Slash, Duff Sue Axl Over Guns N' Roses Publishing Royalties

[Sterlingdog]

I assume that since Slash and Duff are claiming that Axl kept the money maliciously, that they are keeping the lawsuit so they can collect punitive damages...in other words, to punish him.

[dave-gnfnr2k]

I assume that since Slash and Duff are claiming that Axl kept the money maliciously, that they are keeping the lawsuit so they can collect punitive damages...in other words, to punish him.

Yeah but since the company that did it and Axls lawyer said Axl didnt know then they have no leg to stand on. Axl did not even cash the check if I remember correctly. So what proof do Slash and Duff have? The minute Axl found out he returned it. This just proves how bitter slash and duff are.

[Sterlingdog]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.  Maybe they are going to wait until after the first lawsuit settles before moving on the second one.  Or they might still think they have a case.  They will just say that Axl did know what he was doing and only gave the money back because he got caught. 

[dave-gnfnr2k]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.? Maybe they are going to wait until after the first lawsuit settles before moving on the second one.? Or they might still think they have a case.? They will just say that Axl did know what he was doing and only gave the money back because he got caught.?

And how is that possible since  ASCAP admited it was their error?

[Sterlingdog]

And how is that possible since ASCAP admited it was their error?

They did?  I must have missed that.  I know Axl's attorney said it was a clerical error, but I hadn't heard a statement from ASCAP saying that it was true. 

[Falcon]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.?

What would lead you to believe that?

Maybe they are going to wait until after the first lawsuit settles before moving on the second one.?

I think you might be onto something there.

Or they might still think they have a case...

They definately seem to think they have a case, no matter whose fault it was the fact remains they didn't get their royalties on time and someone has to be accountable.? I'm very interested to see how long the funds were in Axl's financial handlers possession before they were sent back to ASCAP and why ASCAP hasn't issued a statement.? An educated guess would say ASCAP is keeping quiet to avoid any possible liabilities.

[dave-gnfnr2k]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.?

What would lead you to believe that?

Maybe they are going to wait until after the first lawsuit settles before moving on the second one.?

I think you might be onto something there.

Or they might still think they have a case...

They definately seem to think they have a case, no matter whose fault it was the fact remains they didn't get their royalties on time and someone has to be accountable.? I'm very interested to see how long the funds were in Axl's financial handlers possession before they were sent back to ASCAP and why ASCAP hasn't issued a statement.? An educated guess would say ASCAP is keeping quiet to avoid any possible liabilities.

Or they are keeping quiet because they dont  know how greedy and sue happy slash and duff are and thought it was over when the fixed the error.

[Sterlingdog]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.?

What would lead you to believe that?

Human nature.  They issued a pretty forceful statement against Axl.  Now to have say "oops" and back down probably isn't something they want to do.

[Falcon]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish.?

What would lead you to believe that?

Human nature.? They issued a pretty forceful statement against Axl.? Now to have say "oops" and back down probably isn't something they want to do.

I doubt they'll back down, they may be trying to show a pattern of malicious behavior that could possibly help them on down the line in the other lawsuit as well.? The amount of time Axl's financial people had the check before remitting back to ASCAP will be very telling.

Just speculating of course..

[killingvector]

i wouldn't be surprised if the second suit is dropped if S&D don't get a clear cut win in the first suit.

[jameslofton29]

Dave, Slash and Duff "sue happy"? Thats fucking hilarious! What would you call Axl? He's lived inside of a lawsuit for the past 12 years.

[ppbebe]

Personally, I think Slash and Duff's lawyers are trying to find a way out of it gracefully, without looking too foolish. 

What would lead you to believe that?

Human nature.  They issued a pretty forceful statement against Axl.  Now to have say "oops" and back down probably isn't something they want to do.

Amen.

What they assert Axl to be guilty of in the statement is, so to speak, what they attempted to do on Axl in the other suit originally. Bloody hell.

[AxlGunner]

.... a settlement was NOT reached between the two parties...

Very true, not as of yet at least.?

The fact of the matter is Slash and Duff did not receive their royalties in a timely fashion and whomever is responsible for that is the party at fault and should be held accountable if a settlement is not reached.?

Miskel told us, "The money was returned to ASCAP."

Sure enough!? I guess this case brought Sn D's side no credit. Again, haste makes weste.

