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Author Topic: On Going Queensryche legal battle in King County Superior Court  (Read 218326 times)

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22 Acacia Ave

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2200 on: March 07, 2014, 04:24:34 PM »

This is like a bad dream that never ends.
Just my opinion but this is not going to be over ANYTIME soon!
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22 Acacia Ave

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2201 on: March 07, 2014, 04:36:10 PM »

But how is that different than a delaying tactic? Whether he ultimately plans to accept an offer or wind up in court where he might lose, he's just trying to push things out. And, as has been observed, even if he barely benefits by this, it hurts the guys and they know this. I respectfully submit the following analogy:
http://hereandnow.wbur.org/2014/02/04/jeopardy-arthur-chu

I fully agree with this! As if Geoff even cares about QR anymore! Why would he release a shitty album, FU, and tarnish the Mindcrime legacy with a bunch of crappy musicians? He has no desire to get his voice back in shape.

He is just trying to do AS MUCH damage as he can!
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TonyFlyingSquirrel

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2202 on: March 07, 2014, 05:57:51 PM »

Even if this is all just a cash grab, which I think it is, I can't see how he thinks he'll be able to sustain a living off of it alone.  He's got to find some other source of income and I don't see this Vomitville think becoming a cash cow.
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ahrayeph

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2203 on: March 08, 2014, 06:54:10 PM »

Good point, TFS.

There is a possibility he's dragging things out because the vaudevillainy show isn't going to be the success - albeit small, given the size of the venue - they expected it to be. I mean, why would Vest, Miranda and Ames show up to do a Kinks cover on King 5 in March, when the show is in May? If tickets had been snapped up well, there would be no need to sell it on TV. And now that backfired in a big way, making even several hardcore Vest fans give up on him, he will have even more reason to drag the settlement out for as long as he can, for all the reasons mentioned in previous posts.

His only decent meal ticket is playing under the QR name, and he's become very aware of it, now that he's starting to realise all his other avenues are leading to dead ends. Hence his more subdued and conciliatory tone of voice last night on Trunk - in spite of his continued spinning (yeah, the press was to blame for this split to be so ugly. Riiiiight), and his backpedaling in recent interviews about parting ways on good terms. It's finally starting to dawn on Vest that his actions have very dire consequences and he's played it so dirty, QR won't let him have anything beyond what's reasonable and-nothing-more. He only has himself to blame for that, even though he'll never admit it, not even to himself.
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profusion

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2204 on: March 11, 2014, 07:32:02 PM »

In a sad way, Tate's misuse of the QR name over the past year has made his bargaining position stronger. The longer this thing drags on, the more damage he does.

In the end, my prediction is that he'll get perpetual use of something like "Geoff Tate Formerly of Queensryche" or Geoff Tate the Voice of Queensryche." The old band agreement is no longer in effect, so its "one year" provision is not legally binding. I doubt he's going to be shut out entirely. In return, I'd guess his revenue participation in the corporation will be sunset-ed at some point, rather than continuing indefinitely. He'll probably get a lump sum payment up front plus a certain number of years of revenue participation. From the band's perspective, having him "off the books" at a certain point would be very beneficial.

And yes, this does muddy the waters a bit for QR going forward. If Geoff keeps some use of the name in his act, then I'd say QR needs to work hard to differentiate themselves from him (though that is outside the topic of this thread).
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Grendelsan

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2205 on: March 11, 2014, 07:41:16 PM »

I think we're verging a bit away from the original intent of this thread, that is to discuss what's in the legal documents or to pose legal questions based on them or the logistics of the proceedings. Let's try to keep general speculation to a minimum here and refocus this thread on details of the legal proceedings. Thanks all.
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lmu2002

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2206 on: March 12, 2014, 03:51:58 AM »

Is there a possibility that both parties refuse to pay the required money for the QR name? Sounds a bit silly but I'm not familiar with court rulings or law in general...
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2207 on: March 12, 2014, 06:14:44 AM »

As I understand it, they would have to dissolve the corporation and split up the assets, leaving no one the ability to use the name.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2208 on: March 12, 2014, 08:00:25 AM »

Is there a possibility that both parties refuse to pay the required money for the QR name? Sounds a bit silly but I'm not familiar with court rulings or law in general...

Well, if they can't reach a settlement, the case would go to trial and the judge would decide who gets to use the name (and how much it was going to cost to buy it out from the other party).  If the party that won the name refused to pay the value decided by the judge, the losing party would be able to move for an injunction preventing that party from using the name until payment was made.  Also, the winning party could be found in contempt of court and there could be ramifications from that (although I don't think that scenario is all that likely).
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22 Acacia Ave

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2209 on: March 13, 2014, 05:05:15 PM »

Sorry, stupid question, but do know the deadline for the next court date? If it isn't settled out of court?
I thought it was early March here.

How many other people are checking this part of the forum EVERY day? Who just want this to be over?
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RoushRycher

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2210 on: March 13, 2014, 05:49:16 PM »

I believe the next court date would be April 7, but that is the day the cruise starts.  So, if it's not settled out of court before then, I would guess they would need to move the date.
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New Reign

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2211 on: March 25, 2014, 06:01:58 AM »

Hopefully it's cool to mention this here but, apparently fakeryche cancelled their gig at Hellfest, which is June 20th. Hoping that means something good re: the lawsuit.
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AlamoCityRycher

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2212 on: March 25, 2014, 06:34:50 AM »

Yeah, it does look like it might be a sign.

