Judge drops parts of band founder's Herald lawsuit
Thursday, September 15, 2011

By Travis Andersen
Boston Globe

A Suffolk Superior Court judge has dismissed parts of a defamation lawsuit against the Boston Herald, ruling that the founder of the rock band Boston failed to show that the newspaper published malicious articles about the civil action that he brought against the company last year.

In a ruling yesterday, Judge John C. Cratsley wrote that band founder Tom Scholz "does not say, nor does [he] plead facts to infer, that the sole purpose of the 2010 articles was to defame him and not to inform the public."

An attorney for the Herald, Jeffrey Robbins of Boston, hailed the ruling last night in a phone interview.

"It's a very significant victory . . . for the public and the First Amendment, and for those whose job it is to inform the public [about] what is going on in government, including in the judicial branch" without fear of a retaliatory lawsuit, Robbins said.

Judge rules rocker can't sue Herald over articles written about lawsuit
Wednesday, September 14, 2011

By Joe Dwinell
Boston Herald

In what is being hailed as a victory for the First Amendment, a Superior Court judge dismissed claims today brought by Tom Scholz, the founder of the band Boston, against the Herald over articles reporting on the rocker's lawsuit against the paper.

Scholz is suing the Herald over three 2007 Inside Track columns that he claims imply he drove fellow band member Brad Delp to commit suicide in March 2007. In May of 2010, the Herald published several articles reporting on Scholz's lawsuit and the parties' respective litigation positions in it. Scholz claimed that the Herald's May 2010 articles had defamed him and caused him emotional distress.

Massachusetts Superior Court Judge John C. Cratsley previously ruled that the Herald's articles accurately reported on the litigation. After the case was reviewed by an Appeals Court judge, Scholz argued that the articles were "unfair" and published with "malice."

However, after review, Judge Cratsley reiterated that the articles were not only accurate, but that Scholz had "come up empty handed" in presenting evidence that the articles were unfair or published for a reason other than to inform the public.

Tom Scholz's defamation suit against Micki Delp dismissed
Monday, August 22, 2011

By Laura Collins-Hughes
Boston Globe

A courtroom feud between Tom Scholz, a founder of the band Boston, and Micki Delp, ex-wife of its late lead singer Brad Delp, may have come to an end with a judge's dismissal of Scholz's defamation claim against her. The Boston Herald, however, remains a target of Scholz's lawsuit.

A week after Brad Delp's March 2007 suicide, the Herald ran a story containing comments by Micki Delp, which, Scholz said, implicated him in the death. The story, by the Herald's Inside Track writers, was headlined, "Pal's snub made Delp do it: Boston rocker's ex-wife speaks.''

"According to Micki Delp," the story said, Brad Delp "was upset over the lingering bad feelings from the ugly breakup of the band Boston over 20 years ago'' and "was driven to despair after his longtime friend Fran Cosmo was dropped from a summer tour, the last straw in a dysfunctional professional life that ultimately led to the sensitive frontman's suicide, Delp's ex-wife said.''

Suffolk Superior Court Judge John C. Cratsley on Friday rejected the claim that Micki Delp had defamed Scholz.

Judge dismisses rocker's suit against lead singer's ex-wife
Monday, August 22, 2011

By Joe Dwinell
Boston Herald

A superior court judge has thrown out a lawsuit brought by Tom Scholz, the founder of the rock band Boston, against the ex-wife of the group's longtime lead singer, Brad Delp.

In a 12-page decision, Superior Court Judge John C. Cratsley ruled that Scholz failed to present proof that Micki Delp defamed him and held that Scholz's allegations lacked sufficient evidence to go forward to trial.

Micki Delp is the ex-wife of Brad Delp, the former lead singer for the band Boston who committed suicide in March of 2007. Days after his death, Micki Delp spoke to the Herald's Inside Track about her views of the pressures her former husband was feeling in the period shortly before his suicide.

Scholz filed the lawsuit against Micki Delp, the mother of Brad Delp's children and Delp's close friend until the time of his death, alleging that when she provided her views to the Herald, she blamed Scholz for Delp's suicide.

Brad Delp's Last Verse
Sunday, June 12, 2011

From Rock Hard Magazine
Article by A.J. Wachtel

Special Thanks to: Micki Delp, Jenna Delp, Barry Goudreau, Fran Sheehan, Fran Cosmo, Tim Archibald, Brian Maes, Dave Stefanelli and Muzz

There are a few things we know for certain about Brad Delp: he was "the nicest guy in rock and roll," he loved and cherished his family and friends, he had the voice of an angel, and he left the scene much too early. Now as his 60th birthday approaches, his daughter Jenna has searched out rare unheard tracks of her father's musical life from his own collection and will soon release the material. It's like winning the lottery and then doing something earth shattering: finding unknown and incredible resources and then sharing them with the world. Read on as I ask the people closest to Brad Delp to share their memories of his rare and incredible talent and to shed more light on what made him special.

