The band initially sought legal action against the rapper in October 2019, claiming his hit "Lucid Dreams" ripped off their 2006 track "Holly Wood Died," and is suing for damages, as well as past and future royalties.
When the 21-year-old tragically passed away in December, Yellowcard put the suit on hold and decided to move forward a couple weeks later. The proceedings were then postponed until April 13, 2020, while an executor was found to represent Higgins' estate. Then the coronavirus pandemic hit and caused a third delay.
On Tuesday (July 7), XXL reported that the case has resumed since Higgins' mother Carmela Wallace was appointed by the probate court as the “personal representative for the Estate.”
“The court has reviewed parties’ joint status report re: probate proceedings which states the probate court has appointed Carmela Wallace as personal representative for the Higgins’ Estate,” the court document, filed on July 2, reads.
“The Estate has engaged separate counsel to initiate probate proceedings in Florida, one purpose of which was to appoint a personal representative to act on its behalf in this lawsuit,” it continues. “Probate counsel has informed Defendants’ counsel that the probate court has appointed Carmela Wallace as personal representative for the Estate. Consequently, the Estate now can participate in this case.”
Yellowcard's decision to resume its case after Higgins' death raised some eyebrows. The band's lawyer Richard Busch defended their decision in a statement issued to Billboard at the time.
"First of all, we were as shocked and saddened by Juice WRLD’s death as everyone else. It is a tragic loss to his family, his fans, and to the music world at large, and we understand why people may be confused about the decision to continue with this lawsuit," he said. "My clients are certainly torn about proceeding, and understand the optics involved. But it is important to remember that this lawsuit was filed before this tragic event, and was filed because all of the defendants (and there are 2 other writers and several music publishers and record labels), profited off of what we believe was clear copying and infringement of Yellowcard’s work. We have an expert report making that clear."
"So while they are absolutely aware of how this may be perceived, and truly have incredible mixed emotions, the question is whether it is fair that all of those many parties profited, and will continue to profit, off of what my client’s believe strongly was their work," he continued. "We should also mention that it has been falsely reported that Yellowcard is demanding a specific amount of damages. They are simply seeking what the law allows, and what parties in their position have sought in similar cases, which at this point is not determined."
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