Does anyone know how soon the monies were sent back to ASCAP for redistribution?? Obviously not in a timely enough manner to prevent the lawsuit, or so it seems.

There's two scenarios, either Axl's financial people sat on the royalties or ASCAP failed to hand over the former members cash once it had been returned.?

Either way, I would bet if a settlement is not agreed, one of the 2 parties (Axl/ASCAP) will be paying Slash and Duff's legal fees and court costs, not to mention interest penalties on the royalties not received.

No they wont, if anything slash and duff will be paying the fees since they brought a case to court they did not have to be. Also it was paid back as no loss to slash or duff and yet they are still wasting their own legal fees. You really think a judge is going to give slash and duff legal fees on a case that they dont have to keep going on?? The settlement was reached, they got their money but they have not dropped the case. Like I keep sayign the court will frown upon this since they dont like their time? being wasted when it does not have to be.

Also I love how you keep doding my questions about slash, duff and their lawyer.

seriously man, you have no comprehension of the law. a settlement was NOT reached between the two parties. this isn't about the money now, it's about control of the music.

jesus, settle down and grow up.

Wrong you need to learn the law. This suit was because slash and duff claimed that Axl took all the royalty money. The first suit from earlier in the year was about the control of the music. Slash and Duff cannot sue axl in two different suits for the same thing.? This whole suit was because of royalties, it was a simple error and slash and duff got their money and the funds straighened out thus it was settled, but slash and duff are greedy and have not moved on thus are keeping the suit going.
Again axl sold his shares to sact not slash and duffs.

THERE WAS NO LEGAL SETTLEMENT!

JESUS CHRIST...

[Falcon]

THERE WAS NO LEGAL SETTLEMENT!

JESUS CHRIST...

Nope, nothing as of yet.

Still quite a few questions to be answered before this one goes away.

[Eva GnRAxlRosette]

*shakes head*

the more I hear, the more I believe that S&D's continued legal action against Axl is just plain spiteful & malicious... 

the first suit challenges Axl's publishing rights....

this suit was supposed to be about royalties...  now, it's sole remaining purpose is to again, challenge Axl's pubishing rights.

*shrugs*

they just wanna keep the man bogged down in legal shit...

fuckers

[Falcon]

they just wanna keep the man bogged down in legal shit...

Do you honestly believe their sole motivation is to keep him down?

[Jim Bob]

they just wanna keep the man bogged down in legal shit...

Do you honestly believe their sole motivation is to keep him down?

well i think they want to suck him dry for everything they can, and they are just pissed off he wouldn't sign away for that black hawk down licensing.  but it could have just as easily been the other way around, axl wanted to use it, slash or duff didn't, and it wouldn't have been used.  how is he fucking them?  so yes, slash and duff are greedy, and yes they are bitter so they intend to keep him and the GNR name bogged down in court for as long as they can.

[madagas]

You guys are slightly off on this one. It is not just about the royalty payments. It looks/sounds like they are challenging Axl's publishing deal with Sanctuary-maybe songs were included that he did not have rights to. The first problem is we DON'T HAVE THE COMPLAINT! We don't know what the EXACT counts/allegations are. Second, we don't have the details/contract of Axl's publishing deal. We are basing our judgements off a newspaper article, a brief press release from Sanctuary on the publishing deal, and some flippant remarks by full of shit attorney's. I imagine it was too late to amend the complaint in the first suit to add these counts so they just filed another lawsuit. Basically, the first suit is about the partnership and seeing who controls it and the second suit is about the publishing. I personally doubt they will be dropping anything until ALL issues are resolved-in both suits. It really dumbfounds me that this thing can't be settled. 

[makane]

All publicity is good publicity, for both sides 
Hopefully the guys can someday get into somekinda settlement and leave each others asses alone(or together  )

[ppbebe]

madagas, Hey stranger!  Nice to hear your great comeback rant! You had a nice vacation?

This suit was because slash and duff claimed that Axl took all the royalty money. The first suit from earlier in the year was about the control of the music. Slash and Duff cannot sue axl in two different suits for the same thing.

That reminds me.

Attention plz? they changed their way of calling the opponent from the first(main) suit. Isn't it noteworthy?