That said, let's be sure to keep the discussion centered on the court case lest we get too far off topic.
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Eddyspeeder

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2213 on: March 25, 2014, 03:49:47 PM »

Without going into speculation too much or going into wishful thinking, I would say 1 and 1 is 2.
  • There are just 13 more days to go before the trial. Time is running out.
  • We have seen no sign of a continuation request. The other continuations were granted 21 days (Jan 6 / Jan 27), 20 days (Jan 21 / Feb 10) and 20 days (Feb 11 / Mar 3) before the trial was scheduled, so another continuance would probably have been requested around March 18 and the legal documents arranging that should have surfaced by now.
  • For another continuance, the judge must be absolutely convinced that this time they are really close to a settlement. After all, on February 11, the lawyers of both parties indicated that they "are close to reaching a settlement". It wouldn't look very good if they came back five weeks later and said: "No, I mean, uh, we were like "close", right? But uh, you know, this time... well, we are really really close. Seriously you guys!"
  • Hellfest has been cancelled.
  • Cruise to the Edge has not been canceled even though to me, performing on a cruise ship off of the coast of Florida seems kind of difficult while you're sitting in a courtroom in Seattle.

What do you get if you multiply six by nine? Forty-two.
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Caelum

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2214 on: March 25, 2014, 04:35:42 PM »

Good observations, Eddy. Hopefully you're right and those are all signs that this is winding down.
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MindcrimeRycher

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2215 on: March 26, 2014, 08:58:58 AM »

How many other people are checking this part of the forum EVERY day? Who just want this to be over?

Several times a day.  :lol  Speaking from the criminal case side: it is usually quietest right before any plea is reached.  My last BIG-BIG case came down to how many months in Federal Prison he was going to serve.  The defense and AUSA (Assistant United States Attorney) were off by 42 days.  It came down to the morning of trial, after the jury had been selected.  Both sides were seated and ready to give opening statements when the defense leaned across and gave an offer and the AUSA accepted.

I feel that it is only the small things they are working out.  Heck, it could be over 1 word in the agreement that is delaying this.  Either way, I am confident by April 7th this will be over.

Now my 1 question is:  If this has already been settled, what is the closing paperwork that needs to be filed with the courts?  Would they just wait until the trial date to give the final draft to the courts?  Tate did cancel Hellfest and the cruise is still on.  I assume if a settlement has been reached, only the laywers would need to show up in court (maybe only 1 lawyer would show up) to deliver the documents.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2216 on: March 26, 2014, 09:47:49 AM »

Several times a day.  :lol  Speaking from the criminal case side: it is usually quietest right before any plea is reached.  My last BIG-BIG case came down to how many months in Federal Prison he was going to serve.  The defense and AUSA (Assistant United States Attorney) were off by 42 days.  It came down to the morning of trial, after the jury had been selected.  Both sides were seated and ready to give opening statements when the defense leaned across and gave an offer and the AUSA accepted.

I feel that it is only the small things they are working out.  Heck, it could be over 1 word in the agreement that is delaying this.  Either way, I am confident by April 7th this will be over.

Now my 1 question is:  If this has already been settled, what is the closing paperwork that needs to be filed with the courts?  Would they just wait until the trial date to give the final draft to the courts?  Tate did cancel Hellfest and the cruise is still on.  I assume if a settlement has been reached, only the laywers would need to show up in court (maybe only 1 lawyer would show up) to deliver the documents.

As I recall, I think the only thing that would need to happen would be for Tate (as the plaintiff) to file a motion to dismiss the case.  They will have their own settlement documents to file but I don't think they would be actual pleadings to be filed with the court, more likely just agreements (settlement, confidentiality / non-disclosure, etc.).
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You can put out an album that says FU on the cover ... or you can put out an album that says FU because it kicks ass.  I'll take the latter.

profusion

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2217 on: March 27, 2014, 08:16:14 AM »

I don't know about Washington State civil procedure, but in federal courts, there's usually a notice of settlement filed by the judge that dismisses the case. That would be the last item entered into the docket. Sometimes judges have to approve settlements, but that almost certainly wouldn't be true in this case since trial hasn't started yet. Mostly likely, the parties will file a joint stipulation with the court notifying it that a settlement was reached--this probably wouldn't include the settlement document itself.

I'd say it's unlikely the full terms of the settlement will be made public, but then, that's really their business and not ours.
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TonyFlyingSquirrel

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2218 on: March 27, 2014, 01:14:54 PM »

Well, I am confident in the band winning this.

For example.
Tate's lawyers
https://www.youtube.com/watch?v=AAlhmDPqMN8
https://www.youtube.com/watch?v=jpcEietIoxk

Queensryche's Lawyers
https://www.youtube.com/watch?v=YUfaXQ63zGo
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Lidane

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #2219 on: March 27, 2014, 02:58:31 PM »

Yeah, I don't expect that the full settlement will be made public. The only thing we'll find out is that it's been reached and there will be some sort of press release giving the main details that people need to know, such as naming rights. Details about any money changing hands or share prices or whatever would remain private.

I'm okay with that. I just want it all to be over.
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