Joey Kramer drummed out of Grammy's performance. Aerosmith's drummer has lost the lawsuit he filed in an effort to secure his place behind the band when it performs during the Grammy Awards show and the MusiCares Person of the Year ceremony the night before. A court ruled that his filing was unlikely to prove that the defendants had breached "...the covenant of good faith and fair dealing".
Kramer issued a response to the decision to CNN reading, "I knew filing a lawsuit was a bit of an uphill battle considering that the corporate documents don't reference any process for a band member returning from an injury or illness." He said he will respect the band's decision and the ruling of the court, but voiced disappointment that the group gave him so little advance notice and added, "I can hold my head high knowing that I did the right thing - to fight for my right to celebrate the band's success that I have dedicated the better part of my life to helping build."