Alleged Defamation Lawsuit Towards TAKING BACK SUNDAY Filed By Ex-Drummer MARK O’CONNELL Surfaces On-line

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Taking Again Sunday‘s Adam Lazzara, John Nolan, and Shaun Cooper, alongside the band’s supervisor, Jillian Newman, have allegedly been named in a defamation lawsuit filed by ex-drummer, Mark O’Connell, who departed the band earlier this yr.

The reported courtroom doc was posted to the r/Emo subreddit by a consumer who then uploaded it in its entirety to Dropbox. You may entry the hyperlink under.

In keeping with the doc posted by the consumer – filed in New York state in late Might of this yr, the doc alleges that false and malicious statements have been made by Lazzara, Nolan, and Cooper that prevented O’Connell from not solely becoming a member of Taking Again Sunday once more after a quick stint in rehab, but additionally from receiving different job alternatives throughout the business.

This comes after an alleged sample of behaviour from Taking Again Sunday who, in accordance with the lawsuit, additionally behaved equally throughout the departure of the band’s founding guitarist, Eddie Reyes, again in 2018. It says that Reyes was informed collectively by Lazzara, Nolan, and Cooper (LNC) that Reyes wanted to enter rehab earlier than re-entering the band, and even when Reyes had accomplished his keep, LNC ignored this and informed him he was now not welcome in Taking Again Sunday.

In keeping with the courtroom doc, in Might of 2024, the identical occurred to Mark O’Connell when LNC didn’t permit O’Connell to hitch the band on the summer season portion of the tour. Allegedly, LNC falsely claimed that O’Connell was battling medication and alcohol and affected by schizophrenia, and required him to enter rehab earlier than becoming a member of Taking Again Sunday on their summer season leg. And even regardless of the false nature of those claims – O’Connell says was a yr sober at this level – he started usually taking breathalyzer and drug checks 3 times a day to show he was sober. He submitted these to the band with no obvious response. O’Connell is adamant he doesn’t have schizophrenia and refused to be handled for it, which LNC, in accordance with the lawsuit, LNC reportedly took problem with.

Regardless of having the ability to show his sobriety and his frame of mind, the band supposedly additional ignored his makes an attempt to succeed in out and rejoin Taking Again Sunday, and as a substitute informed him they needed him to be handled even additional for schizophrenia, to which O’Connell denied to enter an pointless program. Lazzara, Nolan, and Cooper then allegedly informed O’Connell they needed to half methods with him, in opposition to his needs.

In keeping with the doc, Cooper, Nolan, Lazzara, and Newman (the band’s supervisor) then prepare a ‘smear marketing campaign’ through which the band tells ten completely different folks numerous allegations in opposition to O’Connell saying that he was “abusing medication, “delusional,” “a menace to himself and others,” “a deadbeat dad,” “suicidal,” “hooked on medication,” “having a psychological breakdown,” “a legal responsibility to have on tour,” “a drug addict,” and “schizophrenic.” O’Connell is submitting his defamation case on these statements made to outsiders, two of which have been O’Connell‘s father himself and his ex-wife’s divorce legal professional, who used these claims of their divorce and custody hearings, impacting the custody he has of his youngster and harming his means to usually see his youngsters.

O’Connell additionally claims to have misplaced out on two separate enterprise alternatives due to the slanderous statements, and that LNC have been conscious that what they have been saying was certainly false.

And due to all of those alleged acts, the lawsuit entails:

  • Rely One –Defamation (in opposition to all named defendants),
  • Rely Two – Breach of Contract (Taking Again Sunday members solely),
  • Rely Three – Breach of Fiduciary Responsibility (Taking Again Sunday members solely),
  • Rely 4 – Tortious Interference with Potential Financial Benefit (all defendants listed),
  • Rely 5 – Accounting (Taking Again Sunday Members Solely).

The courtroom doc stories that damages are to be decided at trial, however should consider “normal, particular, consequential, precise, punitive damages, and curiosity.” The decision of this case could be that Lazzara, Nolan, Cooper, and Newman – or any events even associated to them – might not focus on, or slander, Mark O’Connell any additional, in addition to retract all statements publicly.

The second a part of this lawsuit focuses on supposed cash not paid by Taking Again Sunday to Mark O’Connell for touring finished in 2024 earlier than the summer season leg, and a part of the decision for this case could be to entry Taking Again Sunday‘s monetary information to confirm what O’Connell is allegedly owed, whereas additionally paying for O’Connell’s legal professional charges and prices, along with another compensation the courtroom sees match.

The lawsuit was filed by Mark O’Connell and his legal professional, David Fish. David Fish is an legal professional with a specialty in leisure regulation out of New York Metropolis. His identification was verified with a view to assist confirm the validity of the courtroom paperwork, which you’ll see right here.

Taking Again Sunday and Mark O’Connell haven’t commented publicly, and there’s no phrase as as to if or not this lawsuit has been resolved within the final two months.

This example is at present unfolding.

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