Appeal Fails In Lawsuit To Allow Managers To Book Gigs For The Bands They Represent
The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a NCOPM (National Conference Of Personal Managers) lawsuit filed in 2012. That suit challenged the constitutionality of the California Talent Agencies Act which restricts a manager's ability to book live dates for their artists.
While their legal challenge was dismissed, NCOPM claimed several smaller victories from the litigation, including Court findings that the California Labor Commissioner does not have immunity from TAA litigation and NCOPM has standing for declaratory and injunctive relief, including standing on behalf of its members that could be subject to TAA controversies.
As well, the Court's opinion in the case remains "unpublished" and does not constitute a binding legal precedent that will sway future cases, and the ruling leaves a window open for future litigation related to TAA issues, NCOPM said.
NCOPM had filed the suit in challenge of California's Talent Agencies Act, alleging that it violates due process and equal protection rights, burdens and interferes with interstate commerce, impairs the obligations of personal management contracts, burdens and restricts commercial speech and results in involuntary servitude without claims of fraud, non-performance or criminal conduct.
via Celebrity Access