Anderson v. LaVere
136 So. 3d 404
| Miss. | 2014Background
- Johnson died intestate in 1938 with no assets opened in an estate; later heirs sought royalties from Johnson photographs.
- In 1973 Thompson (Johnson’s half-sister) met LaVere to discuss unpublished Johnson photographs and potential release.
- In 1974 Thompson appointed LaVere as her agent and the 1974 Agreement transferred to LaVere the rights in Johnson photographs and related works, while Thompson retained the originals.
- Sony (CBS at the time) entered into a separate CBS agreement with LaVere and Thompson in 1974, with Sony paying royalties to LaVere but not Thompson directly.
- The Complete Recordings released in 1990, producing substantial royalties; Thompson’s heirs later asserted ownership by Thompson’s estate; litigation continued over proper ownership and entitlement.
- By 1991 LaVere began paying royalties to the Johnson estate rather than Thompson’s estate; in 1998 a chancery court declared Claud Johnson as Johnson’s sole heir, shaping the later claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the three-year statute of limitations bars the claims. | Anderson and Harris argue tolling and waiver apply to toll the limit. | LaVere/others contend accrual occurred by 1990–1991 and not tolled by heirship proceedings. | Yes; the three-year statute bars the claims. |
Key Cases Cited
- Anderson v. LaVere, 895 So.2d 828 (Miss. 2004) (tolling and waiver principles in Mississippi complementary to residual statute)
- CitiFinancial Mortgage Co. v. Washington, 967 So.2d 16 (Miss. 2007) (three-year statute of limitations applied to contract-related claims)
- Carter v. Citigroup, 938 So.2d 809 (Miss. 2006) (three-year limitations period for fiduciary duty, misrepresentation, and related claims)
- Fletcher v. Lyles, 999 So.2d 1271 (Miss. 2009) (three-year limitations applicable to fraud, negligence, and contract claims)
- Estate of Martin Luther King Jr., Inc. v. Ballou, 856 F.Supp.2d 860 (S.D. Miss. 2012) (claims for conversion and replevin governed by residual statute)
