Johnny Ramone's widow Linda Cummings-Ramone has won a legal victory over Joey Ramone's brother Mickey Leigh in their never-ending battle over control of the pioneering punk band's legacy.
In a decision made public on Tuesday (10 December), an arbitrator ruled that Leigh's manager, David Freymust be terminated as a director on the board of Ramones Productions Inc., the corporate entity that controls the Ramones' music and other assets.
Ruling that Frey had breached his fiduciary duty to the company, the arbitrator said Leigh's manager had “cultivated a dysfunctional and vexatious relationship” with Cummings-Ramone and had engaged “in conduct that harms the Ramone brand, rather than to promote this brand”.
“Mr. Frey has repeatedly engaged in disruptive and negative conduct that has been detrimental to RPI and furthers the legacy of the Ramones,” Shira Scheindlin, a former federal judge, wrote in a private ruling issued Dec. 5. “Undoubtedly this behavior prevented the RPI from achieving greater financial success. The behavior of Mr. Frey has damaged the RPI.'
One of the major errors cited by the arbitrator was Frey's failure to seek Cummings-Ramone's approval for a planned film based on Leigh's memoir, I slept with Joey Ramone — a film project announced by Netflix in 2021 starring actor Pete Davidson in the title role.
Scheindlin said Frey was “well aware” of his obligation to get Cummings-Ramone's consent “before agreeing to this project,” as the film would almost certainly feature the band's music – the rights to which are owned by Ramones Productions . The judge also cited an email from Netflix that described the planned film not just as a Joey biopic, but as “the story of the Ramones.”
“Based on a preponderance of the credible evidence, Mr. Frey breached his duty of care, honesty and loyalty by failing to present [Netflix] compromise with Ms. Cummings-Ramone and/or the RPI Board of Directors for their approval,” the judge wrote.
In a statement to Bulletin board On Wednesday (December 11), Cummings-Ramone said she was “thrilled” that they “will finally be able to move forward and build and expand on the legacy of the best band ever.”
“Preserving this legacy is not just a responsibility, but a deeply personal mission for me,” he said. “I have dedicated my life to honoring and preserving the extraordinary contribution my husband and his band have made to music, culture and the lives of millions around the world.”
An attorney representing both Leigh (Mitchel Hyman) and Frey did not immediately return a request for comment Wednesday.
Joey Ramone (real name Jeffrey Ross Hyman) and Johnny Ramone (John William Cummings) weren't actually brothers and had a notoriously frosty relationship during their decades as bandmates. In the years since the two died in the 2000s, this feud has seemingly continued between Leigh and Cummings-Ramone.
As executors of Joey's and Johnny's respective estates, Leigh and Cummings-Ramone own half of Ramones Productions. But that partnership has not gone smoothly, with multiple lawsuits and arbitrations over the past decade.
The latest standoff began in January, when Cummings-Ramone sued Leigh in New York state court, including claims that he and Frey had “secretly” created the “unauthorized” biopic. In the lawsuit, Cummings-Ramone said any “authentic story of the Ramones” would require her signature: “To allow only the defendants to tell the authoritative story of the Ramones would be an injustice to the band and its legacy.”
As a key part of that case, Cummings-Ramone demanded Frey's removal as a director on the board of Ramones Productions — arguing that “his continued involvement and obfuscation remains a significant obstacle to resolving even the clearest operational issues.” In May, the judge overseeing the case ordered that issue be resolved in arbitration before Scheindlin.
In her ruling granting that request, the arbitrator cited statements by Marky Ramone (Marc Bell) that Frey was “extremely annoying” and CJ Ramone (Christopher Joseph Ward) that “I don't think it was ever in his best interest to inherit of the Ramones”. Scheindlin also cited an email from the company's former accountant telling Frey, “You've made it impossible to do what needs to be done.”
“While I agree that there are two sides to every story, the overwhelming weight of the evidence establishes that Mr. Frey has maintained a dysfunctional and vexatious relationship with Ms. Cummings-Ramone, former band members, and RPI's vendors and associates.” , Scheindlin wrote in her decision. “This behavior has harmed RPI and its shareholders.”
In a particularly colorful passage, the judge described an incident last summer in which the New York Mets had offered to let the Queens-based band celebrate its 50thu anniversary by having Cummings-Ramone throw out a ceremonial first pitch at an August game. But Frey ultimately refused to grant her approval to go under the simpler name “Linda Ramone” — a key point of contention in their various legal battles over the years.
In her ruling, Scheindlin said Frey had “no credible basis to refuse to agree with Ms. Cummings-Ramone to throw out the first pitch using the name Linda Ramone” and cost the band a valuable opportunity to boost its public profile of.
“This was obviously a very important opportunity to celebrate the band's 50th anniversary,” the judge wrote in her decision. “There was no reason to miss this opportunity but to continue the hostility and dysfunction between the two shareholders and their representatives.”
The ruling, which must be confirmed by a New York judge, resolves only a single issue in the larger lawsuit and leaves other issues to be resolved in court. Leigh has also sued Cummings-Ramone in a separate lawsuit in federal court, accusing her of trademark infringement and other violations. and this case remains pending.
