Judge Tells KISS To Settle Lawsuit With Former Crew Member or Risk Paying “Big Pot of Money”

With a career dating back to the 1970s, KISS decided to end their time on the stage with one last show in New York City back in December 2023. Although marking the end of an era, the band promised that they would continue to entertain fans all over the world thanks to a new digital avatar concert. Although gaining both praise and backlash, KISS recently grabbed the spotlight once again when a judge urged them to settle a lawsuit before it went to trial as he promised it might not end in the band’s favor. 

Back in February 2023, a former crew member of KISS, David Matthews, filed a lawsuit against the band due to not following pandemic recommendations. Spending nearly 30 years with the band, Matthews’s only job centered around taking care of the band’s hair. The former crew member explained the band forced him to work with Gene Simmons when the star suffered from illness. Matthews also stated that manager Doc McGhee fired him for reports surfacing about the crew’s concerns about precautions. 

[RELATED: KISS’ Gene Simmons and Paul Stanley Share Message to Fans, Recap Video on One-Year Anniversary of Band’s Final Concert]

KISS Suggests Former Crew Member Was A Contractor Not Employee

Looking over the case, L.A. County Superior Court Judge Armen Tamzarian told Rolling Stone, “The first time I saw this lawsuit, it was clear both sides had very serious risks.” Not stopping there, the judge warned, “If this goes to trial, it would not surprise me if Mr. Mathews got nothing. It would not surprise me if he made a big pot of money. This is the kind of case any rational person would settle. There’s big risk this could swing dramatically one way or the other. This is a tough case for plaintiff to win, but if he wins, there are deep, deep pockets there, and there could be a big result.”

While not sure how the case would play out in court, the judge admitted that KISS tried to claim Matthews was only a contractor and not an employee. But the judge wasn’t buying it. “I’m not so sure I’m buying that argument. Let’s say he had his own hair studio in Beverly Hills, and every time they went on tour, they went to him and he fixed up their hair. That’s one thing. [But] he didn’t have his own hair studio. He didn’t cut anybody else’s hair. All he did for a couple years was cut the hair of these guys. He had some side gigs, but they weren’t side gigs in hair.”

If not settled, the case will go in front of the judge on January 6, 2025.

(Photo by Kevin Mazur/Getty Images for Live Nation)