A Day to Remember’s Lawsuit Completes; Band Awarded $4 Million Verdict

A Day to Remember

Law 360 is reporting that A Day to Remember has been freed from their Victory Records’ contract and awarded a $4 million verdict.

An Illinois federal jury released Florida-based rock band A Day To Remember from a 2006 recording contract Tuesday, finding that the band had fulfilled the five-album deal and awarding its members $4 million in withheld proceeds from music and merchandise sales.

Following a two-week jury trial and a day and a half of deliberations, an eight-person jury returned a multipage verdict that largely favored the band, also known by the initials ADTR, in a legal dispute against record label Victory Records Inc. that began in 2011.

Rolling Stone Found Liable in Suit Arising From Retracted Rape Story

Rolling Stone

Tyler Kingkade, writing for Buzzfeed:

A jury in federal court ruled Friday that Rolling Stone and one of its reporters defamed a University of Virginia administrator in an article about campus rape.

Nicole Eramo sued Rolling Stone, reporter Sabrina Rubin Erdely and Wenner Media over a November 2014 article about sexual assault at the University of Virginia and statements the reporter made promoting the article. Eramo was a dean in charge of handling sexual assault reports at the university, and argued that she was unfairly cast as the “chief villain” in a story that purported to suggest administrators like her tried to keep rape cases under wraps.

Tim Lambesis Filed a $35 Million Lawsuit Against Medical Team

Legal

Graham Hartmann, writing at Loudwire, on how ex-As I Lay Dying frontman Tim Lambesis has filed a $35 million lawsuit against a California medical team:

In a legal document filed by Lambesis’ representatives, Tim claimed “a nurse, doctor, and psychiatrist at the San Diego County Sheriff Department’s Vista Detention Facility and George F. Bailey Detention Facility acted with deliberate indifference to his serious medical needs in May and June 2014 by denying him medication which had been prescribed for him prior to his incarceration.” According to a separate document on CaseText, that medication is revealed to be anastrozole, which was prescribed to Lambesis to combat side effects of withdrawal from anabolic steroids.

Tim Lambesis remains incarcerated for attempting to hire a hitman to murder his estranged wife.

Kraftwerk Lose German Hip-Hop Copyright Case

Legal

Kraftwerk have lost a copyright case in Germany’s highest court, the BBC reports:

Kraftwerk’s Ralf Hutter sued Moses Pelham, alleging that his use of the clip, without asking, infringed the band’s intellectual property rights. But the German Constitutional Court decided that the impact on Kraftwerk did not outweigh “artistic freedom”.

The dispute centres on a short drum sequence looped repeatedly in the song Nur Mir (Only Me) by Sabrina Setlur.

Five Finger Death Punch Being Sued by Label

Legal

TMZ is reporting that Five Finger Death Punch are being sued by their own record label.

Five Finger Death Punch is trying to crank out new songs before its lead singer ends up in rehab — or worse — but that haste is making for some really crappy music, according to their own record label. Prospect Park filed a lawsuit against the heavy metal rockers, saying the band is “shamelessly attempting to cash in before the anticipated downfall of their addicted bandmate.”

The band has responded:

Prospect Park has chosen to sue us, hold us for ransom and squeeze extra money out of its contract rights by attempting to sell an interest in future recordings. What’s worse is that Prospect Park very deliberately filed their meritless lawsuit the same week we are trying put our fall co-headlining arena tour on sale.

Kanye West and TIDAL Exclusively Sued

Kanye West

A man in San Fransciso is suing Kanye West and TIDAL for fraudulently claiming that the artist’s new album, The Life of Pablo, would be available exclusively on the service.

“We fully support the right of artists to express themselves freely and creatively, however creative freedom is not a license to mislead the public,” Baker-Rhett’s attorney Jay Edelson wrote in a statement. “We believe that we will be able to prove to a jury that Mr. West and Tidal tricked millions of people into subscribing to their services and that they will ultimately be held accountable for what they did.”

Steve Klein Arraigned in San Luis Obispo Court

Legal

Idobi has learned and reported that Steve Klein (ex-New Found Glory) was “arraigned (on December 12, 2013) in a San Luis Obispo court on multiple charges, including lewd conduct with a minor under the age of 14” and has pleaded not guilty.

UPDATE • March 12, 2014

We have received the following statement from Steve Klein’s (ex-New Found Glory) attorney.

It is a difficult challenge to defend oneself in the media when there is a pending criminal case. This is because people are quick to assume that if a person is charged with a crime, they are also guilty as charged. And it is especially difficult because criminal defense attorneys insist that their clients not talk about the case to ensure that their constitutional rights are protected. Furthermore, attorneys are limited by law as to what can and cannot be said about a case to the public. 

In the matter of Steve Klein, since his case has now been brought into issue by the media, I am permitted to make a few statements. To that effect, I offer you the following indisputable facts about the accusations:

1. Steve Klein is not accused of having any lewd actual physical contact with any minor. 

2. ALL charges against Steve are derived solely from online consensual video chats between Steve and some female strangers he met on an adult website. Steve believed the females were over the age of 18.

3. The females alleged to be “minors” in this case are not known females. This means that no one, not the prosecution, not the police, and not the defense, actually know who the females are and no one knows their true age. 

4. The possession of child pornography charge is based solely on Steve allegedly “possessing” the videos of chats with the female strangers from the adult website. 

This is about all I am permitted to disclose at this time. But I can tell you, from my many years of experience in this specialty area of criminal defense, I wholeheartedly believe that Steve Klein is innocent of all of these charges. 

Steve is devastated by these accusations. He has lost his band, his livelihood, and his ex-wife continues to push for full custody of his children using this case as her pawn while he literally fights for his life. Despite this heavy hand, Steve remains strong and hopeful that he will be vindicated.

UPDATE • Mar 12, 2014

New Found Glory have posted the following update:

Upon our return from Warped Tour Australia, Steve made us aware of possible allegations that might be made against him. At that point, not knowing all the details, we made the decision to part ways in order for him to deal with these personal issues. Us 4 members of New Found Glory have given our entire lives to this band and will continue to do so. We’ve been able to play all over the world for the most amazing fans. We can’t wait to get in the studio to make a new album and we can’t wait to get back on the road! Just coming off the Parahoy cruise and a surprise show in our hometown we are more inspired than ever! Thank you so much to everyone around the globe for always sticking by us. The future is bright.

This article was originally published on AbsolutePunk.net