About a year ago, Machine Head parted ways with their longtime bassist, Adam Duce. While at the time the split was described as amicable, that seems to not be the case, as it’s been announced that he’s suing the band. According to the Courthouse News, Duce has sued the band and manager in Federal court, claiming trademark infringement, breach of partnership agreement and defamation. Essentially, the suit alleges that while there was a general partnership and a corporation, under which each member was supposed to get 25%, Flynn got a larger portion of their income.
“Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band,” Duce says in the complaint.
Apparently following a European tour with Metallica in 2009 and a 2012 tour in Europe that grossed more than $5 million, Duce reviewed documents that showed Flynn, the band’s manager and their financial management had “squandered money throughout the trip without consulting plaintiff for the vast majority of ‘expenses,'” the lawsuit alleges. Duce’s suit alleges that the band fired him before they signed with Nuclear Blast so that the rest of the band could make a bigger profit. He also says that Flynn’s blog about his departure directly attacked his work ethic, and while he still holds interest in the band’s partnership and company, he hasn’t received any distributions since he was let go from the band.
It’ll be interesting to see how this plays out. While Flynn’s post said that he cried about it and was very emotional, it’ll be interesting to hear what both sides have to say under oath in a courtroom if this suit proceeds.