October 13, 2009

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Carly Simon sues Starbucks
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Carly Simon. (AP Files)

Sixties icon Carly Simon is suing Starbucks, blaming bosses of the coffee chain's record label for the poor sales of her 2008 album This Kind of Love.

Simon signed a deal to release the Brazilian-themed disc through Starbucks' Hear Music label.

The record sold just 124,000 copies, a third of the sales of her 2005 album Moonlight Serenade.

Its poor performance has forced Simon to cancel her retirement plans, and she's accusing Starbucks of mismanaging the project.

In a lawsuit filed on Friday, Simon alleges label bosses halved her advance, and have yet to pay her what she is owed.

She also claims Starbucks scaled back its Hear Music venture just days after signing her, handing day-to-day management of the album to a new partner.

The lawsuit accuses Starbucks executives of promotional negligence, alleging they failed to stock her CD in many of its stores - and failed to warn her about the downgrading of their involvement with Hear Music.

Simon's lawyer says, "Instead of advising her as soon as they could that this was a problem, Starbucks kept it secret, and they tried to deceive her even after they made the so-called public announcement."

The singer claims the fiasco has left her in financial difficulty, owing money on her home in Massachusetts and forcing her to record another album, Never Been Gone, through her son's record label.

Her lawsuit demands between $5 million and $10 million from Starbucks, alleging "concealment of material facts", "tortuous interference" with the contract, and "unlawful, unfair and fraudulent business practices".

A Starbucks spokesman has responded in a statement that reads, "(We are) disappointed to hear that (Simon) may be taking this action. Starbucks has great respect for Ms. Simon and is hopeful that this matter can be resolved in an amicable manner."


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