Gospel legend BeBe Winans last week won a three-year old copyright case in which he had been named the defendant. The case centered on Winans’ albums My Christmas Prayer, which was recorded in 2003, and Dream, recorded a year later.

Tom Hemby, a performer on the older album and the record’s co-producer, filed the lawsuit claiming essentially “that Winans unlawfully and with hostile or fraudulent intent purported to transfer copyright interests and other rights of Plaintiff that Winans did not own.”

According to the complaint, Hemby and Winans co-authored 13 of the album’s 15 tracks and thus were the co-owners of the sound recording copyrights, although no signed written agreement of any type exists between them concerning their respective ownership.

Before the album was completed, Winans’ company Movement had entered into a joint venture with California-based Hidden Beach Recordings. The complaint alleged that the joint venture agreement had contained language saying that the venture would have “sole, exclusive and perpetual owner of all recordings made for the Venture...”

Hemby claimed that transferring what he saw as his copyright interest in the album — which to date has produced profits of almost $700,000 — was improper. Further, he claimed that he has never received what he believed were his due compensation, advance and consideration as a “co-owner” of the album.

It was a similar situation with Dream, on which Hemby said he has also served as co-producer and performer, the two musicians tried for two years prior to the filing of this case to agree on terms of their respective ownership.

Hemby initially filed suit in October 2006. The proceedings dragged on for more than a year before his attorneys got the judge to impose sanctions on Winans for twice failing to show up for depositions. After obtaining his testimony and other evidence, Hemby filed an amended complaint in March of last year.

The case finally went to trial on July 22. On the third day of the trial, after the plaintiff finished presenting his case, Winans' attorneys asked District Court Judge William B. Haynes to throw out the case without presenting it to the jury. Haynes granted the motion and dismissed the case with prejudice.

Winans was represented in the case by Bruce Phillips, Philip Lyon and Matthew Beckett of Lyon & Phillips. Representing Hemby was Philip M. Kirkpatrick of Stewart Estes & Donnell and James P. Chesser of Chesser & Associates.

Tennessee Court of Appeals

Lena Jaden v. Vanderbilt University. Opinion issued July 27. Appeals Judge Andy Bennett last week affirmed a ruling from Chancellor Carol McCoy in this case involving a former Ph.D. candidate and the university. Jaden had originally sued the school for breach of contract following the termination of her graduate studies.

Jaden enrolled in the doctoral program in 1986 seeking a doctorate in psychology. The original deadline given by the school for the completion of her empirical study was 1990. Due to various circumstances, that and many subsequent deadlines were missed such that Jaden was still seeking her degree in 2005.

Vanderbilt issued a final deadline for her dissertation at the end of the 2005 spring semester. That deadline was missed and she was terminated from the program, leading to the lawsuit.

McCoy originally granted summary judgment in favor of Vanderbilt. In affirming that decision, Bennett closed his opinion sternly:

“This lawsuit is a prime example of why Clare Boothe Luce said, ‘No good deed goes unpunished.’ Vanderbilt exercised the patience of Job with Jaden. She missed deadline after deadline until Vanderbilt decided enough was enough. Under their agreement, that was Vanderbilt’s right. The chancellor is affirmed.”

Jaden was represented by Brian O. Bowhan of Antioch. Representing Vanderbilt were Tim K. Garrett and Annie W. Neal of Bass Berry & Sims.

United States District Court

Nickens v. Whirlpool Corp. Jury verdict issued July 28. A jury sided with appliance maker Whirlpool in a case filed by a former employee over “associational harassment.”

Treva Nickens, a white worker who was formerly employed at Whirlpool’s now-defunct La Vergne plant, claimed in her suit that she became the target of harassment after she defended black co-workers and agreed to testify on their behalf in a previous harassment case filed against the company.

The jury sided with Whirlpool, saying that the company was not guilty of what was termed “associational harassment.”

Kevin Sharp of Drescher & Sharp was Nickens’ local representation alongside attorneys from New York and Washington, D.C. Whirlpool was represented locally by Tim K. Garrett of Bass Berry & Sims.

Davidson County Chancery Court

Metro Medical Supply Inc. v. Activant Solutions Inc. Filed July 23. Metro Medical, one of Middle Tennessee’s largest private companies and a distributor of medical and surgical supplies to providers across the country, is suing a California software firm for taking payments but never making its software work.

Metro Medical originally contracted with what is now an Activant subsidiary to implement a software suite designed to improve its operations. Publicly traded Activant later acquired that provider.

After five years and much back and forth between the two companies, Metro Medical claims the software still does not work, and that it has paid Activant $450,000 “for which it has received nothing in return.”

Filing the case on behalf of Metro Medical are Hugh C. Howser Jr., Bryant C. Witt and Travis B. Swearingen of Miller & Martin.

Davidson County Circuit Court

Metropolitan Government of Nashville v. Joseph B. Sawyers II. Filed July 27. Metro wants back the roughly $20,000 it says it paid out beginning in March 2007 to the late Alma Sheets, and has sued Joseph Sawyers of Clay County, Mo., who acted as the executor and personal representative of the Sheets estate.

Metro claims Sawyers was negligent because he did not properly inform the government of Sheets’ death in 2007 and allowed the pension benefit checks to continue being direct-deposited into the estate’s account. Sheets began receiving the benefit checks in 1997 shortly after her husband, Harding Sheets — a former Metro employee — passed away.

Metro is seeking up to $100,000 in relief from Sawyers for damages suffered as a result of paying out the benefits.

Filing the lawsuit against Sawyers were Metro attorneys Kevin C. Klein, Andrew D. McClanahan and Christopher M. Lackey.