Can Flo & Eddie Appeal N.Y. Ruling?


Yesterday’s 4-2 decision by the New York State Court of Appeals that found Sirius XM not liable for royalty payments for its airing of pre-1972 songs on its satellite radio stations may have some thinking about what Flo & Eddie — the founders of 1960s-era rock act The Turtles and the protagonists in a long-running battle to collect on airplay — may do next.

With a New York outcome vastly different than what transpired in California ruling just last month, when a payout settlement was reached just a day before a trial was set, some may think Federal court is the next logical venue for the plaintiffs.

Don’t count on it, says one legal expert.

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Adam R Jacobson is a veteran radio industry journalist and advertising industry analyst with general, multicultural and Hispanic market expertise. From 1996 to 2006 he served as an editor at Radio & Records.