Dayton, OH quintet Hawthorne Heights have their hands full these days, what with announcing a new headlining tour, preparing for their third album and, oh yeah, battling their former label (and others) in court.

According to, the band’s infamous split with Victory Records and president Tony Brummel, and the ensuing lawsuit has put the kabash on their attempts to start work recording a new album, for which they have 25 songs already written. Said drummer Eron Bucciarelli of the situation,

"It’s not really a matter of us being prepared. It’s a matter of us working out some of our (legal) situation right now. Once we get that resolved, we’re gonna be in the studio as soon as possible."

Hawthorne Heights left Victory back in August 2006 and subsequently sued them for damaging their reputation and relationship with their fans. Brummel countersued the band and Virgin Records (who he claims was trying to steal the band away from the label). Adding to the legal free-for-all is the band’s former management firm, Wild Justice, which is suing for breach of verbal contract.

A federal court judge has said that the band is free to record with another label as their contract with Victory does not explicitly prevent them from doing so, however Victory is still owed two more records.