Can you hear me out there? Jane's Addiction lawsuits allege erratic behavior and loud instruments
Sex. Drugs. Rock ‘n’ roll. Litigation. All pretty run-of-the-mill with some bands. But what’s less common, entertainment lawyers say, is a rock band dispute spiraling into an onstage physical altercation that is captured on camera and circulated on social media. That’s what happened last year, when Jane’s Addiction lead singer Perry Farrell punched guitarist Dave Navarro during a concert at Boston’s Leader Bank Pavilion.
The fight ended the band’s reunion tour and ultimately resulted in a litigation scuffle.
“It’s pretty unusual for band members to be suing each other over an assault that took place on stage,” says Toby Butterfield, a partner in the New York office of Moses Singer with over 30 years practicing entertainment and copyright law. “Obviously, it’s indicative of a band relationship that is breaking down or has already broken down.”
Navarro, drummer Stephen Perkins and bassist Eric Avery filed a complaint against Farrell on July 16, alleging the frontman’s conduct forced the termination of the show, tour and a record deal.
Filed in Los Angeles County Superior Court, the lawsuit alleges that Farrell had been behaving erratically throughout the reunion tour and seeks $10 million in damages.
“As if the pain and humiliation of the onstage attack were not enough, Farrell continued his unhinged barrage of punches backstage,” the lawsuit alleges.
Farrell apologized after the incident in a statement that said, in part, “Unfortunately my breaking point resulted in inexcusable behavior, and I take full accountability for how I chose to handle the situation.”
Later, about an hour after the lawsuit was filed against Farrell, he filed his own action against Navarro, Perkins and Avery, Variety reports. The Los Angeles County Superior Court complaint alleges that Farrell’s bandmates engaged in a bullying campaign, and their actions included playing instruments at a high volume so Farrell could not hear himself sing, according to the complaint.
Farrell’s legal team said in a statement that the lawsuit against Farrell was a “transparent attempt to control the narrative and present themselves as the so-called good guys.”
Christopher Frost, attorney for Navarro, Perkins and Avery, said in a statement that, “if there is a question about what to believe, you can believe the video we’ve all watched.”
Jordan Bromley leads Manatt Entertainment from the Los Angeles office of Manatt, Phelps & Phillips. He says bands that “exist together for longer than a decade” can have “animosities that build up, simmer and then explode.”
Also, according to Bromley, filing a lawsuit can be part of a media strategy and a way get a jump on the narrative in the public. He adds that litigation between band members tends to settle, partly because of the expense of litigation and partly because of media strategy.
“A jury trial of band member against band member is relatively rare,” Bromley says.
Alexis Robinson, a partner in the New York City office of Sheppard, Mullin, Richter & Hampton, is the leader of the firm’s entertainment, technology and media practice group as well as co-leader of the firm’s music industry team. She says that the litigation highlights how Jane’s Addiction and other successful musical ensembles have contractual commitments that can be impacted when there’s a breakdown in the band’s relationships.
“They’re not a bunch of guys in a garage not getting along anymore and not showing up for their gig at a local bar,” Robinson says.
“It’s more complicated,” and there’s more money at stake, she adds. In the lawsuit, Navarro states that he continues to fight “long-term COVID-19 complications,” and terminated his $25,000 per month in disability insurance payments to go back on tour.
Band-related contracts usually have arbitration clauses in part so that “you don’t have the airing of embarrassing details or allegations” in publicly filed court documents, according to Robinson. Arbitrations are confidential.
Another common dispute band members often grapple over—who gets to use the band name going forward and in what manner, according to Jason Karlov. He’s a partner in the Los Angeles office of Barnes & Thornburg.
“There are even some bands who no longer maintain any original members … yet the brand is lucrative, including and especially for touring and merchandise,” says Karlov, chair of the firm’s entertainment, media and sports practice group.
Is there no hope that the original Jane’s Addiction band members can resolve their differences? After all, legendary English rockers and constantly feuding brothers Liam and Noel Gallagher recently reunited Oasis after nearly 16 years for a reunion tour.
“I hope they can kind of take a page from Oasis’ book and get over it. But that may be many years to come,” says Robinson, a Jane’s Addiction fan.
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