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FLORIDA RECORD

Thursday, March 28, 2024

R&B singer Mario's album at center of court fight

Recording

FORT LAUDERDALE, Fla.—Florida music producers recently filed a suit against a company for alleged fraudulent actions regarding promotion of an album by R&B singer Mario. 

CCS Music Group LLC filed a suit in the U.S. District Court for the Southern District of Florida Fort Lauderdale Division on Jan. 12 against H Brand LLC and owner Derek Jackson, alleging fraudulent inducement in addition to fraudulent and negligent misrepresentation of their services as music producers.

According to the suit, Scott Storch, a member of CCS Music Group, began planning to produce master recordings featuring Mario Dewar Barrett, who performs as Mario, in February 2015. Soon after, CCS claims to have begun discussions with the defendant regarding the marketing and distribution of the album.

The plaintiff alleges that Derek Jackson, on behalf of himself and H Brand, claimed to have $500,000 to contribute to the overall production of the album. In May 2015, CCS Music entered into two agreements with H Brand including a letter of intent known as the “Mario Agreement” and a second letter of intent known as the “Storch Agreement,” in which CCS agreed to produce the album in exchange for a portion of the sales and H Brand allegedly agreed to distribute it. 

The claim states that on June 14, H Brand entered an agreement that granted non-party Caroline Records exclusive distribution rights of the Mario Album, providing that H Brand fund the manufacturing and marketing of album. The album was completed by CCS Music in July 2015 at the cost of approximately $400,000. By Sept. 17, the plaintiff alleges that H Brand had not contributed to the cost of the record. After the plaintiff attempted to contact Jackson, H Brand allegedly released its rights of ownership. The plaintiff  alleges H Brand and Jackson are guilty of fraudulent inducement regarding the claims made by the defendant in written agreements as well as negligent misrepresentation and promissory estoppel.

CCS Music Group seeks damages, litigation fees, costs and interest. The company is represented by Jonathan S. Robbins and Ashley A. Sawyer.

Southern District of Florida Fort Lauderdale Division Court Case number 1:16-cv-60072-WPD

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