Braxton Plays Musical Chairs with Suit

01/30/2007 1:17 PM, E! Online


If at first you don't succeed, dust yourself off and try again.

Lawyers for Toni Braxton announced Tuesday that the singer has refiled her breach-of-contract lawsuit against her former manager in New York State Court, a day after opting to dismiss the same suit filed earlier this month in federal court.

When ordered by a U.S. District Court judge in Manhattan to produce more evidence to justify her claim that Barry Hankerson had cheated her out of at least $10 million by manipulating her into leaving LaFace/Arista, her longtime record label, Braxton "voluntarily dismissed her lawsuit," according to a rep for Hankerson and his label, Blackground Records LLC.

But not all was said and done. Braxton's attorney, Peter Haviland, said Tuesday that he had decided that bringing the complaint to state court was "the fastest route to getting Toni Braxton free and clear of Barry Hankerson, since we avoid wasting time on any possible dispute over federal jurisdiction of her claims."

Braxton sued Hankerson and Blackground on Jan. 12, alleging he "actively sought to destroy Braxton's relationship with Arista through underhanded 'double-talk,' telling Braxton that Arista was not interested in working with her anymore, while telling Arista that Braxton no longer wanted to record for Arista," in order to get the six-time Grammy winner to make the jump to Blackground.

The "Un-Break My Heart" diva is seeking more than $10 million in damages and a voiding of the multi-album contract she has with Blackground.

Braxton, who is currently playing an extended engagement at the Flamingo Hilton in Las Vegas-right down the road from fellow Sin City fixtures Celine, Elton and Prince-has released one album on the Blackground label, 2005's Libra.

It was after Libra's underwhelming performance that Braxton discovered Hankerson's subterfuge, her lawsuit states.

On a more personal note, Braxton was announced as one of the headliners for the Concert for Autism Speaks Apr. 9 at Lincoln Center's Frederick P. Rose Hall, along with Bill Cosby and emcee Tom Brokaw.

“When autism became a part of my family's reality, I was determined to join Autism Speaks in its battle against this devastating disorder that is impacting thousands of families,” said Braxton, who revealed during an appearance on The View Monday that her three-year-old son Diesel was diagnosed with autism last fall.

"All of us must continue to fight until we have found the cause and a cure for autism," a tearful Braxton told Rosie & Co. "I get so emotional about this."