News•January 20, 2014 4:20 PM ET•7,111 views
Machine Head sued by ex-bassist Adam Duce
Nearly a year ago Machine Head fired bassist and co-founder Adam Duce. But Duce is now fighting back. According to Courthouse News Services, Duce has sued the band in Federal Court for trademark infringement, breach of partnership, and defamation, among other claims. "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. In 2009, Machine Head toured with Metallica in Europe, reportedly grossing more than $2 million. A 2012 Europe tour allegedly grossed more than $3 million (these figures are stipulated in the complaint). "After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston [band manager], Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of 'expenses,'" reads the complaint. Court House News elborates:
Huston and the band's management companies received a percentage of the band's gross income, but the band members were not receiving "an income commensurate with the work put in and the income earned," according to the complaint. "Despite plaintiff's expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser," Duce says. On Feb. 11, 2013, as the band was seeking a new record deal, "Flynn, Huston, and the rest of the Band 'fired' plaintiff - expelling him from the band after he put 21 years of his life into it," Duce says. Duce believes he was fired just before the deal was completed with defendant Nuclear Blast America to allow the other band members to make a bigger profit.You can read the full report here.