On June 6, frontman Benjamin Burnley filed documents in Luzerne County Court against band members Aaron Fincke and Mark Klepaski. Burnley states they breached a contract by releasing a remix of the song “Blow Me Away”, which he claims was written by himself with no contribution from Fincke or Klepaski.
Burnley later fired band members via e-mail on May 15.
Court documents declare that Fincke and Klepaski made a deal without Burnley’s consent regarding the track with the band’s label, Hollywood Records. As a result, Burnley is seeking $1.2 million in monetary damages.
Fincke and Klepaski are fighting back. On July 13, the two men filed a complaint stating they “dispute and strictly deny” the allegations made by Burnley in the June filing.
They add how on June 1, 2010, Burnley told them he was disabled and could no longer perform in live concert appearances.
The band, formed in 2001, is a multi-platinum, modern rock band, based out of Wilkes-Barre, Pennsylvania.