View Full Version : Text Of Leon Hendrix Lawsuit Against Janie Hendrix

05-25-09, 09:44 PM
Text Of Leon Hendrix Lawsuit Against Janie Hendrix

Acrobat Reader Required

British Court Ruling Against Purple Haze Records


Ed Chalpin PPX Court Case 1984


Ed Chalpin PPX Court Case 1987


British Court Rules Against PPX 2003


Relations between the estate of Jimi Hendrix (now represented by Experience Hendrix LLC) and the
record company PPX Enterprises Ltd have been strained for some thirty years. In the 1970s, they
settled a long-running lawsuit brought by PPX over breach by Hendrix of his exclusive recording
agreement. The settlement agreement permitted PPX to licence certain Hendrix recordings, but not
others, without the estate’s consent. In 2001, Experience Hendrix commenced fresh proceedings,
alleging that PPX was in breach of the settlement agreement. PPX argued that the estate’s failure to
object over the years meant that either the settlement agreement had been varied, PPX had an
implied licence, or Experience Hendrix was estopped from objecting now. However, these defences
failed and in July 2002 Experience Hendrix obtained an injunction - but not damages or an account of

In March this year, the Court of Appeal considered whether Experience Hendrix was in fact entitled to
an account of profits or award of damages in respect of PPX’s breaches. There was no evidence of
any financial loss suffered by Experience Hendrix as a result of the breaches. The Court of Appeal
therefore turned to the House of Lords ruling in HM Attorney-General v Blake (2001), that is, in
exceptional circumstances, the court has a discretion to require a defendant to account for the
benefits received from his breach of contract. As in Blake, PPX had knowingly done the very thing it
had contracted not to do and knew that Experience Hendrix would, in any event, not have consented;
further, the fact that Experience Hendrix was entitled to an injunction against future use showed that
it had a legitimate interest in preventing PPX’s profit-making activity. However, unlike Blake, the
circumstances here were not “exceptional” and so did not justify an order to account for all the
profits. Blake had been a double agent due to receive royalties from revelations about his breaches
of security published in breach of his contractual duty of secrecy under the Official Secrets Act. By
contrast, PPX’s breaches, although deliberate, had taken place in a commercial context and the
1973 settlement agreement had indicated that Experience Hendrix might be willing to contemplate
PPX’s further use of the recordings on suitable terms.

Given the background to the case and the nature of the settlement agreement, the Court of Appeal
ruled that, “as a matter of practical justice”, PPX should make reasonable payments in respect of the
benefit it had gained from using the non-Schedule A master recordings in breach of the settlement
agreement (as well as the agreed royalties in respect of sales of the Schedule A works – and, in
respect of which, the trial judge had been wrong to accept PPX’s undertaking to pay, in lieu of making
a court order). The Court intimated that the royalty rate for the non-Schedule A works should be at
least twice that agreed in 1967 for the Schedule A ones.

Case ref: Experience Hendrix LLC v (1) PPX Enterprises Inc (2) Edward Chalpin, CA, [2002] EWCA Civ
323, 20.3.2003.

British Court Rules Against PPX In Breach Of Contract Claim

http://www.lambchambers.co.uk/docs/art12.pdf Adobe Acrobat Reader Required

Experience Hendrix LLC v. PPX Enterprises Inc 2001

http://oxcheps.new.ox.ac.uk/new/casebook/cases/Cases%20Chapter%2021/Experience%20Hendrix%20LLC%20v%20PPX%20Enterprises %20Inc.doc.

Experience Hendrix Wins $990,000 Judgement Against Ed Chalpin 2007


Alan Douglas's Wife Sues Over Concealed Assets 2006


Experience Hendrix Wins $3.2 Million Judgement In Vodka Case 2009


Experience Hendrix Wins Lawsuit Against Radioactive Records 2006


Experience Hendrix Wins Rights To All Recordings Except 33 PPX Tapes 2002


Ed Chalpin PPX VS. MCA & Are You Experiended LTD 1998 (Douglas & Branton)

1. http://www.courts.state.ny.us/comdiv/Law%20Report%20Files/July%201998/ppx.htm

2. http://www.nycourts.gov/comdiv/Law%20Report%20Files/May%201999/Ppx99.HTM

05-26-09, 04:24 AM
Thanks, Robbie.

Roland Stone
05-26-09, 11:44 PM
Are you a lawyer Robbie? Reading about all those legal wranglings to me is only slightly less depressing and only slightly more interesting than reading about Jimi death conspiracy theories.

