Lindsey Buckingham's complaint against FM - Filed 10/9/18 in Los Angeles - document

[StreetAngel86]

Originally Posted by Sugar Mouse

The courts will ultimately decide if Lindsey was a victim here but he's got a very tough road to winning the case. He's suing for breach of fiduciary duty, breach of oral contract, and international interference with prospective economic advantage. He has a weak case for breach of contract as oral contracts don't often hold up these days. He has an even weaker case for international interference with prospective economic advantage. He would have to prove that the band interfered with his solo career. If anything, all the media attention is helping his solo career. His only decent case is for breach of fiduciary duty but that's not a strong case as he apparently doesn't have a written contract. I wish Lindsey the best in settling this case because the band is likely to win if it goes to court.

where in the air did you pull that out of?
oral contracts are legally binding in the state of California

Originally Posted by jwd

DAMN, this is going to get ugly. I firmly believe there will be no so called reunion of The Rumours Five ever. IT'S OVER!

this really is the saddest of things
but seriously, i would vomit if LB rejoined them and they all acted happy as Sh#t
unless he did something reaaaaaally vulgar and illegal to warrant his firing and loss of "membership"
they really don't deserve any kind of reconciliation from him after this

[jwd]

Originally Posted by Sugar Mouse

Fleetwood Mac is owned by Mick Fleetwood and John McVie. All the others are technically contracted employees.

Per the complaint filed by Lindsey:

During both of Buckingham's tenures with Fleetwood Mac, the Band operated as a partnership in which each of the Partners had the right to veto any major decision considered by the Partnership. During their respective tenures with the Band, the Partners always shared equally in all economic opportunities undertaken by the Partnership and owned equal shares of the entities formed to enter into specific agreements on behalf of the Partnership.

Since Buckingham and Nicks joined the band in 1975, no Partner has been involuntarily dismissed from the Partnership. In fact under the California's Uniform Partnership Act of 1994 (the "Uniform Partnership Act"), absent a written partnership agreement, no Partner in Fleetwood Mac may be terminated from the Partnership without cause.

[jwd]

Originally Posted by StreetAngel86

this really is the saddest of things

Yep. Most of us definitely wanted a different ending to this story. Novel, adventure, trip, or whatever you want to call it. It's a lame ending. A MAJOR letdown.

[jkmaletic]

Originally Posted by rhiannondontgo

This is a band most famous for their f*cked up interpersonal relationships. Their biggest hits are about hating each other. They didn’t stay together all these years because they enjoyed each other’s company. In fact, their relationships are so strained that S&L couldn’t even have hotel rooms next to each other’s because they found ways to fight through the f’ing walls. It’s never been about liking each other. They’re in this because it’s their job. Sure, they like what they do and enjoy making music and seeing their fans enjoy it. But it’s still a job. They run their business and they get paid for it with lots of money, attention, and fame. We all knew that. And Lindsey isn’t any different. You think he’d want anything to do with this band if he was wildly successful on his own and could sell out Madison Square Garden by himself? No. That’s why there’s this recurring pattern of Lindsey starting solo albums and then somehow having them evolve into FM records so he can expand the amount of people who will buy it and get tickets for the tour that follows it. He doesn’t do that because he misses or loves his band mates so much. He does it to rake in that FM money. The same FM money he’s still trying to rake in via this suit.
Of course they’re going to run this band more like a business than like a friendship. They have countless employees and already-set tour dates with thousands of tickets sold. They aren’t going to go against the advice of their managers and legal team because somebody’s feelings come first. Anybody who thinks that way has absolutely no idea what it’s like to be running a multimillion dollar empire and lives in some kind of fantasy world.

I agree, not to mention all the more accolades that are received when Fleetwood Mac tours versus solo touring. That's part of it too. They ALL have egos.
This is a very discouraging and sad way for the Rumours 5 to end, but it seems to be fitting for them too.

Jamie

[gldstwmn]

Originally Posted by sodascouts

Me too (no pun intended). It takes so little to get the media up in arms; those who have made a career of being righteously indignant appearing on the talk shows and the cable "news" programs, demanding that his life be ruined; the Twitter crowd frothing at the mouth and screaming of boycotts; the labels, stores, venues, etc. rushing to separate themselves from any hint of association with an "abuser."

All she has to do is accuse him...

Surely even she wouldn't do that to the man who she was once "as good as married" to - plus such an accusation would make her look ridiculous after she's been hugging him for decades during shows.

Please don't be an apologist for abusers. It's gross.

[gldstwmn]

Originally Posted by Sugar Mouse

I understand that Lindsey didn't have a written contract with Live Nation or Fleetwood Mac in regards to the current tour. If that's true, it's going to be challenging for Lindsey to win a lawsuit if the band declines to settle.

That was my first thought in reading this as well. They had an oral agreement, nothing in writing. Worse, the complaint clearly illustrates that all of their employment was at will.

[gldstwmn]

Originally Posted by NotonRodeo

An oral contract is just as binding as a written one. Basic contract law.

There was no contract. It was an oral agreement.

[gldstwmn]

Originally Posted by jmn3

Hopefully the folks at Loeb and Loeb know how to contact you for legal advice.

This is a frivolous lawsuit and he knows he isn't going to get one nickel out of it. He's doing it because he's vindictive and wants to humiliate the band. Not to mention the filing is carefully edited not to mention what really happened.

[gldstwmn]

Originally Posted by Sugar Mouse

I'm sure the lawyers at Loeb and Loeb know they have a very weak case. That's why they released the legal documents to the press rather than sending them to the band. US Weekly received the legal papers before the band did. The goal of the lawyers is to drive up media support for Lindsey with the hope that the band settles quickly. Without a written contract, they know that they are likely to lose if this goes to court.

He's trying to shake them down.

[gldstwmn]

Originally Posted by bombaysaffires

yes, it's public, but you'd have to know to go look for it. the accusation is that lindsey's people would have alerted certain people in the media that it was filed or being filed so they would know to go pull it up.

Yes. The stories were planted.

[gldstwmn]

Originally Posted by rhiannondontgo

They retained Dan Petrocelli, the same lawyer who represented the Eagles against Don Felder’s suit. I sort of figured that would be the case. This will be interesting to watch to say the least. Doesn’t look like FM is going down without a fight. By the looks of their statement, they have their own side of the story and are eager to tell it.

And now we will find out what really happened at Music Cares. I hope some of the posters here like eating crow.

[gldstwmn]

Originally Posted by saniette

Didn't FM already share their side of the story back in April? Do they need to change it now? That would be kind of fishy.

They said some stuff and shared absolutely nothing.

[gldstwmn]

Originally Posted by dreamsunwind

Part of me still thinks this might've been filed quite a while ago and has already been handled. Lindsey's camp might've given the ok to release it as a way of getting a very official form of his side of the story out.


EDIT:
Nvm I just saw the band response. Major ew at them getting Weinstein's lawyer.

It was filed on 10/9/18. Lawyers represent both guilty and innocent people. To associate FM with Harvey Weinstein is both ridiculous and insulting.

[gldstwmn]

Originally Posted by saniette

As classless as the band never responding to Lindsey's calls and emails, and having Irving Azoff do their dirty work?

They were advised not to respond. They'd be foolish to ignore that advice.

[gldstwmn]

Originally Posted by sleepless child

I think we have gotten the whole story now from Lindsey's side. And to go forth and sue, knowing that they will sling mud back, tells me he feels justified and is not afraid of what they will say.

He is acting out of anger and not considering the consequences. This is not new behavior for him.