The lawsuit filed by former Third Eye Blind guitarist Kevin Cadogan will go to trial before a nine-person jury Monday (June 17) in Oakland, Calif. In the fraud and breach of contract suit, which was filed in the U.S. District Court for the Northern District of California about two years ago, Cadogan alleges he is owed approximately $500,000 from the band.
Cadogan, who co-wrote most of Third Eye Blind’s songs with singer Stephan Jenkins, was terminated in January 2000 following a performance at the Sundance Film Festival in Park City, Utah. After a six-year relationship with the band, Cadogan was replaced by the Third Eye Blind’s original guitarist Tony Fredianelli. Cadogan says in the suit that the band had an agreement that no member could be terminated without a “written warning specifying the wrongful conduct.”
According to the suit, the band has withheld Cadogan’s producer, record, and writer royalties since his termination. Cadogan claims that he and Jenkins had an oral agreement to split ownership of the band, yet Jenkins had established Third Eye Blind entities behind his back — 3EB Touring, Inc. and Third Eye Blind, Inc., in which the band’s profits were being divided. Cadogan is seeking lost income, as well as a declaration that re-establishes his ownership rights in the band.
Cadogan is currently working on a pair of projects. A spokesperson says he hopes to release a set of solo material later this year via an as-yet-unknown independent label. He also has a new band, Bully, which is readying material for a West Coast showcase later this summer. Updates will be posted on his official Web site.
Meanwhile, as previously reported, Third Eye Blind will begin a summer tour with Goo Goo Dolls July 29 in Phoenix. The band will release a new Elektra album, “Crystal Baller,” this fall. It will be the group’s first set written without Cadogan.