Scipio v. Sony Music Entertainment, Inc.

COOK, Circuit Judge.

Plaintiffs, 1970s musicians, allege that a contemporary music group unlawfully “sampled” one of their songs in a 1996 release. Prior to Plaintiffs filing a complaint, the parties negotiated but never executed a settlement agreement (the “1998 Proposed Agreement” or the “Proposed Agreement”). When those negotiations broke down, Plaintiffs filed this action. After five years of litigation, continued settlement discussions, and negotiations under the guidance of a court-appointed mediator, Defendants eventually moved for summary judgment, alleging that Plaintiffs through…