Courthousenews.com have gotten their hands on the lawsuit filed against Korn by their ex-drummer David Silveria. Silveria filed the suit under his attorney James Bryant and is seeking accounting for the bands revenue from 2006. He is also seeking damages for breach of a partnership agreement he claims that he and the founding members of the band entered into and wants an order dissolving the partnership after his receiving his due.
According to Silveria said partnership was formed shortly after the recording of the bands self-titled debut, in which they agreed to share equally in the bands earnings and losses, as well as its trademarked name. Silveria cites further deals with EMI and LiveNation that allegedly netted the group a combined $25 million.
According to the suit, Silveria‘s 2006 departure from the band was a ‘temporary hiatus’:
“Despite Silveria‘s temporary hiatus as Korn‘s drummer, Silveria always intended on returning to the band, and under no circumstances did Silveria ever relinquish or abandon his ownership interest in the Korn Partnership, which entitled him to his percentage interest in profits derived from partnership assets.”
Silveria also alleges that guitarist Brian “Head” Welch retained a similar partnership interest, despite his absence from the band between 2005-2013. In regards to Silveria‘s attempts to return in 2013, the suit reads:
“In or around summer of 2013, primed and ready to make music once again, Silveria personally reached out to Shaffer, Arvizu, Davis and Welch via video message, expressing his desire to return to the band in order to reunite all founding members of Korn, and to set aside any old grudges that may have existed in the past.”
The band are said to have replied to Silveria via manager Peter Katsis, refusing his request. Silveria then went on to make a series of public comments which he had hoped would drum up public support to secure his return to the group. The suit said of the rejection:
“Silveria was extremely disappointed that his business partners and former bandmates would refuse to allow him to return to a band that he helped build, even though a few months prior the band allowed Welch to return. Silveria‘s disappointment was exacerbated by the fact that despite personally reaching out to each of his former bandmates, he received the news of the band’s decision through Katsis.”
Silveria eventually relented with his quest to rejoin the band, but was then denied a demand to look at the books for the band and be released the money owed to him via the partnership capital account. The suit said of this:
“Through the use of the Korn Partnership property and Silveria‘s share of the partnership property, the Korn Partnership has obtained significant professional and commercial success. Despite excluding Silveria from all aspects of the partnership business, as a result of failing to respond to Silveria‘s requests, Davis, Arvizu, Shaffer and Welch have not compensated Silveria for his interest in the partnership property, brand or good will, or his individual property interest in the Korn trade name, trademark or service mark.”
