Alabama Band Sues Drummer Mark Herndon

Mark Herndon, drummer for Alabama, is being sued by the other three band members for overpayment of $202,670 generated from merchandise sales during their 2003 American Farewell tour, the Chattanooga [Tenn.] Times Free Press reports. Listing The Group Alabama Inc. as the plaintiff, the lawsuit was filed in nearby Fort Payne, Ala., the band’s hometown and longtime headquarters. The suit alleges Herndon was paid for his share of net merchandise sales before the tour’s final accounting was completed. The suit claims “there were no net merchandise revenues as defined by the contract” once the accounting was finished. It also states that Herndon has demanded a payment of $65,047 as an advance on his share of profits from the sale of The Last Stand, a concert CD that is being sold by Cracker Barrel restaurants. In addition to seeking recovery of the $202,670, the lawsuit also contends that Herndon’s share of future earnings should be withheld until the full amount is repaid. Alabama members Randy Owen, Teddy Gentry, Jeff Cook and Herndon were inducted into the Country Music Hall of Fame in 2005.