Cheap Trick have filed a countersuit against Bun E. Carlos in response to court action brought last month by their original drummer.
Bloomberg reports the band is claiming Carlos was properly ousted as a director of corporations overseeing the band’s tours and merchandising.
Band members Richard Nielsen, Thomas Peterson and Robin Zander contend in the Delaware Chancery Court lawsuit that former drummer Brad Carlson (Bun E. Carlos) was ousted from the group when he stopped touring with the band and that left him subject to removal as a corporate director without a unanimous shareholder vote.
“Since March 2010, Carlson has not performed with the band as a touring musician,” the group said in the suit, filed August 31 in state court in Wilmington, Delaware. “The plaintiffs were (and are) free to decide that the defendant is no longer a member of the band.”
Guitarist Rick Neilsen’s son, Daxx, has been handling drum duties for Cheap Trick since 2010.
The Delaware suit comes more than a month after Carlson sued his former musical colleagues in federal court in Chicago over his ouster. Carlson and David Frey, the group’s former manager, contend Cheap Trick’s current members owe them hundreds of thousands of dollars in compensation under various agreements.
Lawyers for the current band members said they sued in Delaware to get a quick resolution of the question of whether Carlson was properly removed as a corporate director.
“While the dispute at issue in the Illinois Federal Action overlaps with the dispute at issue in this action, a prompt resolution of the corporate governance dispute is needed and the Illinois Federal Court is not in a position to provide that expedited relief,” the band’s attorney said.
Read up on Carlos’ lawsuit here.
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