he legal-battle tearing apart Breaking Benjamin will continue behind the closed doors of an arbitrator's office, out of the view of the rabid public that helped propel the alt-rock band to worldwide fame, a series of top-20 hits and three platinum-selling albums.
The Wilkes-Barre-based band, idled by namesake lead singer Benjamin Burnley's chronic illness, appeared on the verge of collapse Tuesday as court filings obtained by The Citizens' Voice revealed a bitter struggle between Burnley and two longtime bandmates over a new recording of the hit song "Blow Me Away."
The bandmates, Aaron Fincke and Mark Klepaski, pushed to air the dispute in open court, but a Luzerne County judge last Friday redirected the case to arbitration, cloaking any prospective resolution in a veil of secrecy. No arbitration sessions have been scheduled.
Burnley accused Fincke and Klepaski in June of making unauthorized and unilateral decisions on behalf of the band, including giving their record company permission to produce the a remastered and remixed version of "Blow Me Away" in exchange for a $100,000 payment.
The song, featuring new vocals from Sydnee Duran of the band Valora, is scheduled to appear on "Shallow Bay: The Best of Breaking Benjamin," a compilation of the band's greatest hits and rare recordings due Aug. 16.
Burnley, described in court papers as dedicating himself to the "musical integrity and quality" of the band's recordings, has not taken action to stop the release of the greatest hits album, his attorney said Tuesday.
In a statement, Hollywood Records said it produced the greatest hits album "with the awareness of all of the members of Breaking Benjamin."
"We're extremely excited about this collection, which is a fan's dream," Hollywood Records spokeswoman Heather Davis said. "Ben is a tremendous talent whose songs truly stand the test of time."
Attorneys for Fincke and Klepaski - known professionally as Mark James and Aaron Fink - responded to the allegations in a July court filing, saying they "dispute and strictly deny" Burnley's version of events.
Burnley's attorneys filed a "Demand for Arbitration" in June in which they stated five claims against Fincke and Klepaski, including breach of agreement and breach of fiduciary duties of loyalty and good faith.
According to the filing, Burnley is seeking damages of at least $750,000 - compensatory damages in an amount no less than $250,000, punitive damages in an amount no less than $250,000, and no less than $250,000 for damage to his artistic reputation, plus interest on all payments, as well as legal fees.
Burnley is also seeking an order declaring that Fincke and Klepaski were not authorized to approve the release of "Blow Me Away" or rarities recordings; Fincke and Klepaski, who Burnley fired via e-mail in May, were properly dismissed for "cause;" Fincke and Klepaski are "departing members" of the band; and Burnley is the exclusive owner of the Breaking Benjamin name.
Fincke and Klepaski fought the demand for arbitration, saying a partnership agreement and arbitration provision signed by the band members in January 2009 expired in June 2010 when Burnley said he could not longer tour.
The agreement, the attorneys for Fincke and Klepaski said, was invalid after Burnley told his bandmates in June 2010 that he was ill and could no longer perform live concerts. Around the same time, the attorneys said, Burnley refused to perform at a concert in Vancouver, B.C. and has appeared on stage only twice since.
Judge William H. Amesbury rejected that argument last Friday, ruling arbitration, through the American Arbitration Association, could proceed.
"The court declined to accept their version of the facts," Burnley's attorney, Brian D. Caplan said Tuesday. "The court rejected their contentions."
Read more: http://citizensvoice.com/news/judge-moves-breaking-benjamin-dispute-to-arbitrator-1.1183519#ixzz1h2aKSP1n
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