All That Remains have filed a lawsuit against Oli Herbert’s widow Elizabeth Herbert. The band made the move after accusing the late guitarist’s wife of holding up royalty payments and making broad ownership claims.
According to Blabbermouth, the lawsuit was filed in United States District Court for the District of Connecticut and it says Elizabeth “has made various claims” against frontman Philip Labonte, guitarist Michael Martin and drummer Jason Costa. This includes allegations claiming that the bandmates “were stealing from her and using her late husband’s recordings without permission.” She was also said to have “disparaged [them] on social media, threatened to report the Band to various federal, state and local authorities, claimed the Band had committed crimes, threatened to sue the Band in multiple jurisdictions, and falsely claimed that she had sued the Band.”
The lawsuit also referenced “a Facebook post from August 16, 2021 regarding a YouTube video of the song ‘This Probably Won’t End Well'” in which she called herself “a co-owner of the Band’s ‘entire catalog.'” She also allegedly “asserted various claims against Concord Music” regarding their recording and songwriting agreements with All That Remains, which include “a continuing obligation to pay record and publishing royalties” to the band and Oli’s estate.
Labonte, Martin and Costa also added that Elizabeth “publicly posted about her desire to assert claims against Concord Music and crowdsourced suggestions for ‘what state agency’ to complain to about ‘the record company [that] is holding $$S owed to the Estate.'”
Notably, Concord Music “initially advised Plaintiffs that it refused to pay the Band any royalties until such time as the dispute is resolved.” However, they “ultimately agreed, as an accommodation, to pay the royalties due for the period ending December 31, 2021 to the Band, provided that the Band agreed to hold Oli’s percentage interest in such monies in escrow.” The lawsuit continued:
“In early October 2022, the Band received another royalty statement from Concord Music for the semi-annual accounting period ending June 30, 2022, but did not initially receive payment of any royalties despite such statement reflecting that royalties were due. After some discussion, Concord Music again agreed, as an accommodation, to pay the royalties due for the period ending June 30, 2022 to the Band provided the Band agreed to hold Oli’s percentage interest in such monies in escrow. However, notwithstanding these ‘accommodations,’ Concord Music has advised Plaintiffs’ representatives that Concord will not release any further royalties (including the anticipated royalties to be paid to the Band for the period ending December 31, 2022) due to the Band members — not just Oli’s share of such royalties — until such time as Concord Music receives a letter of direction signed by the Estate and the Band with respect to payment instructions for Oli’s share of the Recordings and Compositions.”
Labonte, Martin and Costa went on to say that they “have held, and continue to hold, Oli’s share of the Band’s royalties for the periods ending December 31, 2021 and June 30, 2022 in escrow and are ready, able and willing to pay such monies to the Estate.” The band also added:
“Given the circumstances, and to provide the Estate greater security that it would be paid timely and accurately, Plaintiffs have sought to arrange for Defendants to receive direct payment of Oli’s royalties from Concord Music, rather than having the money flow through the Band’s accounts and have the Band account to the Estate. In order to effectuate direct payment of Oli’s royalties to the Estate, and as is customary in the music industry, on or about May 24, 2022, the Band asked Ms. Herbert to execute a letter of direction to Concord Music effective as of April 25, 2022 identifying Ms. Herbert and/or the Estate as the new payee for Oli’s share of the Band’s record royalties and music publishing royalties from the Recordings and Compositions, respectively. Ms. Herbert refused to sign the proposed letter of direction.”
Elizabeth allegedly told Labonte, Martin and Costa that “she would not sign the proposed revised letter of direction and stated that she ‘cannot in good faith sign anything presented to [her] without a judge overseeing the process.'” The following was also added:
“Ms. Herbert also published a post on Facebook on October 14 confirming that she had sent an email to the Band’s attorney ‘telling him never to contact me again or ask for my signature on a document’ and indicating that she ‘will NEVER sign anything.'”
Labonte, Martin and Costa are currently seeking a declaration saying that “Oli and/or the Estate has a 27% interest in” the recordings and that Oli’s estate “must execute the requested letter of direction to Concord Music in order to conclusively and finally resolve any withholding of royalties to the Plaintiffs by Concord Music.” They also want the court to order Concord Music to “pay all monies due and owing to Plaintiffs in respect of record and/or music publishing monies to Plaintiffs” and to “pay all monies due and owing to Oli and/or the Estate in respect of the Recordings and Compositions to Defendants.”
As previously reported, Oli passed away in October 2018 and police have been investigating his death as suspicious. His body was found in a pond near his home in Stafford Springs, Connecticut and he had unprescribed antidepressants and sleeping aids in his system. Elizabeth also later revealed that his death was the result of drowning by issuing an odd sounding statement.
One week before Oli’s death, the guitarist also signed a will making Elizabeth the sole executor and benefactor. It also said that his sister Cynthia Herbert was not allowed to become executor or receive anything from his estate and that Elizabeth would get all “property as well as any current or future earnings.”
Labonte previously expressed frustration with the lack of an arrest in Oli’s death, while seemingly referencing Elizabeth, who he previously called a “garbage human being.” He also revealed that the band couldn’t do anything with Oli’s name on it due to the financial dispute between them and Elizabeth. This includes benefits that the group wanted to do in his honor.
For her part, Elizabeth claimed that she had nothing to do with Oli’s death.