Ex-Machine Head Star Sues Band

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January 20, 2014 | 8:50pm EST

Former Machine Head rocker Adam Duce is suing the band for breach of agreement.
The bassist, who was fired from the group a year ago, is also alleging trademark infringement, among other things.
He claims he was kicked out of Machine Head after two decades so his bandmates could make a bigger profit from a new deal with Nuclear Blast Entertainment.
His suit reads: “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 (manager) Joseph W. Huston, (frontman Robert) Flynn, and PFM (Provident Financial Management) had squandered money… without consulting plaintiff for the vast majority of expenses.
“Despite their increase in popularity and touring revenue, (Duce) became concerned with how little income he was receiving, despite the time and hard work put in to developing the band… Though he expressed these concerns to Flynn, Huston, and PFM, (Duce) was never satisfied with the answers he received.”
He maintains he had to take a job as a real estate appraiser in between tours just to make ends meet.
The suit continues: “After (guitarist) Ahrue Luster left the band and was replaced by Phil Demmel, MACHINE HEAD continued as a partnership in which all four members… held equal 25% shares in MH from approximately late 2002 until February 2013.
“While early on, each of the partners had equal rights in the management and conduct of MH business, Flynn, with the help of Huston, began making unilateral decisions without involving the other partners, essentially usurping control of the partnership.”
The suit suggests Duce’s bandmates “wrongfully and intentionally conspired to expel and then did expel him from the band prior to signing the new record deal in an attempt to preclude him from enjoying the profits of the new record deal.”
The complaint concludes, “As a direct, proximate result of these actions, (Duce) has been damaged in an amount to be proven at trial, but in any event in excess of $800,000 .”