Rocker ordered to turn over 1,000-plus e-mails in suit
Friday, April 29, 2011

By Joe Dwinell
Boston Herald

An Appeals Court justice has backed a decision issued by Superior Court Judge John C. Cratsley ordering rocker Tom Scholz, the founder of the band Boston, to turn over more than 1,000 e-mails to and from his "business team."

Under that order, issued by Cratsley in January, Scholz was required to produce e-mails to and from his publicist, manager, wife and others whom he claimed were his "advisers" that he had withheld as "privileged" as part of his lawsuit against the Herald.

Cratsley is presiding over the case.

Scholz's legal team fought against the release of the e-mails — including appealing the decision to a single justice of the state Appeals Court.

Scholz's lawyers argued to the Appeals Court that the Herald "painfully" misunderstood the law and that their client could shield communications, including e-mails, sent or received by non-employees whom he characterized as part of his "business team."

However, state Appeals Court Justice Cynthia J. Cohen disagreed, ruling that "the judge committed no legal error or abuse of discretion in ruling that the privilege did not apply" and that the e-mails had to be turned over by Scholz to the Herald's lawyers.

Cohen ruled Wednesday that the requirements of the attorney-client privilege were not met by Scholz.

When, suddenly, the sun was gone
Sunday, February 20, 2011

Brad Delp's voice defined the band Boston; his suicide left a void for bitterness and lawsuits to fill

By Geoff Edgers
Boston Globe

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In his basement, the gawky engineer fresh out of MIT painstakingly recorded layers of guitars, keyboards, and bass until he got it right. But it wasn't until Tom Scholz, the stubborn perfectionist, met Brad Delp, the dark, complicated singer with the soaring voice, that those basement demos came alive.

They became Boston, a band that dominated the FM airwaves through the 1970s with hits such as "More Than A Feeling" and "Don't Look Back." Boston's 1976 debut remains, at 17 million copies, the second biggest-selling in US rock history. It launched Scholz, Delp, and the band's three other members into a world of sold-out arenas from California to Copenhagen.

The sensation of their rise was matched by the bitterness of the breakup of the original five members, who last performed together in 1979. Scholz and the three other musicians, later cast from the band, have battled in the press, courts, and Internet ever since. And no part of the feud has been as ugly as the latest: the fight over who or what caused Brad Delp, the man in the middle, to take his life in 2007.

Never Looking Back: An Interview With Boston's Tommy DeCarlo

By Jeb Wright
Classic Rock Revisited

Boston vocalist Tommy DeCarlo has had a few years to get his feet back down on earth since going from a regular guy working at Home Depot to singing Boston's greatest hits on the band's 2008 tour. Fairytales do happen and dreams do come true and no one knows that more than DeCarlo, who sent a chance email to Boston offering to sing at Brad Delp's tribute concert and ended up becoming the band's lead singer.

During Boston's downtime, DeCarlo produced two singles and released them on the Internet. One song he wrote for his wife and the other he wrote about Brad Delp. In fact, it was the Delp tune that began the process of Tommy's incarnation from home repair guy to rock singer. The tune is titled "A Man I'll Always Be" and Tommy wrote the song only days after Delp's tragic suicide.

Oddly enough, several years prior DeCarlo met Delp after a Boston show in Florida. Neither man knew then the connection that would one day link them together forever.

The interview that follows is an inspiring look into the past, present and future of Tommy DeCarlo.

Judge: Scholz's libel lawsuit vs. Herald goes forward
Friday, September 10, 2010

By Mark Shanahan
Boston Globe

Bad news for the Boston Herald. A judge today rejected the newspaper's motion to dismiss a lawsuit filed against it by Boston rocker Tom Scholz.

Last March, three years after Boston singer Brad Delp committed suicide, Scholz sued the Herald for libel, claiming reporters Gayle Fee and Laura Raposa defamed him by writing that Delp's ex-wife, Micki, blamed Scholz for the singer's death.

"This court finds that Scholz's complaint and the his claim that the defendants' alleged conduct is 'extreme and outrageous,'" wrote Judge John Cratsley in his decision.

Scholz, who is represented by attorney Howard Cooper, contends Fee and Raposa, authors of the tabloid's Inside Track column, attributed statements to Micki Delp that were "false and fabricated."

Scholz vs. Herald Case Judge Ruling
Friday, September 10, 2010

Please note that this is a rendering from a scanned document. As a result, there may be some inaccuracies in the character recognition, changes to formatting, or other errors. To see the originating document, click here (PDF format).









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