Ex-MEGADETH Bassist Files Notice Of Appeal In Connection With DAVE MUSTAINE Lawsuit

January 25, 2005

Former MEGADETH bassist David Ellefson's attorney, Randall Jacobs, has filed a notice of appeal in connection with a suit filed by Ellefson against MEGADETH singer-guitarist Dave Mustaine, a co-founding member of the metal band, and the group's corporate entities, according to the Hollywood Reporter.

The suit, filed in July 2004, alleged that Ellefson was entitled to a greater share of the band's profits than he was paid (see previous BLABBERMOUTH.NET stories: Story#1, Story#2). U.S. District Judge Naomi Reice Buchwald of New York, N.Y., ruled on January 13, 2005 that Ellefson has no valid claims against MEGADETH, Dave Mustaine or anyone else, holding that Ellefson had entered into a valid settlement agreement with the band in May 2004, and released all of his claims in that agreement. Ellefson alleged in his suit that the settlement agreement was unenforceable — a claim the federal court soundly rejected.

"This lawsuit should never have been brought," stated MEGADETH's attorney Charles J. Harder of Lavely & Singer in Los Angeles.

"The federal court has now confirmed that Dave Ellefson's claims against MEGADETH and Dave Mustaine are completely unfounded. The court's ruling confirms that Ellefson had no business trying to get more money from the band by filing a frivolous lawsuit." The band's managers Kevin Gasser and John Dee said, "We could not be happier with the result." Dave Mustaine has declined to comment.

A countersuit filed by Mustaine in California Superior Court against Ellefson remains pending.

Find more on

Prev More News Next

Comments Disclaimer And Information

BLABBERMOUTH.NET uses the Facebook Comments plugin to let people comment on content on the site using their Facebook account. The comments reside on Facebook servers and are not stored on BLABBERMOUTH.NET. To comment on a BLABBERMOUTH.NET story or review, you must be logged in to an active personal account on Facebook. Once you're logged in, you will be able to comment. User comments or postings do not reflect the viewpoint of BLABBERMOUTH.NET and BLABBERMOUTH.NET does not endorse, or guarantee the accuracy of, any user comment. To report spam or any abusive, obscene, defamatory, racist, homophobic or threatening comments, or anything that may violate any applicable laws, use the "Report to Facebook" and "Mark as spam" links that appear next to the comments themselves. To do so, click the downward arrow on the top-right corner of the Facebook comment (the arrow is invisible until you roll over it) and select the appropriate action. You can also send an e-mail to blabbermouthinbox(@)gmail.com with pertinent details. BLABBERMOUTH.NET reserves the right to "hide" comments that may be considered offensive, illegal or inappropriate and to "ban" users that violate the site's Terms Of Service. Hidden comments will still appear to the user and to the user's Facebook friends. If a new comment is published from a "banned" user or contains a blacklisted word, this comment will automatically have limited visibility (the "banned" user's comments will only be visible to the user and the user's Facebook friends).