Mastodon have filed their first legal response in the Mastodon Brent Hinds lawsuit, asking a judge to dismiss part of the case brought by the late guitarist’s estate. Surviving members Brann Dailor, Bill Kelliher and Troy Sanders made the filing in Atlanta on Monday, Nov. 2, according to Billboard, which obtained it and reported it first.
The motion does not ask the court to throw out the whole case. It seeks dismissal of specific claims, or parts of claims, that the band’s lawyers argue fail as a matter of law. The remaining disputes, including how much the estate is owed, would still go forward.
What the Mastodon Brent Hinds Lawsuit Is About
Hinds’ father, Billy Hinds, filed the suit on behalf of the estate in September. According to Rolling Stone, the complaint alleged that Hinds had not legally formalized his exit from Mastodon by the time he died in August 2025. Rolling Stone notes that Hinds and the band “mutually parted ways” in March 2025.
The estate is seeking to cash out Hinds’ 25% stake in the band’s business. Rolling Stone reports that the band gave the estate an $80,000 check to represent Hinds’ share as a buyout, and that the estate refused to cash it. Billboard says the family argues the amount was far too low.
Hinds died in a motorcycle crash in Atlanta at 51. Billboard notes he was negotiating the terms of his exit at the time, with no final paperwork signed, and that he had disputed that the split was mutual. “They kicked me out,” he wrote in an Instagram comment a week before his death.
What Mastodon’s Filing Says
Billboard quotes the filing on Hinds’ place in the band: “His contributions to the band’s legacy are undeniable, and his death was a profound loss. None of that is in dispute.”
It goes on: “But honoring Hinds’s legacy does not require rewriting the agreements governing his business interests or imposing obligations on his former bandmates that Georgia law does not recognize.”
The band wants the counts for breach of fiduciary duty and conversion, a legal term for theft, removed. Billboard reports their position is that even if the estate is owed more money, it is a contract matter. Rolling Stone adds that the filing argues the members should not be personally liable because Mastodon is a limited liability company, and that a buyout offer from one of the band’s companies was not a binding obligation.
On price, Rolling Stone quotes the filing: “The Complaint cannot allege an agreed purchase price — it does not even allege that Hinds offered a purchase price when he requested to be bought out.”
The Marrow Deep album cover
The estate also alleges that the cover of Mastodon’s August 2026 album, Marrow Deep, used Hinds’ likeness without permission. The band asks the judge to dismiss those claims too. Billboard says Mastodon argue the suit uses a technically flawed legal claim on that point. Rolling Stone reports the band dispute that they owe the estate money over the artwork.
“These distinctions matter,” the band’s lawyers wrote, according to Billboard. The motion continues: “Defendants therefore seek dismissal only of those claims, or portions of claims, that lack a legal basis on the face of the complaint. The parties’ remaining factual and contractual disputes — and the truth — will be addressed in due course.”
Responses So Far
Rolling Stone says a Mastodon rep had no comment and that Billy Hinds’ lawyer did not immediately reply. Billboard says reps for both sides did not immediately respond. Metal Injection also covered the filing.
When the suit became public in September, the band responded, per Rolling Stone: “Sadly, a private business dispute with the estate of our dear departed friend Brent Hinds was made public.”
The statement continued: “We strongly deny allegations of ill intent on our part and intend to vigorously defend what we believe is a meritless lawsuit.”
Mastodon played The Sound at the Del Mar Fairgrounds on Oct. 11, as covered in our Mastodon Del Mar show preview.
What Happens Next in the Mastodon Brent Hinds Lawsuit
The judge has not ruled on the motion. Neither side’s arguments have been tested in court, and the band’s filing says the factual and contractual disputes will be addressed later. SDMETAL will follow the Mastodon Brent Hinds lawsuit as it moves forward.
