Bit Parts

In 2003, Carla Boone sued artists Fabolous and Pharrell Williams and related entities by alleging the defendants' song rap song “Young'n (Holla Back)” infringed on the song “Holla Back” to which Boone's company had the rights. At the New York federal district court level, Boone was represented by what today are two firms: Codispoti & Associates and Mancinelli & Associates. The U.S. District Court for the Southern District of New York granted pre-trial summary judgment for the Fabolous defendants. The district court determined: ” The presence of the phrase 'holla back,' rapped in an eighth note, eighth note, quarter note rhythmic pattern in the hook of each song is too common to be protectable.” Boone v. Jackson, 03 CV 8661 (S.D.N.Y. 2005). Boone represented herself pro se on appeal; the U.S. Court of Appeals for the Second Circuit affirmed. Boone v. Jackson, 206 Fed. Appx. 30 (2d. Cir. 2006). In 2015, Boone sued her former lawyers in the Southern District, including by alleging fraud. She claimed the lawyers falsely led her “to believe that a [j]ury [t]rial would occur,” that they knew or should have known most copyright infringement cases don't reach the trial stage. District Judge Lorna G. Schofield dismissed Boone's suit against the lawyers. First, District Judge Schofield noted that “the statements about the likelihood of defeating summary judgment and obtaining a jury trial were 'mere expression[s] of future expectations' that did not constitute actionable fraud.” The district judge went on to find that, even if Boone's claim was analyzed as one for malpractice, “the Complaint fails to allege negligence as it 'essentially alleges ' an “error of judgment”' '.” In any case, a malpractice claim would be time-barred by New York's three-year statute of limitations. “Here,” Judge Schofield observed, “Defendants ceased their representation of Plaintiff after the Copyright Action was dismissed by Memorandum Opinion and Order dated June 30, 2005, and therefore any claim for legal malpractice against Defendants accrued by that date.” Boone v. Codispoti & Associates P.C., 15 Civ. 01391. '

Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner