Johnny Ramone’s widow, Linda Cummings-Ramone, has won a legal victory over Joey Ramone‘s brother, Mickey Leigh, in their never-ending feud over control of the pioneering punk band’s legacy.
In a decision made public on Tuesday (Dec. 10), an arbitrator ruled that Leigh’s manager, David Frey, must 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 “fostered a dysfunctional and disruptive relationship” with Cummings-Ramone and had engaged “in conduct that harms the Ramone brand, rather than promoting that brand.”
“Mr. Frey has repeatedly engaged in disruptive and negative conduct that has been detrimental to RPI and promoting the legacy of the Ramones,” wrote Shira Scheindlin, a former federal district judge, in a ruling privately issued Dec. 5. “Undoubtedly this conduct has prevented RPI from achieving greater financial success. Mr. Frey’s conduct has harmed RPI.”
One of the major missteps cited by the arbitrator was Frey’s failure to seek Cummings-Ramone’s approval for a planned movie based on Leigh’s memoir, I Slept with Joey Ramone — a film project that Netflix announced in 2021 with actor Pete Davidson attached to star in the title role.
Scheindlin said Frey was “well-aware” of his obligation to obtain Cummings-Ramone’s consent “before agreeing to this project” since the movie 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 movie as not just a Joey biopic, but “the story of the Ramones.”
“Based on the preponderance of the credible evidence, Mr. Frey breached his duty of care, honesty and loyalty, in failing to present the [Netflix] deal to Ms. Cummings-Ramone and/or the Board of RPI for their approval,” the judge wrote.
In a statement to Billboard on Wednesday (Dec. 11), Frey warned that the arbitrator’s ruling was “improper, unlawful, over-reaching” and unless overturned “will create far greater problems and potential exposure to litigation for Ramones in the near future.”
“It’s my belief that the binding mediator had no understanding of the details, acted emotionally unhinged, and with extreme prejudice,” Frey said. “I also believe that the petitioner’s personal insecurities and ethically challenged lawyers have led Cummings-Ramone to fabricate this tsunami of unfounded allegations.”
In her own statement to Billboard, Cummings-Ramone said she was “thrilled” with a ruling that she said would allow Ramones Productions to “move forward and create and expand the legacy of the best band ever.”
“Preserving this legacy is not just a responsibility but a deeply personal mission for me,” she said. “I have dedicated my life to honoring and safeguarding the extraordinary contributions my husband and his band have made to music, culture, and the lives of millions around the world.”
Joey Ramone (real name Jeffrey Ross Hyman) and Johnny Ramone (John William Cummings) were not actually brothers, and they had a notoriously chilly relationship during their decades as bandmates. In the years since the two died in the 2000s, that feud has seemingly continued between Leigh and Cummings-Ramone.
As the executors of Joey’s and Johnny’s respective estates, Leigh and Cummings-Ramone each own half of Ramones Productions. But that partnership has not gone smoothly, with multiple lawsuits and arbitrations over the past decade.
The latest scuffle began in January, when Cummings-Ramone sued Leigh in New York state court, including allegations that he and Frey had “covertly” developed the “unauthorized” biopic. In the lawsuit, Cummings-Ramone said that any “authoritative story of the Ramones” would require her sign-off: “To permit defendants alone to tell the authoritative story of the Ramones would be an injustice to the band and its legacy.”
As one key part of that case, Cummings-Ramone demanded the removal of Frey as a director on the board of Ramones Productions — arguing that his “continued involvement and obfuscation remains a significant hurdle toward resolving even the most straightforward of operational issues.” In May, the judge overseeing the case ordered that issue to be resolved in arbitration before Scheindlin.
In her ruling granting that request, the arbitrator cited statements from Marky Ramone (Marc Bell) that Frey had been “extremely disruptive” and from C. J. Ramone (Christopher Joseph Ward) that “I do not believe he was ever working in the best interest of the Ramones’ legacy.” Scheindlin also cited an email from the company’s former accountant telling Frey: “You have 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 fostered a dysfunctional and disruptive relationship with Ms. Cummings-Ramone, former band members, and RPI’s vendors and partners,” Scheindlin wrote in her decision. “This conduct has harmed RPI and its shareholders.”
In one particularly colorful passage, the judge described an incident this past summer in which the New York Mets had offered to let the Queens-based band celebrate its 50th anniversary by having Cummings-Ramone throw out a ceremonial first pitch at an August game. But Frey ultimately refused to grant approval for her to take part under the simpler name “Linda Ramone” — a key point of contention in their various legal wranglings over the years.
In her decision, Scheindlin said Frey had had “no credible basis to refuse to agree to Ms. Cummings-Ramone throwing out the first pitch using the name Linda Ramone” and had cost the band a valuable chance to boost its public profile.
“This was obviously a very high-profile opportunity to celebrate the band’s 50th Anniversary,” the arbitrator wrote in her ruling. “There was no reason to lose this opportunity other than to continue the animosity 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; that case also remains pending.
