Experience Hendrix v. The Last Experience CA2/2
This appeal arises out of a contract dispute over whether a
film documenting Jimi Hendrix’s February 1969 performances at
the Royal Albert Hall in London, England will ever see the light
of day. For almost a half-century, the two parties (or their
predecessors) who own the rights to this film and its
accompanying soundtrack have been lost in a purple haze of false
starts and litigation. In 2010, however, the parties signed a
contract to jointly produce the film for theatrical release, and one
party negotiated a deal with a movie studio for a limited
theatrical release of the film. Alas, the other party wanted to
hold out for a wider release and the deal fell apart. The parties
ended up suing each other over the 2010 contract. The trial court
rejected one party’s bid to rescind the contract and collect
$4.1 million in restitution, concluding that there was no failure of
consideration; the court went on to award over $300,000 in
attorney’s fees to the prevailing part
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