MARTINEZ, Calif.--(BUSINESS WIRE)--Balaban & Spielberger, LLP, attorneys representing Ross Valory, a Rock and Roll Hall of Fame musician and bass player for the iconic rock band Journey, filed a Cross-Complaint in Contra Costa County Superior Court on April 6, 2020, against fellow band members Neal Schon and Jonathan Cain. The Cross-Complaint attaches evidence that refutes the Schon and Cain allegations and sets forth multiple causes of action for monetary damages against Schon and Cain for the ramifications of their conduct in trying to wrongfully excise Valory from the band.
Journey’s lead guitarist, Neal Schon, and keyboardist, Jonathan Cain filed a lawsuit on March 3, 2020, claiming Ross Valory and drummer Steve Smith attempted to launch a “coup” to take over Nightmare Productions, Inc. (the corporate entity that controls the band’s name and trademark) in order to effectuate some amorphous retirement plan that is not described in the Complaint. An Answer filed by counsel defending Mr. Valory (Richard Charnley of Charnley Rian) against the Complaint’s allegations and the Cross-Complaint (filed by Andrew Spielberger of Balaban & Spielberger LLP) disputes and refutes these allegations.
Over the last four decades, Journey has reigned as one of America’s most successful rock bands producing ten platinum albums, eighteen Top 40 singles, and selling more than 75 million albums worldwide. Journey formed in 1973 the same year it created Nightmare Productions Inc., which holds the rights to the band’s trademark and other intellectual properties.
According to Valory’s attorney, Andrew Spielberger, “Ross is shocked and devastated by the conduct of his lifelong bandmates (Schon and Cain) and is disappointed that there was never any attempt to sit down and discuss what is most likely a misunderstanding and something that easily could have been worked out.”
Ross Valory has played with Journey since Journey started in 1973. Based on his extensive business and performance history with the band, his status as a Director and/or Officer and/or Manager/Member of the business entities that run Journey, the promises made amongst the members of the band, the agreements made with Tour Promoters and Corporations for special Corporate Shows, Ross Valory has (with firm sadness) set forth multiple viable causes of action in his Cross Complaint against Neal Schon and Jonathan Cain for monetary damages including the financial loss of revenue from not performing with the band in the future.
“If there ever was a time to have perspective in this world about disagreements—it is now. Unfortunately, this disagreement between ‘brothers’ who have played music together for the past 35 to 45 years was not able to be resolved during the current Coronavirus crisis when many are suffering. Ross feels horrible about this whole unnecessary ordeal. But he is a fighter and he has hired able counsel to defend and fight for his rights. I expect he will be vindicated and justice will prevail,” said Valory’s attorney Andrew Spielberger.
Ross Valory’s legal team as a Cross-Complainant includes attorneys Daniel Balaban, Andrew Spielberger, Kahren Harutyunyan and Vanessa Loftus-Brewer with the boutique Plaintiff’s law firm of Balaban & Spielberger, LLP. Valory’s legal team as a Defendant includes Richard Charnley of Charnley Rian.
Link to Cross-Complaint: https://drive.google.com/open?id=11Itjy2k8LCOFp1D5-2ymRtI4v1R3hK2X