Duce was replaced by Jared MacEachern, but claims he still has an interest in the band's partnership and corporation. He also claims his dismissal was a means to secure more money for his bandmates.

In the lawsuit, he states that despite the band earning $2m supporting Metallica followed by $3m on the road in Europe, and despite being entitled to an equal share of income, he was left so penniless that he had to work a day job when Machine Head weren't touring.