According to Metalsucks, attorneys from both sides met today (January 3) to argue motions to dismiss and Justice Melissa Anne Crane heavily indicated throughout that their requests to dismiss will be denied.
Fehn’s lawsuit is against two different versions of Slipknot, Inc., both in New York and Los Angeles. It’s also against Knot Merch LLC, Knot Touring LLC, SK Productions, LLC; Knot Touring LLC, Crahan, Taylor, manager Robert Shore and Shore’s law firm, Rob Shore & Associates, Inc.
While the majority of the back and forth has been among lawyers, back in July, Shore requested that Fehn’s lawsuit be thrown out. Shore also requested that he be removed from the lawsuit, denying that he did anything wrong.
Fehn responded by urging the judge to continue moving forward against all parties, including Shore. The manager then filed a motion requesting for dismissal yet again.
Now, it looks like Justice Crane will be siding with Fehn. An attorney for the defence argued there was no partnership, implied or otherwise, between Slipknot and Fehn. The plaintiff’s attorneys countered by saying whether or not Fehn was included in the partnership, the business became the domain of those corporations when formed. Crane sided with Fehn’s argument.
“My initial reaction is that it’s a valid theory in the alternative. It may not be articulated in the way I’m most familiar with but that doesn’t mean it’s wrong. Deny motion to dismiss. The partnership became the New York entities, like successor liability in an asset purchase.” She added, “I need to see it [further]. It may be enough. It’s not whether the plaintiff stated a [particular] cause of action but whether they have a cause of action. It stays.”
On Crahan and Taylor’s request for dismissal, she also sided with Fehn. While Justice Crane did not indicate from the bench whether that motion would proceed, she discussed details for document discovery at a conference after indicating the case will move forward.
No further dates have been scheduled for hearings but a scheduled compliance conference date for June 18 means nothing significant will come for a while.
What do you think of Slipknot’s dismissal request being denied? Let us know your thoughts in the comments below.