The legal battle between Cheap Trick and former drummer Bun E Carlos is to continue after a judge rejected the band’s attempts to end it.
Carlos, real name Brad Carlson, launched a lawsuit last year, claiming that Rick Neilsen, Tom Petersson and Robin Zander had forced him out of the band’s company and withheld his share of profits, even though they had a contractual understanding in place.
He says they agreed in 2010 that he would stop appearing live with Cheap Trick while remaining a full member with all the voting rights of his colleagues. He was replaced on stage by Neilsen’s son Daxx.
In 2012 Carlos spoke of his shock after the band recorded a track without him, saying: “I’m a full member of Cheap Trick in all respects. The other members have never seriously talked to me about leaving the band permanently.” His lawsuit followed the next year as their relationship broke down further.
In Northern District of Illinois Court last week, the band asked for five of Carlos’ 11 complaints to be dismissed. They argued that the drummer’s paperwork wasn’t specific enough, and therefore couldn’t be used as the basis of legal action.
But District Judge Robert M Dow disagreed, saying Carlos’ allegations were “explicitly alleged,” and ruled that another hearing should take place in December.
The original lawsuit against Cheap Trick said: “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.”