A Massachusetts judge has rejected Aerosmith drummer Joey Kramer's lawsuit against his bandmates. Earlier this week, Kramer filed suit against the band claiming he was forced to audition to keep his job following surgery and was deemed too weak to perform. Kramer specifically took umbrage at being not permitted to play at the band's MusiCares honor on Friday (January 24th) or the Grammys on Sunday (January 27th). TMZ posted footage of Kramer being turned away from an Aerosmith Grammy rehearsal.
Ultimate Classic Rock reported that the ruling specifically cited that despite Kramer's claims, he is not entitled to perform, stating in part: “Given that Kramer has not played with the band in six months and the dearth of available rehearsal time before the upcoming performances, Kramer has not shown a realistic alternative course of action sufficient to protect the band's business interests . . . As Kramer concedes, nothing in the parties’ Agreement creates specific rights or obligations with respect to the procedures to be followed when a member of the band desires to return from a temporary incapacity or disability. The Agreement is simply silent on that issue.”
It went on to read: “Notwithstanding Kramer’s assertion that the band’s past practice has been to permit a member to return with no questions asked, the parties’ affidavits suggest a good faith dispute whether it’s in Aerosmith’s best interest to allow Kramer to participate in the unique MusiCares and Grammy Award performances, which will occur in mere days. The defendants have expressed a willingness to allow Kramer to return to the residency performances in the spring, following an adequate opportunity for the band to rehearse.”