Hawthorne Battle, Round XII

Victory Records dismissed, then re-filed, its lawsuit against Virgin Records and parent company EMI Music in its legal fight involving Hawthorne Heights with additional allegations, seeking millions in damages.

Robert Meloni, Victory’s attorney, filed the lawsuit January 14th in federal court in New York. The Chicago-based label and owner Tony Brummel are seeking $10 million in compensation and $25 million in punitive damages, according to the suit.

Meloni told Pollstar the November 2006 lawsuit filed in Chicago was voluntarily dismissed by both parties with the stipulation that Victory had the right to re-file it.

The lawsuit still accuses Virgin/EMI of tortious interference regarding Hawthorne Heights’ contract and alleges Virgin execs Jeff Kempler and Jason Flom manipulated the flagship act into severing ties with Victory while still under contract.

But this time the suit claims Virgin execs were behind Hawthorne Heights’ 2006 lawsuit against the indie label claiming fraudulent accounting practices, among other charges.

"Virgin/EMI went so far as to pay $55,000, which the band used to fund the initial phase of a 2006 lawsuit against Chicago-based Victory, and also assisted Hawthorne Heights in its search for a music-industry litigator," the suit claims.

However, Virgin/EMI attorney Andy Bart told Pollstar the new filing doesn’t change a thing.

"Basically this arises from the fact that Virgin signed a conditional option deal with Hawthorne Heights providing that Virgin had the right to negotiate certain agreements … and Virgin was convinced that such agreements wouldn’t violate the rights of any other party," Bart said. "But Virgin never negotiated those agreements, we never signed the band, we never recorded with them.

"Since the dismissal in Chicago, Virgin hasn’t had any dealings whatsoever with Hawthorne Heights. But nonetheless here we are nine months later and [Victory’s] filing the same claim in New York."

The two companies have been engaged in a legal battle since band members Eron Bucciarelli-Tieger, Micah Carli, Matt Ridenour, JT Woodruff and the late Casey Calvert filed the lawsuit against Victory and Brummel in August 2006. Victory countersued for breach of contract and libel and the fight was on.

A Chicago judge ruled last March that Hawthorne Heights was free to record albums with other labels while still honoring its contract with the indie label, so Victory appealed. That case is still in litigation.