Friday, April 7, 2023

Check out the details of the Mick Mars lawsuit against his former Mötley Crüe bandmates


That escalated quickly, didn't it? It was just a few months ago that Mick Mars decided to stop touring with Mötley Crüe because of the debilitating disease he's been afflicted with for decades. At the time, perfectly cordial statements were issued by both camps. The kind of PR crap that we've come to expect from a band that signed a "totally binding cessation of touring agreement" in 2014 before literally blowing it up a mere four years later.

Clowns will be clowns, and the Crüe was always more about the show and the lifestyle than it was about the music. But this is where it gets gööd: in his lawsuit, Mick Mars asserts what we've all known for years: most the the Crüe's live show isn't actually live. So in a way, when they said, in true Spinal Tap fashion, that "we shan't play together again", they kept their word.

It's both pathetic and hilarious that these sixty year-old men can't be bothered to actually learn to play these simple songs they claim they wrote. It's not like this is Weather Report. We're talking about fluff like Shout At The Devil, for fück's sake.

Not everything is of interest, unless you're a lawyer. But there are some nuggets in there. Here is my favorite section of the petition, but you can find all the court documents below.

  1. 33. Over the years, Sixx often executed “band decisions” without the consent or even the knowledge of all of his bandmates. In fact, at one point, he maneuvered himself into having a “supervote” in the band, whereby he essentially had a double vote to avoid ties.

  2. 34. The other members have been routinely sent documents with instructions to “sign immediately” (on Friday, at 5:00 p.m.), often with a note that everyone else had already signed, which on many occasions proved to be untrue. 

  1. 35. For most of his professional career, Mars has suffered from Ankylosing Spondylitis (hereinafter “AS”), which is a chronic, inflammatory form of arthritis that mainly affects the spine and pelvis.

  2. 36. Mars was initially diagnosed with the disease when he was 27 years old; the disease has increasingly impaired Petitioner’s movement throughout his life, and has caused him severe chronic pain. This condition and pain led to hip-replacement surgery at the end of 2004.

  3. 37. Over the years, this disease caused Mars’s lower spine to seize up and freeze completely solid, causing scoliosis in his back, and also compressing his spine downward, so that he is now at least three inches shorter than he was in high school. His spine is now completely seized from pelvis to skull, a condition known as “bamboo spine.” He cannot move his head in any direction. The extraordinary amount of inflammation present in Mars’s body also causes tremendous fatigue, so that, among other things, he must sleep over 24 hours after traveling overseas.

    38. During much of the band’s recent tenure, Sixx continually “gaslighted” Mars by telling him that he (Mars) had some sort of cognitive dysfunction, and that his guitar playing was sub par, claiming that Mars forgot chords, and sometimes started playing the wrong songs.

  4. 39. In 2022, Mötley Crüe entered into an agreement with Live Nation to do a U.S. stadium tour with Def Leppard, Poison, and Joan Jett, and later going on to the rest of the world with Def Leppard. Initially, they were to do 12 stadium dates in the U.S.

  5. 40. Before the tour started, Mars advised the band’s management that, as a result of the excruciating pain and other issues related to his AS and the rigors of the road, the U.S. leg of this world tour would be his last tour. He also made it very clear that he was not retiring, and that he would make himself readily available for recording, Vegas (or other locations) residences, and any other band-related activities.

  6. 41. The band’s manager stated that he accepted and understood Mars’s decision, and that everything would be fine. He assured Mars that there would not be any problems, and that the fans would be informed with dignity.

                    42. Although Mars had indicated that the 12 U.S. stadium dates would be his last shows                 while touring, the 12 anticipated shows ultimately expanded to 36 shows, and Mars performed at every single one of them, in constant pain.

                 43. Sixx’s gaslighting came to a crescendo during the stadium tour, when he, knowing that this was Mars’s last tour as a result of his increasingly painful and debilitating AS, and apparently already plotting to force him out of the band and take his shares, repeatedly told Mars that he was playing the wrong chords, and that fans were complaining about his playing.

