There have been countless incidences of band members falling out with each other over the years, but few of them have entailed a musician launching a legal bid to be able to rejoin his bandmates.

That's what Aerosmith Joey Kramer resorted to. The dummer and founding member of the rock act missed most of their Las Vegas residency in 2019 because of an ankle injury.

When the 69-year-old went to take his place, he was told that he had failed to prove that he could play "at an appropriate level" and was told that he'd have to audition for the band that he helped to form over fifty years ago.

He launched a legal bid to be reinstated as their drummer ahead of their Grammys performance this week, but it has been dismissed by a judge, who said in his ruling: "Given that Kramer has not played with the band in six months and the dearth of available rehearsal time before the upcoming performances, Kramer has not shown a realistic alternative course of action sufficient to protect the band’s business interests."

Kramer told Rolling Stone: "Although I’m extremely disappointed by the judge’s ruling today, I respect it. I knew filing a lawsuit was a bit of an uphill battle considering that the corporate documents don’t reference any process for a band member returning from an injury or illness.

“However, the band waited until January 15th to tell me that they weren’t letting me play at the awards ceremonies this week. I can hold my head high knowing that I did the right thing – to fight for my right to celebrate the band’s success that I have dedicated the better part of my life to helping build.

"The truth speaks for itself. Ever since I injured my foot last August and went through many hours of physical therapy to heal, not once did the band in its entirety offer to rehearse with me. That is a fact.

“I was also sent the full rehearsal schedule on January 18th and flew to L.A. the next day to rehearse and have many texts and emails stating the band can’t wait for my return. That’s also a fact. When I showed up to rehearse, I was greeted by two security guards who prohibited me from entering.”

The band have not yet made an official comment on the matter.