A lawsuit brought against metal band MEGADETH and the band's frontman DAVE MUSTAINE by former bassist DAVE ELLEFSON has been thrown out by a New York Court.
Ellefson filed a claim last year (JUL04) alleging he was owed a greater share of the SKIN O' MY TEETH rockers' royalties than he had been paid.
US District JUDGE NAOMI REICE BUCHWALD ruled earlier this month (13JAN05) that Ellefson's claim had no foundation, stating he had already made a valid settlement agreement with the band last year (MAY04).
Ellefson claimed in his legal documents the settlement agreement was unenforceable, but Judge Reice Buchwald did not agree.
Megadeth's lawyer CHARLES J HARDER said in a statement, "This lawsuit should never have been brought. The federal court has now confirmed that Dave Ellefson's claims against Megadeth and Dave Mustaine are completely unfounded.
"The court's ruling confirms that Ellefson had no business trying to get more money from the band by filing a frivolous lawsuit."25/01/2005 17:36