The story of Megadeth’s tumultuous history wouldn’t be complete without touching on one of the most public and painful episodes in the band’s legacy: the $18.5-million lawsuit filed by bassist David Ellefson against frontman Dave Mustaine in 2004. The fallout from this legal clash was a turning point, not only in the band’s professional relationship but also in their personal lives. Yet, against all odds, what began as a courtroom confrontation eventually evolved into a powerful story of forgiveness, reconciliation, and healing.
The Lawsuit That Rocked Megadeth
In 2004, two years after Megadeth had disbanded temporarily due to Mustaine’s arm injury, Ellefson filed a multi-million-dollar lawsuit against his former bandmate. At the heart of the legal complaint were allegations that Mustaine had withheld profits from merchandise and publishing royalties. Furthermore, Ellefson claimed that Mustaine reneged on a prior agreement to hand over control of Megadeth Inc. when the band broke up in 2002. The lawsuit demanded a staggering $18.5 million, a sum that reflected not just financial grievances, but also deep personal animosity.
The case was highly publicized and left fans wondering whether the two longtime collaborators would ever reconcile. For many, it appeared to be the final nail in the coffin of a once-thriving partnership that had begun in the early 1980s, when Ellefson moved to Los Angeles and soon teamed up with Mustaine to form what would become one of thrash metal’s “Big Four” bands.
Legal Defeat and Lingering Pain
In 2005, the court dismissed Ellefson’s lawsuit. Not only did the judge throw out the case, but Ellefson was reportedly ordered to cover certain legal costs, a further blow to the bassist’s reputation at the time. Mustaine, reflecting on the ordeal years later, didn’t hide the emotional toll it took on him.
“I was really, really, really hurt by the things that he said about me,” Mustaine revealed in a 2024 interview with Freak Nation. “And I thought, ‘You know what? If I never see him again, I guess I’ll be okay.’” The betrayal he felt was palpable, and many fans assumed the damage was beyond repair.
The Power of Forgiveness
But in a surprising twist, Mustaine and Ellefson’s story took a redemptive turn in 2010. Mustaine recounted a fateful layover in Phoenix, where a spontaneous decision led him to call Ellefson. “For some stupid reason, I called him up and I said, ‘Hey, you wanna have dinner?’” Mustaine said.
That dinner would prove pivotal. Ellefson, by Mustaine’s account, opened the conversation with an apology. “‘I wanna tell you, it was the stupidest thing I ever did suing you, and I wanna apologize,’” Ellefson told him. Without hesitation, Mustaine replied, “‘Dave, I forgive you. I completely forgive you. I love you.’ And it was over like that.”
Ellefson officially rejoined Megadeth in 2010, and together they would go on to record multiple albums, including Th1rt3en (2011), Super Collider (2013), and Dystopia (2016).
Fallout and Final Departure
Despite the healing and reunion, Ellefson’s second stint in Megadeth would ultimately end in 2021 under different circumstances, unrelated to the lawsuit. This time, it involved a scandal stemming from leaked explicit videos and accusations of inappropriate conduct. Mustaine again made the difficult decision to part ways with Ellefson, though he handled the split with a more measured tone than in years past.
While their relationship may never return to the level of closeness they once shared, the resolution of the 2004 lawsuit stands as a powerful reminder of the importance—and difficulty—of forgiveness. Mustaine, who once called himself “really hurt” by Ellefson’s actions, was still able to recognize the strength in letting go of bitterness.
Writer and extreme metal devotee, Ialdagorth has spent over a decade covering the darkest corners of heavy music. A black metal lifer, he spends his free time wandering the Carpathian Mountains, likely humming blast beats to the trees.
