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Freedman v. Arista Records, Inc.

137 F.R.D. 225 (1991)

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Freedman v. Arista Records, Inc.

United States District Court for the Eastern District of Pennsylvania

137 F.R.D. 225 (1991)

Facts

Buyers (plaintiffs) of the Milli Vanilli album Girl You Know Its True filed suit against the producing record label, Arista Records, Inc. (defendant), after it was discovered that the two members of Milli Vanilli were not in fact the persons singing on the album. The album sold 7,000,000 copies, and the duo won a Grammy for best new artists before the discovery was made by the public. The complaint alleged that Arista fraudulently represented that the duo were the singers on the album. Thus, the suit was premised on the federal Racketeer Influenced and Corrupt Organizations Act (RICO), common-law fraud, negligent misrepresentation, breach of warranty, and violations of state consumer-protection laws. The buyers moved for class certification under federal law.

Rule of Law

Issue

Holding and Reasoning (Giles, J.)

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