Judge warns one iconic rock band their overconfidence could cost them millions

This could go very badly.

The HISTORY Channel
The HISTORY Channel | Amy Sussman/GettyImages

KISS did not handle their tour correctly after Gene Simmons came down with COVID-19, according to a lawsuit brought forth in February 2023 by former wig roadie David Mathews. The band did have crew complain about working conditions and how safe they felt after guitar tech Fran Stueber passed away from the illness during the band's tour. Mathews' major gripe appears to be how close he had to work to Simmons.

The other issue is that Mathews has worked with the band for nearly three decades, so one might assume that KISS and Mathews had a good working relationship. Otherwise, the partnership would have ended long ago. The way it ended was brutal for Mathews, though, and possibly unfair.

Mathews claims that KISS manager Don McGhee terminated Matews after reports surfaced that some of the band's road crew had spoken to the media about the working conditions. Mathews says he was not one who spoke with the press, however. Still, his lawsuit, which is set for trial beginning January 6 in Los Angeles County Superior Court, says he was "mistreated" and wrongfully fired.

Lawsuit could cost KISS millions of dollars

The lawsuit could likely go either way, of course, as neither party has a clear advantage. During a hearing on Friday, L.A. County Superior Court Judge Armen Tamzarian warned the attorneys representing KISS to settle out of court, though. The judge was not sure which side would win the case, but if the band loses, then they will lose millions of dollars.

Tamzarian was also concerned that he thought attorneys on both sides were "overconfident" in their positions. Settling out of court might make KISS look guilty of mistreatment, however, so there was no immediate response to the judge's recommendation.

Tamzarian had questions about both arguments. Was Mathews truly a contractor instead of an employee after 30 years of working with the band? The judge was not buying that, he said.

As far as Mathews, Tamzarian wondered if Mathews' complaint about Simmons not wearing a mask after his stage makeup had been applied was valid. Wouldn't the mask affect how Simmons appeared in concert? Either way, KISS is taking a risk by not settling, though at least for the band, they are wealthy enough to dole out millions and still have a lot of money left for themselves.

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