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Dispute Over Jay Livingston Songwriter Contracts Sent to Arbitration

The U.S. District Court for the Middle District if Tennessee sent to arbitration a dispute alleging, among other things, failure to properly pay song royalties to Tammy Livingston, granddaughter of the late American Songbook composer (e.g., "Que Sera Sera" and "Mona Lisa") Jay Livingston. Livingston v. Jay Livingston Music Inc. (JLM), 3:21-cv-00780. Jay had entered into "Popular Songwriters Agreements" (PSAs) with JLM. Claims in Tammy's lawsuit include for tortious interference, breach of fiduciary duty and unjust enrichment. The PSAs state: "Any and all differences, disputes or controversies arising out of or in connection with this contract shall be submitted to arbitration …" As to Tammy's attack on the authenticity of the PSAs, Chief District Judge Waverly D. Crenshaw Jr. ironically noted: "Tammy asserts rights that are the product of these very same" contracts. He added: "Tammy provides no evidence [of inauthenticity] beyond her self-serving statement: I am very familiar with my grandfather's genuine signature and his handwriting. I have reviewed many of the copies of documents submitted as exhibits to Defendants' Renewed Motion to Dismiss. Based on my person (sic) knowledge of my grandfather's signature and handwriting I do not believe many of the signatures on them which purport to be his are authentic." But "[t]hat Tammy does 'not believe' Jay's PSA signatures are authentic fails to raise a material dispute of fact," the chief judge found, concluding that the PSA arbitration clause "covers each of Tammy's claims," including other alleged inauthenticity factors.