classicrockmagazine.com
Estranged Cheap Trick drummer Bun E Carlos has sued the rest of the band for hundreds of thousands of dollars, saying they have no right to keep using the band name without him.
He’s joined in the action by former manager David Frey, who says he’s still owed money for covering the band’s costs after the 2011 stage collapse which destroyed their equipment.
Carlos claims his ex-colleagues failed to stick to an agreement that saw him removed from the lineup while remaining a full member of the band for business purposes.
He was sidelined in 2010 and replaced by guitarist Rick Nielsen’s son Daxx, in circumstances which have never fully been explained. Cheap Trick said at the time: “Bun E Carlos is not currently the touring drummer for Cheap Trick. Bun E remains a band member. Everyone is healthy and Cheap Trick will continue to tour as planned.”
Last year the drummer admitted he hadn’t spoken to Nielsen, Robin Zander or Tom Petersson in some time, adding: “Solely as an accommodation to some of the band members I reluctantly agreed to take a temporary hiatus from touring. The other members have never seriously talked to me about leaving the band permanently.”
He was incensed after the band recorded a track for the Special Olympics without him, and said he’d consider legal action.
Now he and Frey have filed legal papers at Cook County Court, in which they say: “Plaintiffs are forced to bring this action against the three Defendants due to defendants’ outright refusal to account for, or pay, hundreds of thousands of dollars which are owed to each of the Plaintiffs, or to otherwise comply with their obligations to Plaintiffs.”
They allege that an agreement with Carlos meant he’s entitled to “receive all remuneration that would have been paid to him had he fully performed, without delay, penalty or offset.”
Frey says he advanced Cheap Trick nearly $400,000 via his credit card to cover the costs of replacing lost equipment following the Ottawa Bluesfest incident two years ago.
He alleges that $71,000 was still owed when they fired him, and while they sent a cheque to cover the amount, it bounced – and since then they haven’t taken any further action to resolve the debt.
The court papers continue: “Defendants have failed to provide any justification whatsoever for the wrongful actions which they have perpetrated against the Plaintiffs. These acts are plainly unjustifiable, not to mention unconscionable.
“Enough is enough. Defendants should be ordered to account for and pay Plaintiffs all the money they are owed, and to compensate for their acts of self-dealing and other corporate misfeasance.
“The Court should also enjoin Defendants from further misuse of the trademarks and other assets of the Cheap Trick Companies, and grant other appropriate relief.”
Estranged Cheap Trick drummer Bun E Carlos has sued the rest of the band for hundreds of thousands of dollars, saying they have no right to keep using the band name without him.
He’s joined in the action by former manager David Frey, who says he’s still owed money for covering the band’s costs after the 2011 stage collapse which destroyed their equipment.
Carlos claims his ex-colleagues failed to stick to an agreement that saw him removed from the lineup while remaining a full member of the band for business purposes.
He was sidelined in 2010 and replaced by guitarist Rick Nielsen’s son Daxx, in circumstances which have never fully been explained. Cheap Trick said at the time: “Bun E Carlos is not currently the touring drummer for Cheap Trick. Bun E remains a band member. Everyone is healthy and Cheap Trick will continue to tour as planned.”
Last year the drummer admitted he hadn’t spoken to Nielsen, Robin Zander or Tom Petersson in some time, adding: “Solely as an accommodation to some of the band members I reluctantly agreed to take a temporary hiatus from touring. The other members have never seriously talked to me about leaving the band permanently.”
He was incensed after the band recorded a track for the Special Olympics without him, and said he’d consider legal action.
Now he and Frey have filed legal papers at Cook County Court, in which they say: “Plaintiffs are forced to bring this action against the three Defendants due to defendants’ outright refusal to account for, or pay, hundreds of thousands of dollars which are owed to each of the Plaintiffs, or to otherwise comply with their obligations to Plaintiffs.”
They allege that an agreement with Carlos meant he’s entitled to “receive all remuneration that would have been paid to him had he fully performed, without delay, penalty or offset.”
Frey says he advanced Cheap Trick nearly $400,000 via his credit card to cover the costs of replacing lost equipment following the Ottawa Bluesfest incident two years ago.
He alleges that $71,000 was still owed when they fired him, and while they sent a cheque to cover the amount, it bounced – and since then they haven’t taken any further action to resolve the debt.
The court papers continue: “Defendants have failed to provide any justification whatsoever for the wrongful actions which they have perpetrated against the Plaintiffs. These acts are plainly unjustifiable, not to mention unconscionable.
“Enough is enough. Defendants should be ordered to account for and pay Plaintiffs all the money they are owed, and to compensate for their acts of self-dealing and other corporate misfeasance.
“The Court should also enjoin Defendants from further misuse of the trademarks and other assets of the Cheap Trick Companies, and grant other appropriate relief.”
