Law School Case Brief
Curb Records, Inc. v. McGraw - No. M2011-02762-COA-R3-CV, 2012 Tenn. App. LEXIS 670 (Ct. App. Sep. 25, 2012)
Pursuant to Tennessee case law, there are four factors to be considered by a trial court in deciding whether to issue a temporary injunction: the threat of irreparable harm, the balance between the harm to be prevented and the injury to be inflicted if the injunction issues, the probability that the applicant will succeed on the merits, and the public interest. With respect to permanent injunctive relief, the analysis differs somewhat as, in the typical situation, the court has ruled in favor of the applicant on the merits and must determine whether permanent injunctive relief is an appropriate remedy.
Plaintiff Curb Records, Inc. (Curb) filed this breach of contract action against defendant, Samual T. McGraw (Tim McGraw), a country-western recording artist. The parties had entered into an agreement under which McGraw would render his services as a recording artist exclusively for Curb during the term of the agreement. Curb filed a complaint for a declaratory judgment against McGraw in which Curb alleged that McGraw was in breach of the agreement because he refused to record and deliver the fifth option period album in accordance with the terms of the agreement. Subsequently. Curb filed a motion for a preliminary injunction to prevent McGraw from working as a recording artist for any other person or entity during the pendency of the case. The trial court denied the motion. Curb appealed.
Did the trial court err in denying Curb Records' motion for injunctive relief?
The appellate court held that the trial court did not err in denying temporary injunctive to a recording company, which sought to enjoin a recording artist from recording for other entities because: (1) the contract at issue lacked a specific durational limit and the duration depended upon the exercise of discretion by the company; and (2) the requested injunction would have essentially placed the artist in a position of choosing between the end of his recording career or the indefinite continuation of a contentious relationship with the company.
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