Drummer Bun E. Carlos is suing his fellow Cheap Trick bandmates for money he says he is rightfully owed.
According to Chicago’s Courthouse News Service, Carlos (real name Brad Carlson) along with the band’s manager, David Frey, filed a lawsuit in an Illinois court against the three other members of the band–Richard Nielson, Thomas Peterson and Robin Zander–for their “outright refusals to account for, or pay, hundreds of thousands of dollars which are owed to each of the plaintiffs.”
Though Carlos stopped touring with the band back in 2010, the lawsuit claims that according to an agreement all four members signed he is still considered a full-time member of Cheap Trick and is entitled to money made by the band. This includes “all remuneration that would have been paid to him had he fully performed at all of the live performances,” according to court documents.
Carlos, who formed the band back in 1973, claims the other members of the band have failed to honor the agreement, specifically citing the band’s refusal to let him partake in activities such as recording a new album and “participating in the management and operations of the Cheap Trick Companies.”
The drummer’s fight with his band started last year after Cheap Trick released the song “I Want You For Christmas” on A Very Special Christmas 25th Anniversary without him. Carlos told Billboard that he was confused about the snub. “I’m a full member of Cheap Trick in all respects,” he said. Carlos continued by telling the publication, “The other members have never seriously talked to me about my leaving the band permanently,” but made it clear, “Tom, Rick, and Robin simply can’t make a recording without me and call it Cheap Trick.”
Carlos is seeking accounting and punitive damages for breach of contract, trademark infringement, false designation of origin, false advertising, unfair competition and breach of fiduciary duty.
The other members of Cheap Trick have yet to respond to the lawsuit.
This is the”Surrender” band’s second suit of the year. All four members, including Carlos, are suing the Ottawa Bluesfest over a stage collapse during their July 2011 performance.