The second time around was no better than the first in Carly Simon's suit against Starbucks.

The singer sued the coffee chain, saying that the company did not promote or distribute her 2008 album, This Kind of Love, which was released on Hear Music label whose music was distributed through Starbucks. Her suit states that the company scaled back their music business five days before the release of the album and did not follow through in getting the album heard or to the public. She also said that the coffee giant slashed the price of the album prematurely at its locations and that the company had an obligation to inform her of any decisions that they made that might affect her work.

Last April, Los Angeles District Court Judge George Wu threw out the lawsuit stating that Starbucks was under no obligation to share their business plans with others and said that Simon's deal with Hear Music (which continues operations under the Concord Music Group) did not state that Starbucks would be assisting in the promotion or distribution of the album. Simon refiled, stating that their was a verbal agreement for distribution and marketing of the album with Starbucks' VP of content development, Alan Mintz.

On Friday, Wu dismissed the case, once again stating that Starbucks had no obligation to Simon, pointing instead to the shortcomings of the Hear Music executives who operated separately from the Starbucks chain.

VVN Music