A judge shut down Aerosmith drummer, Joey Kramer’s suit against the band for not allowing him to perform at this weekend’s MusiCares gala and Grammy Awards.

The judge said, “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.”

Kramer had to take a leave of absence last spring while he recovered from mild injuries and said it was unfair to make him audition to get his job back, considering nobody had ever had to audition before in Aerosmith’s nearly 50 year history.

Aerosmith claimed that his playing was not up to par and it “would be doing a disservice to Joey, to ourselves and to our fans to have him play without adequate time to prepare and rehearse.”

The band also added that it wasn’t happy with Kramer suing them “on the Friday night of the holiday weekend preceding the Grammys with total disregard for what is our limited window to prepare to perform these important events.”


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