Yellowcard’s lawsuit against Juice WRLD is resuming for the third time
In Oct. 2019, Yellowcard filed a complaint against Juice WRLD, whose real name is Jarad Higgins. The band claim that the rapper plagiarised parts of their 2006 song "Holly Wood Died" in his hit "Lucid Dreams." The band are suing for damages, past and future royalties for "Lucid Dreams" and profits from Juice WRLD’s tours.
The original response date of the defendants was Dec. 9, 2019. However, following the tragic death of Juice WRLD on Dec. 8, Yellowcard put the lawsuit on pause. Shortly after, Yellowcard then filed a legal notice extending the defendants’ deadline to Feb. 4.
Then, on Jan. 13, another defendant in the case filed for a Feb. 4 extension. BMG Rights Management requested on Jan. 13 that they have until Feb. 4 to respond to the original complaint filed by Yellowcard.
Then, according to reports, the entire case had been put on hold until Juice WRLD’s estate found its executor.
In a court order signed on Feb. 11 by U.S. District Court Judge Consuelo B. Marshall, the matter of who will represent Juice WRLD’s estate will be settled in a probate court.
“The action is stayed pending the appointment of a representative for the estate of Defendant [Jarad A.] Higgins by the probate court,” the documents read. “The parties shall file a status report re: the probate proceedings no later than April 13, 2020.”
Following all of this, the case was put on hold again in April amid the pandemic. The court filing states that the “defendants do not expect this situation [coronavirus lockdowns] will change in the near future.”
The court had until July 1, 2020 to reconvene and decide if the case should proceed in July.
Now, the lawsuit is officially resuming this month. On July 8, XXL reported that Juice WRLD’s mother Carmela Wallace has now been appointed by the probate court as the “personal representative for the Estate."
According to XXL, court documents were filed on July 2. With Wallace's participation in the case, the trial is now officially able to resume.
“The court has reviewed parties’ joint status report re: probate proceedings which states the probate court has appointed Carmela Wallace as personal representative for the Higgins’ Estate,” the court filing reads.
“The Estate has engaged separate counsel to initiate probate proceedings in Florida, one purpose of which was to appoint a personal representative to act on its behalf in this lawsuit,” the document states. “Probate counsel has informed Defendants’ counsel that the probate court has appointed Carmela Wallace as personal representative for the Estate. Consequently, the Estate now can participate in this case.”
The court documents also reveal that Juice WRLD's estate is seeking legal counsel in order to continue court proceedings in Florida.
Former Yellowcard members William Ryan Key, Sean Michael Wellman-Mackin, Peter Michael Mosely and Longineu Warren Parsons filed their complaint in Oct. 2019 in the U.S. District Court in California.
“Defendants copied the Original Work without license or consent, and have exploited the subsequent Infringing Work and Infringing Sound Recording to their collective benefit without regard to Plaintiffs’ rights and to Plaintiffs’ detriment,” the filed complaint reads. “The Infringing Work and Infringing Sound Recording are not only substantially similar to the Original Work, but in some places virtually identical.”
Juice WRLD first gained recognition in 2018 with his hit single “Lucid Dreams." The song was originally released on SoundCloud in 2017. It went on to debut at No. 74 on the Billboard Hot 100 and peaked at No. 2. “Lucid Dreams” later appeared on his debut album Goodbye & Good Riddance which was released in 2018.
Check back with AltPress for any updates regarding the Juice WRLD lawsuit.