But I did enjoy the one about Alan Douglas, particularly because, as I wrote a few weeks back, I recently met Leo Branton and got to talk with him a little bit about the Hendrix Estate.

05-27-09, 01:02 PM
Thanks for these :)
I enjoy reading legal texts, if only for the convoluted language.

Ezy Rider
06-21-11, 03:26 AM
Old news (2008) but still relevant

Earnings From The Crypt
'Scuze Me, While I Sue This Guy
Mark Lewis, 08.16.02, 8:15 PM ET

NEW YORK - When rock legend Jimi Hendrix (http://www.forbes.com/home/2002/08/12/0812deadintro_10.html) died in 1970, he left behind millions of adoring fans, hundreds of hours of unreleased recordings--and no will. That was a recipe for trouble, and trouble is what ensued. In the latest legal battle over Jimi's legacy, his brother Leon filed suit today against his stepsister Janie, who stands accused of denying Leon his fair share of Jimi's posthumous profits.

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</td> </tr> </tbody></table> </td> </tr> </tbody></table> Leon Hendrix, 54, is suing to overturn the will of his father, James "Al" Hendrix, who died last April at the age of 82. Al Hendrix had inherited his son Jimi's estate, which Al in turn bequeathed to a trust headed by his adopted stepdaughter Janie Hendrix.

According to Leon's attorney Lance Losey, the actions filed today in King County Superior Court seek to overturn both the will and the trust. Losey said Leon also filed a civil lawsuit against Janie Hendrix, alleging that she "interfered with Leon's inheritance expectancy," in part by isolating Al from the rest of the family and by suggesting that Leon was not Al's natural son.

When Al died, all Leon inherited was a gold record. Now he wants more--a lot more. The civil suit against Janie seeks damages amounting to half the estate. No dollar estimate was given, but Jimi Hendrix albums still sell very well, and Forbes.com estimates (http://www.forbes.com/home/2002/08/12/0812deadintro_10.html) that the late guitarist earned $8 million for the estate over the past year--good enough for ninth place on our 2002 list of the top-earning dead celebrities.

Janie Hendrix did not immediately return a phone call seeking comment.

Losey conceded that Leon accepted a $1 million settlement from the estate several years ago, but the lawyer said that earlier agreement involved issues that are not connected to the claims made in the lawsuits filed today. "A good portion of that million dollars was put into a trust for Leon's children," Losey added.

Today's legal action is only the latest salvo in a three-decade war over the Hendrix legacy. "The story of the Jimi Hendrix 'industry' after his death is an unedifying tale of litigation, exploitation and the rubbishing of Jimi's memory by his hometown, Seattle," wrote Harry Shapiro and Caesar Glebbeek in their book Jimi Hendrix--Electric Gypsy (St. Martin's Press, 1990; updated 1995).

Hendrix died in his sleep of a barbiturate overdose in London's Samarkand Hotel on Sept. 18, 1970. In the absence of a will, the estate was inherited by his father, a landscaper whom Jimi had seen relatively little of since leaving Seattle to join the Army in 1961. The two were not estranged, but they were not especially close, according to Steven Roby, author of the recently published Black Gold: The Lost Archives of Jimi Hendrix.

Al Hendrix entrusted management of the estate--and all those unreleased recordings--to attorney Leo Branton. Some two decades later, Al decided he was being cheated and filed suit against Branton. Roby said that Seattle billionaire Paul Allen (http://www.forbes.com/finance/lists/54/2001/LIR.jhtml?passListId=54&passYear=2001&passListType=Person&uniqueId=1217&datatype=Person), a Jimi Hendrix fan, helped fund Al's legal effort. A settlement was reached in 1995 by which Al regained direct control of the estate. He soon passed those reins to Janie Hendrix, daughter of the late Ayako Fujita, whom Al had married after Jimi left Seattle. Al adopted Janie after marrying her mother.

Leon Hendrix is not the only person who feels aggrieved. Roby, in an interview earlier this week, said that Jimi's former sidemen "are all kind of bitter," that at least two women claimed to have had a child by Jimi and that a record producer is still pressing claims in connection with a contract Jimi signed back in 1965. Some of the potential claimants have not been heard from lately, Roby said, but when Jimi experiences the next upsurge in his popularity, "I'm sure they'll be coming out of the woodwork once again."