Megadeth Suit Dismissed

A New York federal judge has dismissed a lawsuit brought against Megadeth and its frontman/guitarist Dave Mustaine by the band’s former bassist, Dave Ellefson.

The suit alleged that Ellefson was entitled to a greater share of the Megadeth’s profits than he was paid, according to a statement from the band.

U.S. District Judge Naomi Reice Buchwald ruled January 13th that Ellefson had no valid claims against Megadeth, Mustaine or anyone else, holding that the bassist had entered into a valid settlement agreement with the band in May 2004 and released all of his claims at that time, the statement added.

“We’re very happy with the results because it confirms what we have been saying all along, which is that it was a frivolous case to begin with,” Megadeth attorney Charles J. Harder told Pollstar. “Ellefson entered into a settlement agreement with the band and then he tried to pull out of it. Unfortunately, it took a federal judge to tell him that he’s wrong.”

But Ellefson alleged in his suit that the agreement – which essentially gave Mustaine everything in exchange for giving the bassist $100,000 – was invalid because it expired before the offer was accepted. The agreement also stated that Ellefson could never mention again that he was ever in the band, attorney Randall S.D. Jacobs said.

“Mr. Ellefson is preparing to file a notice of appeal and will seek relief from the appellate courts,” Jacobs told Pollstar.

Harder said he doesn’t mind if Ellefson files an appeal, but he is seeking attorney’s fees, which he says his side is entitled to.

“We’re happy to take the fight up there if he feels that’s his only alternative,” Harder said. “But we’re confident we’re going to prevail on appeal.”