(CelebrityAccess MediaWire) — A New York federal judge has dismissed a lawsuit brought against rock band Megadeth and its founder/lead singer/lead guitarist Dave Mustaine. The suit, filed in July 2004 by the band’s long-time bassist, Dave Ellefson, alleged that Ellefson was entitled to a greater share of the band’s profits than he was paid. U.S. District Judge Naomi Reice Buchwald of New York, N.Y., ruled on January 13 that Ellefson has no valid claims against Megadeth, Mustaine or anyone else, holding that Ellefson had entered into a valid settlement agreement with the band in May 2004, and released all of his claims in that agreement. Ellefson alleged in his suit that the settlement agreement was unenforceable–a claim the federal court soundly rejected.
“This lawsuit should never have been brought,” stated Megadeth’s attorney Charles J. Harder of Lavely & Singer in Los Angeles. “The federal court has now confirmed that Dave Ellefson’s claims against Megadeth and Dave Mustaine are completely unfounded. The court’s ruling confirms that Ellefson had no business trying to get more money from the band by filing a frivolous lawsuit.
The band's managers Kevin Gasser and John Dee
said, "We could not be happier with the result." Mustaine has declined to comment. –Bob Grossweiner and Jane Cohen