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.