Dixieland Delight Of A Lawsuit
While Alabama’s farewell tour may have ended in 2003, that doesn’t mean all scores have been settled between the band as drummer Mark Herndon is now being sued by his bandmates, who claim he was overpaid $202,670 for his share of net merchandise sales.
The merch sales in question stem from the band’s "American Farewell Tour," the last time Herndon and the other three members of Alabama – Teddy Gentry, Randy Owen and Jeff Cook – performed together.
The lawsuit, which was filed May 9th, seeks to recover the funds, as it claims Herndon was paid out before a final accounting was done.
The final accounting found "there were no net merchandise revenues as defined by the contact," according to the suit, which names The Group Alabama as the plaintiff.
Alabama requests, per the lawsuit, that any future earnings owed to Herndon be withheld until the $202,670 is repaid in full.
Herndon’s share of earnings includes the payment of $65,047 the drummer has demanded, which represents his share of an advance against anticipated sales of The Last Stand, a live album recorded during the farewell tour and sold by Cracker Barrel restaurants.
Despite the lawsuit, the band members managed to put aside their differences for the day to be honored with the unveiling of a group of bronze statues in Fort Payne, Ala., June 7th.