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  1. #1
    Hot For Teacher
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    11.10.08 @ 08:19 PM
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    Since the original thread fell into a unacceptable racial hate thing, we'll try this again.

    David Lee Roth Sued By Guitarist

    Ex-Van Halen singer David Lee Roth is being sued by a guitarist for breach of oral contract, fraud, and negligent misrepresentation.

    In a lawsuit filed on Tuesday (December 10) in Los Angeles Superior Court, musician Bart Walsh names Roth and his companies, Diamond Dave Enterprises, Inc, and Diamond Dave Touring Company, Inc as defendants.

    Walsh claims that Roth and his companies initially entered into an oral contract in 1998 for Walsh's services as a guitar player in 1999, with a retainer of $3,000 weekly for performing and $1,500 during weeks of non-performance. In addition, he alleges additional compensation would be received for master recordings or recordings of the performances.

    According to Walsh, in 2001, he was offered the same performance and non-performance rates, as well as an additional $100 per hour for guitar lessons, all by verbal agreement at Roth's home, claiming Roth said he was "a man of his word."

    Walsh also asserts he was involved with writing song charts, arranging band rehearsals, and alleges he was not paid his retainer fees as promised and nor was he paid for commercial concert videos and recordings, which he was told were for demo purposes only. In addition, he claims all the performances are his, though his image is obscured on the videos.

    Walsh has asked for a trial by jury and a judge has been assigned to the case.

    Roth's representatives had no comment at the lawsuit at press time. In November, Roth was sued by his former manager for breach of contract and age discrimination.

    -- Darryl Morden, Los Angeles

  2. #2
    Atomic Punk Eddymon's Avatar
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    12.15.17 @ 07:37 PM
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    Dave is Dave.
    'Old Van Halen, when I was in it-classic Van Halen-makes you wanna drink, dance and screw, right? And the new Van Halen encourages you to drink milk, drive a Nissan and have a relationship.' - David Lee Roth.

  3. #3
    Good Enough Bostonian's Avatar
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    12.16.17 @ 01:26 AM
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    Donor

    Well think of this also, Dave has had Ray in his band for years now... Also what about the former bass player who left also? I don't see him suing Dave. We all know Dave is a little off kilter, but at the same time it could also be a fan... yes Bart is a fan also... trying to take advantage of a star.

  4. #4
    On Fire
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    12.31.69 @ 04:00 PM
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    I, quite frankly, am sick of the leeches that have tried to latch onto the Diamond. Dave is a gentleman and a poet. These wild accusations are nothing more than fuzzy math. Dave tries to use his legacy to help struggling musicians like Sam Hagar and Bart Walsh and this is the thanks he gets?

  5. #5
    On Fire
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    10.01.07 @ 07:13 AM
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    A year ago, I would have killed to get Dave back

    into the band, after seeing videos of the tour

    this summer, the VH-1 Sam and Dave thing, and

    EVERYONE he ever worked with suing his ass off,

    I'm slowly seeing why Eddie won't allow it.
    By the way, I'm not real good with baby-steps. My specialty is ass-kicking. -DLR

  6. #6
    Emperor of VHLinks.com Brett's Avatar
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    12.16.17 @ 04:09 PM
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    Sam was a struggling musician? LOL!
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    Tons of Van Halen!

  7. #7
    Hot For Teacher
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    02.17.17 @ 06:11 AM
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    It is hard to say based upon the bare allegations of a complaint (much less a news account of it)whether Dave did anything improper.

    As a lawyer who concentrates his practice in commercial litigation, I can assure you there might be a myriad of legitimate reasons why Dave did not pay Bart, if that, in fact, is the case. There are infinite possibilities -- for example, Bart may have breached his obligations under the agreement, David may have terminated the oral contract, or the oral contract may have been expired. In fact, as any first-year law school student will tell you, Bart is in for a sad day if he thinks that he could have a valid and enforceable oral contract that was to run in perpetuity. Contracts for a term in excess of one year are unenforceable as a matter of law under a rule of law called the Statute of Frauds.

