Late tonight, the internet was abuzz with rumors that A Day To Remember were going to be filing a lawsuit against their label, Victory Records, alleging breach of contract. While it's unclear if any new lawsuit exists, AP did uncover a PDF of a May 31, 2011, lawsuit filed by the members of ADTR in U.S. District Court in Tennessee. This particular lawsuit, which names Victory Records as a defendant, does allege breach of contract, while also stating that the band feel they have fulfilled their contractual obligations; in addition, ADTR is seeking "an accounting of the Defendants to disclose fully and accurately monies earned and amounts due and owing to" them. You can view the entire document below; however, it's also unclear whether any judgment has been rendered in this particular lawsuit.
AP is reaching out to the label and the band for comment; we'll update this post with information as we have it.
UPDATE 10:44 AM ET: A Day To Remember's management declined comment on the grounds that it's an ongoing suit. We're still awaiting word from Victory Records. Keep checking this post for updated information.
UPDATE 12:13 PM ET: Victory Records has released a statement regarding the lawsuit. Check it out below, and the updated legal documents including Victory's countersuit can also be seen below.
Statement on behalf of Victory Records, Inc.
Dated: December 15, 2011
Recent reports of claims filed by the Victory artist A Day to Remember (ADTR) in litigation presently pending in US District Court in the Northern District of Illinois (a case that was just transferred from Nashville upon Victory’s successful motion based upon improper venue) have misleadingly stated that the principal issue in the case concerns the payment of royalties. The lawsuit, filed shortly after the band hired new management, is really about the band’s refusal to fulfill their 5-album contractual commitment to Victory and their newfound desire to move to a major label. Recycled and often apocryphal stories of misguided and unsuccessful attempts by a few Victory bands to jump ship from the label that put them on the map have one common truthful thread; they always end badly for the band. In those cases, the bands eventually seek reconciliation and often ask to return to the Victory fold after having been disappointed by their post-Victory experiences. Victory is confident that this dispute will be resolved to the satisfaction of both the band and Victory, and that ADTR will continue to deliver great music to Victory in the coming years. Victory continues to honor its commitment to ADTR by placing its significant resources behind the band’s current album, What Separates Me From You, which continues to climb the charts and meet or exceed Victory’s expectations. The band, in the meantime, has enjoyed the benefits of the hundreds of thousands of dollars in record royalties generated from their album sales, which Victory accounts for in full compliance with its contract. Victory's job remains the same- work hard, sell records and abide by our agreements.
UPDATE 3:25 PM ET: A Day To Remember has given Altpress.com an exclusive statement regarding this matter. Read it below.
"A Day To Remember would like to make it clear that they did not announce nor seek any attention regarding their ongoing suit with Victory Records. This information has been public record since May of 2011 and they have no intention of speaking publicly or disparagingly regarding their disagreement with Victory. A Day To Remember will continue to release music for their fans and are looking forward to touring in 2012."
Keep checking this post for more updates.
Victory Statement Re ADTR 12-15-2011 Music