Just as the band hit the road for a tour after a long absence from the road, Hawthorne Heights have been hit with another lawsuit.
This latest suit comes from the band's former manager Wild Justice Records and president Richard Smith, seek damages from Hawthorne Heights and its individual members for breach of contract, unpaid fees for concerts that had been booked, merchandise that was sold, the acquisition of musical instruments and other band gear, a commission on a sponsorship by Mountain Dew and an $800 loan. The lawsuit is assigned to Judge Daniel P. O'Brien.
Of some note is this:
In January 2007, Plaintiff and Defendant agreed to a management arrangement, whereby Plaintiff would be paid 1/6 of the revenue obtained by Defendants based on Plaintiff's efforts. In conjunction with that oral agreement, Plaintiff prepared a written agreement and delivered it to Defendants. While Defendants did not sign the agreement, they did not object to any provision of it and the parties in fact operated pursuant to the agreement until May 2007.
The band fired their management in May of 2007. Hawthorne Heights has been wracked by lawsuits over the past few years, both as plaintiff in a suit against Victory Records and as defendant in a countersuit by the same.