In The first case:
                          "SAUL HUDSON ET. AL. VS. W. AXL ROSE"
Filing Date: 04/29/2004

Michael McKagan p/k/a DUFF an individual individually and on behalf of Guns N? Roses, a California General partnership
SAUL HUDSON p/k/a Slash    an individual
Plaintiffs

vs

W Axl Rose                            an individual and Does 1 through 40 inclusive
Defendants

***************************************************************
Case Type: Contract - Tortious Interference (General Jurisdiction)

Parties

DUFF - Pltf's AKA
HUDSON SAUL - Plaintiff
JOHNSON & MISKEL - Attorney for Plaintiff
KATTEN MUCHIN ZAVIS & ROSENMAN - Attorney for Plaintiff
MCKAGAN MICHAEL - Plaintiff

ROSE PROSKAUER - Unknown party type
ROSE PROSKAUER - Attorney for Defendant
ROSE W. AXL - Defendant

Parties BRAVADO INTERNATIONAL GROUP (Sanctuary)? Defendant (added  from July 12, 2005?)



In this case:
Filing date 17/ 08/2005

Office: Western Division - Los Angeles
Filed: 08/17/2005
Jury Demand: Plaintiff
Demand:
Nature of Suit: 820
Cause: 17:0101 Copyright Infringement
Jurisdiction: Federal Question
Disposition:
County: Los Angeles
Terminated:
Origin: 1
Reopened:

Lead Case: None
Related Case: None Other Court Case: None
Def Custody Status:
Flags: (PLAx), AO279, DISCOVERY

Plaintiff Saul Hudson represented by Tiffany Hofeldt Phone: 310-788-4400

Plaintiff Saul Hudson represented by Glendon W Miskel Phone: 415-332-0222

Plaintiff Saul Hudson represented by Zia F Modabber Phone: 310-788-4400

Plaintiff Saul Hudson represented by Joel R Weiner Phone: 310-788-4400
Email: joel.weiner@kmzr.com

Plaintiff Michael McKagan represented by Tiffany Hofeldt Phone: 310-788-4400

Plaintiff Michael McKagan represented by Glendon W Miskel Phone: 415-332-0222

Plaintiff Michael McKagan represented by Zia F Modabber Phone: 310-788-4400

Plaintiff Michael McKagan represented by Joel R Weiner Phone: 310-788-4400
Email: joel.weiner@kmzr.com

Plaintiff Guns N Roses represented by Tiffany Hofeldt Phone: 310-788-4400

Plaintiff Guns N Roses represented by Glendon W Miskel Phone: 415-332-0222

Plaintiff Guns N Roses represented by Zia F Modabber Phone: 310-788-4400

Plaintiff Guns N Roses represented by Joel R Weiner Phone: 310-788-4400
Email: joel.weiner@kmzr.com

Defendant William Bailey
Defendant Black Frog Music
Defendant Kobalt Music Publishing America Inc
Defendant Kobalt Music Services America Inc
Defendant Kobalt Songs Music Publishing
Defendant Does

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08/17/2005 1 COMPLAINT against defendants William Bailey, Black Frog Music, Kobalt Music Publishing America Inc, Kobalt Music Services America Inc, Kobalt Songs Music Publishing.(Filing fee $ 250) Jury Demanded. , filed by plaintiffs Guns N Roses, Saul Hudson, Michael McKagan.(rrey, ) (Entered: 08/19/2005)

08/17/2005 20 Day Summons Issued re Complaint - (Discovery)[1] as to William Bailey, Black Frog Music, Kobalt Music Publishing America Inc, Kobalt Music Services America Inc, Kobalt Songs Music Publishing. (rrey, ) (Entered: 08/19/2005)

08/17/2005 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Guns N Roses, Saul Hudson, Michael McKagan. (rrey, ) (Entered: 08/19/2005)

08/17/2005 REPORT ON THE FILING OF AN ACTION REGARDING COPYRIGHT (cc: form mailed to Washington, D.C.) (Opening) (rrey, ) (Entered: 08/19/2005)

08/17/2005 FAX number for Attorney Tiffany Hofeldt, Zia F Modabber, Joel R Weiner is 310-788-4471. (rrey, ) (Entered: 08/19/2005)

08/18/2005 3 STANDING ORDER by Judge Consuelo B. Marshall. Read This Order Carefully. It Controls Procedures Used in This Case.(pbap, ) (Entered: 08/22/2005)