    So far, everyone that sues David runs in with bold allegations, but I have never read any newspaper article relating to any judgment being entered against him. It may be because he pays off the claims in confidential settlements. But, it also may be that David is a tough businessman and is unwilling to pay for incomplete or below standard performance.

    Bottom line, stay tuned.

  8. #8
    Atomic Punk MikeL's Avatar
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    03.03.15 @ 08:31 PM
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    Donor

    Dave's got a shaddy history when it comes to dealing with his band members and others. He's never been able to keep a stable band together, and after a while Dave sort of loses the benefit of the doubt. I love his work, but I'd never want to depend upon him for my livelihood.

  9. #9
    Good Enough THE MARD's Avatar
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    01.28.16 @ 03:05 AM
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    Well, like I was saying before...

    Oral contract or no, the bottom line is David Lee Roth, as a veteran of the music biz, and as someone who's been scorned himself, should have had the papers all drawn up in the first place. Detailing what was expected from him, and what was expected for Barts services.
    "Keep honking buddy. I'm reloading..." -The Mard

    "......HEY!.............alright............." -BIG FOOT

    " I know what you're thinking: "Do I want to watch Mard? We know that horses were very strong and could actually stop airplanes from flying away. The ones made out of stone called "statues" -- occasionally came to life and rode off is a colonial cliche. How many more times do we need to hear about how the oppressive Raj's wore villainous black capes, crafted cunning plastic masks to impersonate people, and drained all the blood from their slaves so they could keep the fluid in bottles in their dungeons? I mean, YAWN!

    But if you're willing to sit through this dry sort of historical drama one more time -- or even just this dry historical review -- you will not be disappointed. In fact, some of you might just learn something they didn't teach you in school!-
    MARD-The Movie

  10. #10
    Hot For Teacher
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    02.17.17 @ 06:11 AM
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    Oral contract or no, the bottom line is David Lee Roth, as a veteran of the music biz, and as someone who's been scorned himself, should have had the papers all drawn up in the first place. Detailing what was expected from him, and what was expected for Barts services
    Not so fast, who's to say David did not get a written contract.

    I currently am representing a client in a case where the plaintiff is suing on an oral contract, even though there is a written agreement between the parties covering the very subject of the alleged oral agreement. It appears that the plaintiff does not like the termination provisions in the written agreement, so he is alleging that, before the written agreement, he had a separate oral agreement with my client that did not have the termination provisions. It is quite possible that David as a "vetran of the music biz" has a very one-sided written contract that he insisted Bart sign, and Bart is looking for a way around the written contract.

  11. #11
    Good Enough THE MARD's Avatar
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    01.28.16 @ 03:05 AM
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    [quote]Originally posted by Smokin' 5150:
    Not so fast, who's to say David did not get a written contract.

    I currently am representing a client in a case where the plaintiff is suing on an oral contract, even though there is a written agreement between the parties covering the very subject of the alleged oral agreement. It appears that the plaintiff does not like the termination provisions in the written agreement, so he is alleging that, before the written agreement, he had a separate oral agreement with my client that did not have the termination provisions. It is quite possible that David as a "vetran of the music biz" has a very one-sided written contract that he insisted Bart sign, and Bart is looking for a way around the written contract.
    Well, the news report doesn't mention any written contract. If fact it says all by verbal agreement at Roth's home, claiming Roth said he was "a man of his word."

    I'm no lawyer , but I have to believe that if a written contract does exist, and Roth paid all he owed him, I can't see how Bart would have a prayer in court?

    I doubt very much there's a written contract. Roth contacted Bart with stars in his eyes, made all these promises, and then never delivered.
    "Keep honking buddy. I'm reloading..." -The Mard

    "......HEY!.............alright............." -BIG FOOT

    " I know what you're thinking: "Do I want to watch Mard? We know that horses were very strong and could actually stop airplanes from flying away. The ones made out of stone called "statues" -- occasionally came to life and rode off is a colonial cliche. How many more times do we need to hear about how the oppressive Raj's wore villainous black capes, crafted cunning plastic masks to impersonate people, and drained all the blood from their slaves so they could keep the fluid in bottles in their dungeons? I mean, YAWN!

