A $1.8 million-dollar suit against San Francisco Bay Area metallers MACHINE HEAD, their manager Joseph Huston, record label Nuclear Blast, and current bassist Jared MacEachern filed by the band's former bassist Adam Duce (pictured) was settled out of court yesterday (Wednesday, July 2). The terms of the deal remain confidential, but both sides were able to reach a satisfactory agreement.
All claims in the dispute have been dropped against all parties named, including but not limited to the $800,000 claim against the band for breach of fiduciary duty and interference with prospective economic advantage, as well as the $1,000,000 defamation claim against MACHINE HEAD singer/guitarist Robb Flynn regarding a blog he posted on the band's official web site and associated social-media sites.
The settlement between MACHINE HEAD and Duce was mediated by Gail Migdal Title, with the litigation team for MACHINE HEAD handled by Kari Keidser, Dawn Coulson and Randall Rich of Epps & Coulson, along with longtime MACHINE HEAD entertainment lawyer Scott Harrington.
In his original complaint, Duce claimed that MACHINE HEAD's 2009 tour, which included dates with METALLICA, grossed more than $2 million. A 2012 Europe tour grossed more than $3 million, he claimed.
Flynn wrote about Duce's departure in a "diary entry" on MACHINE HEAD's web site by "directly attacking plaintiff's work ethic," Duce said in the complaint.
Duce claimed that no agreement was ever made about his share of future royalties and profits. He said the other bandmembers "simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the Band." Duce also said his likeness was used on the band's web site and in promotions without his authorization.
MACHINE HEAD will embark on the "Killers & Kings" tour in the U.S. on July 8, with support from ANTI MORTEM.
MACHINE HEAD's eighth album — the group's first with MacEachern — will be released in November via Nuclear Blast.
MacEachern made his live debut with MACHINE HEAD on June 24, 2013 in Spokane, Washington.
Adam Duce photo above courtesy of FaceCulture.nl