The dispute over the song remix erupted in May, and ended up with Burnley firing Fincke and Klepaski via e-mail. In the lawsuit document filed in June, Burnley claimed his two former bandmates signed a deal with
Also, Burnley is entitled, under the band's partnership agreement, to retain exclusive ownership of the band's name. However, Fincke and Klepaski counter backed the statement. They argued that the agreement they made in 2009 about Burnley having permission to dismiss them for "cause" had been invalid since the band took hiatus in June 2010 due to his illness.
Per judge's order, the dispute is going to arbitration.