Victory Records jumped into the publicity fray on Monday as press around the
world began reporting that EMI Music Group was expected to announce a major
rehaul of the company and cut staff the following day. Victory re-filed a lawsuit against EMI's Virgin Records over the labels' relationships with Hawthorne Heights and issued a press release.

"Virgin/EMI improperly induced platinum-selling band Hawthorne Heights to repudiate its contract with top independent label Victory Records, according to a lawsuit filed by the independent company in federal court Monday," the press release states.

Victory's suit was originally filed in November 2006 in federal District Court in Chicago. According to court documents reviewed by Billboard.biz, the parties voluntarily dismissed that suit last July with permission to re-file it. This latest suit is the re-filing of that claim in federal court in New York.

Victory originally sued Virgin after the members of Hawthorne Heights -- Eron Bucciarelli-Tieger, Casey Calvert, Micah Carli, Matt Ridenour and JT Woodruff -- sued Victory in July 2006 to declare rights under their deal, to void the contract and for other legal relief. Victory countersued the band members. The parties are still battling it out in that Chicago lawsuit.

The press release Victory issued this week also states that "the band never recorded for Virgin/EMI for unrelated reasons, [but] the lawsuit notes that 'the Band's relationship with Victory has been irreconcilably cloven' and the damages to Victory had already occurred due to the actions of Virgin/EMI."

When the suit was first filed against Virgin, a spokesperson for the company said, "Although we generally don't comment on litigation and have not seen the suit, we're confident that there is no basis for the suit against Virgin or EMI."

Questions? Comments? Let us know: @billboardbiz

Print