Estate of beloved New Orleans musician Assunto sues for royalty rights

NEW ORLEANS— A man is suing on behalf of the estate of a New Orleans musician, whose rights to song royalties are at issue.

Antonio D. Assunto as administrator of Frank J. Assunto filed suit against John Shoup, Telerecord Relevision Productions LTD and Telerecord Relevision Productions of New Orleans Inc.

The plaintiff claims that in reference to a dispute initiated in 2011 over the intellectual property, advertising and marketing rights related to Assunto’s music legacy and his music group, The Dukes of Dixieland.

A written settlement made in October 2011 purported to resolve the differences between the parties under a strict confidentiality provision, according to the complaint.

The defendants are accused of breaching that agreement “for a specific commercial purpose relating the defendants’ release of music and video media for sale," the complaint states.

Assunto claims that the defendants breached their duty of care as the cause of substantial damage to the plaintiff as well as intentional and fraudulent misrepresentation.

An undisclosed amount in damages is sought for negligence, negligent misrepresentation and fraud. In addition, the plaintiff seeks a determination of royalties for Dukes of Dixieland songs such as “Wolverine Blues,” “Darktown Strutters Ball,” “Sweet Georgia Brown,” “Royal Garden Blues” and “Do You Know What It Means to Miss New Orleans.”

The plaintiff is represented by Scott M. Galante of New Orleans-based Galante & Bivalacqua LLC.

The case has been assigned to Division L Judge Kern A. Reese.

Case no. 2013-08334.