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Daughtry Lawsuit: "It's Not Over"

Image courtesy of Paul Drinkwater/NBC (via ABC News Radio)
Image courtesy of Paul Drinkwater/NBC (via ABC News Radio)

C hris Daughtry can't be too happy that the title of one of his hit songs sums up the status of a lawsuit he's embroiled in: "It's Not Over."

According to the Greensboro News & Record , a U.S. District Court has declined to dismiss a lawsuit filed by Chris' former band mates, and has sent it back to state court.  Originally filed in 2012, the lawsuit claims that some of the songs that Chris released with his band Daughtry were based on music and lyrics from an album he recorded in 2005 with his old band, Absent Element .

Specifically, in court documents, the former band mates -- Ryan Adams, Scott Crawford and Mark Perry --  claim Chris consulted with Mark on writing Daughtry's multi-platinum hit "Home," and that Daughtry's songs “Breakdown,” “Gone” and “You Don’t Belong" feature music and lyrics from a 2005 Absent Element album, Uprooted .

Attorneys for Adams, Scott and Perry always contended that the suit belonged in state court, but Chris' attorney had petitioned for it to be moved to federal court.  When he sent the case back to state court this week,  U.S. District Judge Thomas D. Schroeder said that the petition hadn't been filed "in a timely fashion."  He also said that he couldn't dismiss the case, because if it was being moved to state court, he didn't have the jurisdiction.

When the suit was first filed in April of 2012, Chris posted a statement on his official website , saying, " I am very hurt by these false accusations. The songs listed in this lawsuit were written solely by me and no one else."

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