                44. Astonishingly, Sixx made these claims about Mars’s playing while he (Sixx) did not play a single note on bass during the entire U.S. tour. Ironically, 100% of Sixx’s bass parts were nothing but recordings. Sixx was seen fist pumping in the air with his strumming hand, while the bass part was playing.

                45. In fact, a significant portion of Neil’s vocals were also pre-recorded. Even some of Lee’s drum parts were recordings. Some fans actually noticed that Lee was walking toward his drum set as they heard his drum part begin.

             46. Mars, at times on the tour, did play the wrong chords, but not due to any cognitive dysfunction. He was playing live, and his in-ear monitors were constantly malfunctioning, causing Mars to be unable to hear his own instrument.

               47. The fact is that Mars is rarely mocked or criticized online. He is a quiet member of the group, who shows up to play, and puts his heart and soul into each performance. Conversely, other band members are often criticized online, particularly Neil, who is routinely torn to shreds for, among other things, not remembering the songs.

             48. Mars’s last concert date was September 9, 2022.

          49. Just one month later, and still several months before the world tour was to resume, an attorney purporting to represent MCI and RWC (but who had represented Mars in the past) sent a draft “Separation and Release Agreement” to Mars’s attorney on October 14, 2022. The agreement acknowledged that “Mars is an officer, director, and shareholder of the Mötley Crüeentities,” but erroneously indicated both that “Mars no longer desires to furnish his servicesand perform in the Band,” and “Mars no longer desires to be an officer or director of the Mötley Crüe entities.” The agreement went on the state that “Mars hereby resigns as an officer and director of the Mötley Crüe Entities effective as of October __, 2022 (“Effective Date”).

             50. After 41 years as a founding band member, and shareholder, officer, and director  of all of the Mötley Crüe entities, the agreement provided that Mars’s share in the band’s touring profits was to decrease from 25% to 5% for the remaining portion of the tour, and to 0% for any and all future tours.1

           51. With respect to merchandise, and the name and good will of Mötley Crüe that Mars helped to build over that same period, again the agreement provided that Mars’s share was to be reduced from 25% to 5% for any merchandise using the name “Mötley Crüe,” and/or any related logo, and 0% for any merchandise that named or depicted the guitar player that the band hired to replace Mars on tour, John 5.

         52. In exchange for this reduction from 25% to 5%, “Mars shall be deemed to have transferred any and all right, title or interest he may have in any of the income, assets, tradenames, and/or goodwill of the Band to Mötley Crüe, Inc., so that Mars shall have no right, title or interest in any of the income, assets, tradenames, and/or goodwill of the Band.”

          53. At the same time, the agreement allowed the band to use Mars’s name and likeness indefinitely, requiring him to “ratif[y] and consent[] to the continuing use and exploitation of his name and likeness by Live Nation, Global, and the Mötley Crüe Entities, including, but not limited to, in accordance with the terms of the Touring Agreement and Merchandising Agreement and on all existing designs, merchandise, and inventory.”

        54. Finally, the agreement required Mars to release the band from any and all liability essentially giving up any claims that he might have against the band.

There have been some damage control tweets and statements issued by the band and Nikki Sixx, but this is still pretty damning. Now, what does lip-synching have to do with Mick Mars' termination? Not much. I believe leaking these "State secrets" is just a tactic by Mars' lawyers to intimidate Mötley Crüe LLC into paying whatever Mars wants. "Nice world tour you got, would be a shame if someone told the public you're not really playing live...", the implication being that if you're not paying me what I think I'm worth, I'm going to damage your brand even further.

This makes Journey look like the word's most functional band. It's a truly pathetic display, and frankly I'm loving every second of it!

CIVIL CASE COVER SHEET

PETITION

NOTICE OF CASE ASSIGNMENT

NOTICE OF TRIAL

There ya go! You don't need a bunch of technical lawyer mumbo jumbo, what you need is Bob Loblaw!

Many thanks to Electric Eye Forum esteemed members Aristocrat, Bahana and IMS (VP of Shenanigans) for their help digging up these documents.

Enjoy, comment and share!

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