Joey Kramer can dream on if he thought he could force his Aerosmith bandmates to let him perform on Sunday’s Grammy Awards.
A Massachusetts judge on Wednesday tossed out a lawsuit the 69-year-old drummer filed last Friday accusing Steven Tyler, Joe Perry, Tom Hamilton and Brad Whitford of preventing him from rejoining the group.
Kramer took a break from Aerosmith last year following an ankle injury.
“Given that Kramer has not played with the band in six 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,” read the ruling by Judge Mark Gildea.
In a statement, Kramer acknowledged he was fighting “an uphill battle” and said he is “extremely disappointed” by the decision.
MORE: Aerosmith Drummer Joey Kramer Sues Bandmates
Aerosmith will be honoured with the 2020 MusiCares Person of the Year award Friday at the Los Angeles Convention Center and will perform a medley of hits at the Grammys on Sunday.
Kramer, a founding member of the band, said he had to audition this month to earn his spot back, despite there being nothing in Aerosmith’s contract requiring them to “take any action to ‘prove’ or otherwise demonstrate his ability to perform after a period of temporary disability.”
Kramer claimed after his Jan. 15th audition, without the band present, he was told he lacked the “energy” needed and that his playing wasn’t “technically correct.” The lawsuit alleges he was told he didn’t perform as well as his replacement, his drum tech John Douglas.