A lawsuit involving late jazz saxophone icon Ornette Coleman and Antibalas’ Jordan McLean has been dismissed to to inaction from the plaintiff’s side.
The case began in 2015, before Coleman’s death, when the saxophonist sued McLean and his musical partner Amir Ziv on the grounds that the latter two had released recordings of themselves and Coleman, as an album titled New Vocabulary, without Coleman’s permission.
Now, a judge has dismissed the case “with prejudice” due to inaction from Coleman’s camp and their inability to produce the proper documentation that was asked of them. Read a portion of the judge’s decision:
_The defendants have been substantially prejudiced by
Coleman’s inaction. Continued delay will only prejudice the
defendants further by requiring them to expend time and
resources on a case that is not being advanced. The Court has
expended resources on this case and, in particular, on
preserving Coleman’s opportunity to be heard — and its interest
in managing its docket favors dismissal._
In a recent interview with Jambands.com, McLean briefly touches on the lawsuit, saying, “The legal issues are a matter of public record and the fact is that the record remains for sale and has been embraced by critics, fans, and—most importantly to me—musicians who know and love Ornette’s music.”