When Mike Portony unexpectedly departed Dream Theater in September 2010, a series of somewhat acrimonious exchanges between him and the band followed that suggested that his leaving was less than amicable.
Now, Hennemusic is reporting that the drummer filled a lawsuit against the band in the wake of his quitting, claiming that band mates James LaBrie, John Myung, John Petrucci and Jordan Rudess "wrongfully excluded" him from the group and were "wrongfully using the name of the band in connection with [their] recording of an album without the participation or consent of [Portnoy]."
The suit also alledged that the defendants, who as well as the Dream Theater members included assoicated companies YtseJam, Inc. and Infinity Tours, Inc. "are wrongfully using the name of the band in connection with the promotion of live performances by the individual defendants, without the participation or consent of [Portnoy]."
Mike Portnoy has issued his own statement on the events, claiming that he is legally required to remain tight lipped:
"Everyone needs to chill out. Stop feeding into this negative poison on the net... I am legally NOT ALLOWED to speak of business matters, but I'm sure you realize there are two sides to every coin... If I could openly talk about this stuff and explain the REALITY of everything, I would love nothing more!!! But I am legally unable to discuss it... In the meantime, life is bright and positive...I am happy and so are they....so shouldn't YOU be too??? Don't believe the hype...Carpe Diem!"
Meanwhile, Portnoy's former band mates continue to tour with replacement drummer Mike Mangini, who handled rhythm duties on new album A Dramatic Turn Of Events, which was released this week.