Case involving the band’s ex-hairstylist suing for wrongful termination “could swing dramatically one way or the other

A judge is urging Kiss rockers Gene Simmons and Paul Stanley, music manager Doc McGhee, and Kiss’ touring company to consider settling a lawsuit brought by the famed band’s longtime wig stylist over alleged mistreatment on tour.

The lawsuit, first filed in February 2023, alleges Kiss deprived plaintiff David Mathews of overtime wages and adequate breaks and then wrongfully terminated him in 2022 after he voiced concerns about the band’s COVID protocols surrounding pandemic-era shows. After nearly two years of wrangling, a trial is set to begin Jan. 22, 2025.

“The first time I saw this lawsuit, it was clear both sides had very serious risks. If this goes to trial, it would not surprise me if Mr. Mathews got nothing. It would not surprise me if he made a big pot of money. This is the kind of case any rational person would settle. There’s big risk this could swing dramatically one way or the other,” Los Angeles County Superior Court Judge Armen Tamzarian told the lawyers on both side during the Friday hearing. “This is a tough case for plaintiff to win, but if he wins, there are deep, deep pockets there, and there could be a big result.”

Judge Tamzarian spent 20 minutes hearing arguments but declined to issue a ruling Friday on Kiss’ request that he reject all six causes of action for being allegedly defective. “The issues are complicated. I don’t know what I’m going to do with this,” the judge said. With no immediate decision, the only thing that seemed clear Friday was that some portion of the lawsuit was expected to proceed. “You’re both overconfident in your positions,” he warned the dueling lawyers.

During the 20-minute hearing in downtown Los Angeles, a lawyer for Kiss argued Mathews was an independent contractor not protected by California law while traveling on tour. Attorney Jennifer Raphael Komsky conceded Kiss played 11 shows in California during the time in question, but she argued the underlying lawsuit focused on alleged incidents in Illinois and South America, not California. She said the laws in those locations applied.

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