    But if you're willing to sit through this dry sort of historical drama one more time -- or even just this dry historical review -- you will not be disappointed. In fact, some of you might just learn something they didn't teach you in school!-
    MARD-The Movie

  12. #12
    Good Enough Hecubus's Avatar
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    11.22.16 @ 05:46 PM
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    Bart's a big boy....he's not harmless in this. If he & Roth had a business agreement, then he should have had an attorney or agent represent him. Pure & simple.

    Perhaps it did go down the way he's alleging, but being a "professional musician" you'd think he'd have it drawn up on paper to make sure his arse was covered.
    Q: Recording the album took so long your Australian tour last year was cancelled. What was it like in the studio? There's a history of tension between you and Eddie Van Halen...

    DLR: It was like a stand off in a Chuck Norris movie. We each had the laser dot on everybody's forehead waiting for the other guy to blink. Except for Wolfie, he had a Super Soaker ...

  13. #13
    Good Enough THE MARD's Avatar
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    01.28.16 @ 03:05 AM
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    Originally posted by Hecubus:
    Bart's a big boy....he's not harmless in this. If he & Roth had a business agreement, then he should have had an attorney or agent represent him. Pure & simple.

    Perhaps it did go down the way he's alleging, but being a "professional musician" you'd think he'd have it drawn up on paper to make sure his arse was covered.
    Would you have done things differently?

    I mean honestly...Here you are a guitarist for a tribute band and The MAN himself invites you to his house. Makes all these promises. Your hero. He tells you "he's a man of his word". You're going to risk insulting him with lawyers and/or agents demanding he put it all in writing? No way.

    Certainly, it would have smart thing to do, but I am willing to bet 99.9% of us on this board would have done the exact same thing as Bart.
    "Keep honking buddy. I'm reloading..." -The Mard

    "......HEY!.............alright............." -BIG FOOT

    " I know what you're thinking: "Do I want to watch Mard? We know that horses were very strong and could actually stop airplanes from flying away. The ones made out of stone called "statues" -- occasionally came to life and rode off is a colonial cliche. How many more times do we need to hear about how the oppressive Raj's wore villainous black capes, crafted cunning plastic masks to impersonate people, and drained all the blood from their slaves so they could keep the fluid in bottles in their dungeons? I mean, YAWN!

    But if you're willing to sit through this dry sort of historical drama one more time -- or even just this dry historical review -- you will not be disappointed. In fact, some of you might just learn something they didn't teach you in school!-
    MARD-The Movie

  14. #14
    Good Enough Hecubus's Avatar
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    11.22.16 @ 05:46 PM
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    Yes, Mard, I can honestly say I would have.

    All Bart needs to say is OK, I'm totally eager to work with you. Lets draw up a contract & hash things out.....if Roth would have said, "No dice", then c'est la vie. But he didn't. He allegedly said "I'm a man of my word." That's like selling used cars for Christ's sake. Everybody knows what a loose cannon Roth is, he was stupid to not protect himself.

    He's DLR, not mi familia, that's why I would have made it legal & binding. And Bart should have known about all of the music industry bullshit that gets shoveled around. Especially being a part of that scene as an atomic punk.....
    Q: Recording the album took so long your Australian tour last year was cancelled. What was it like in the studio? There's a history of tension between you and Eddie Van Halen...

    DLR: It was like a stand off in a Chuck Norris movie. We each had the laser dot on everybody's forehead waiting for the other guy to blink. Except for Wolfie, he had a Super Soaker ...

  15. #15
    Hot For Teacher
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    11.10.08 @ 08:19 PM
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    There's a reason why a judge gets to decide these things (or jury as the case may be). To assume that Bart is telling the truth is to assume that Dave did wrong. Until it's decided in a court, we should all take a deep breath and watch what unfolds.

    Don't assume to know everything about the case just by reading a news story. They may be much more to this case than what we have learned. You can form an opinion, but let the courts decide who is telling the truth.

 

 

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