Music’s biggest night is turning into music’s most litigious night.
Kramer, who has played with the band for 50 years and came up with its name, was recovering from a spring injury. When he wanted to return, the band insisted he audition for them, and then decided his skills were not up to par.
Aerosmith is scheduled to perform at this weekend’s Grammys. The 69-year-old Kramer sued the band in Massachusetts, claiming they breached his contract by denying him the opportunity to perform.
The judge agreed with the band’s contention that there was no time left to work him in, “given that Kramer has not played with the band in 6 months and the dearth of available rehearsal time before the upcoming performances, Kramer has not shown a realistic alternative course of action sufficient to protect the band’s business interests.”
Aerosmith used a replacement drummer for its Las Vegas residence, but then wouldn’t let Kramer rejoin when he claimed to be ready to resume his duties in November. Kramer said in the legal papers that he “announced his desire to return and formally made himself available to rehearse with the band and to attend the shows,” but that the rest of the band insisted he had to demonstrate that he was “able to play at an appropriate level.”