PAPA ROACH Sued By Ex-Drummer

December 12, 2008

TMZ.com reports that former PAPA ROACH drummer David Buckner has filed a lawsuit (.PDF file) against the band claims the band has been raking in hundreds of thousands — at least — in his absence, and not giving him his proper cut. Buckner also says his relationship with his ex-bandmates has become "strained and antagonistic." According to the complaint, "On or about December 24, 2007, [Jacoby] Shaddix [lead vocals], [Jerry] Horton [guitar] and [Tobin] Esperance [bass], among others, advised Buckner that they no longer considered him a regular performing member of the Group. Beginning in advance of that date and to the present, Shaddix, Horton and Esperance, together with the Group's professional representatives, have exercised dominion and control over the affairs of the Group and its various business entities. They have assumed sole possession and control of the business and assets of the Group, including its name, trademark, logo, goodwill, contractual entitlements, and the copyrights to its sound recordings and musical compositions, and have controlled, operated and conducted the same to the exclusion of Buckner, without making a fully accurate and complete accounting to him, and without paying him his share of income and other proceeds from the Group's activities, in violation of their fiduciary and contractual obligations to him."

PAPA ROACH in early 2008 officially welcomed ex-UNWRITTEN LAW drummer Tony Palermo into the lineup. Palermo replaced Buckner last year after Buckner went down with "substance abuse issues." Although the band made Buckner's departure permanent a few months earlier, PAPA ROACH singer Jacoby Shaddix told The Pulse of Radio in April 2008 that things were good with his old "friend." "Dave's doing really well," he said at the time. "I saw him like two weeks ago at my kid's birthday party, he came up and hung, so we're still friends. It's just, it's tough, you know. I told him, I was like, 'Man, I miss you. I miss you to death, Dave,' you know, and it is tough, but we both know that we're all doing the right thing. That helps, so there's not really, there's no bad blood there."

David Buckner on "Cribs":

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