A lawsuit filed in May 2010 in New York by Live band members Patrick Dahlheimer, Chad Gracey and Chad Taylor will move to mediation Nov. 1 in New York City.
The suit alleges that former Live lead singer Ed Kowalczyk and the band's longtime manager, David Levin, violated terms of a contract. Kowalczyk's lawyer, John Rosenberg, confirmed the date of the mediation - an informal and confidential process often taken to resolve disputes without the need for lengthy and costly litigation.
According to the suit, Kowalczyk was to pay the other three band members a percentage of an advance and publishing income. The suit alleges Kowalczyk didn't pay the full amount due to each member.
Kowalczyk and Levin's answer to the 2010 lawsuit alleges that "motivated by jealousy and animus, plaintiffs commenced the present lawsuit on the eve of the release of Kowalczyk's solo album."
In July, Action Front Unlimited, a corporation that owns trademarks for the rock group Live, filed a federal lawsuit against Kowalczyk. In that suit, Action Front alleges that Kowalczyk is misleading fans by branding himself "Ed Kowalczyk of Live."
"We have exhausted every effort known to man to try and reach some sort of peaceful accord with Ed," Taylor said in July. In a text message, he added "the legal drama ... pales in comparison to the personal nature and disappointment of losing a childhood friend."
The members of Live grew up together in York and graduated from William Penn Senior High School before going on to make multiplatinum albums and tour the globe in the 1990s. By 2009, the members had parted ways. Dahlheimer, Gracey and Taylor pursued other musical projects and recently began performing as Live again.
Kowalczyk pursued a solo career. He is slated to bring his "I Alone Acoustic Tour" to York County for a Nov. 9 show at Penn State York's Pullo Family Performing Arts Center. Kowalczyk is billed as a "founding member and former lead singer of Live."
"As to the details of the legal proceedings, for now I will only say that both suits are baseless and totally without merit," Kowalczyk wrote via email in August.
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