In his lawsuit, Kramer said his fellow band members deemed his “try out” wasn’t “technically correct” and lacked “energy,” an assessment he strongly disputed. Kramer said after Wednesday's decision he appreciates the band's offer, which he said amounts to “red carpet photo ops.” But he said it's still “extremely hurtful” to know someone else will be playing in his place. "Joey has now waited until the last moment to accept our invitation, when we unfortunately have no time for necessary rehearsals during Grammys week.” “We have missed him and have encouraged him to rejoin us to play many times but apparently he has not felt ready to do so," the statement continues. However he has not been emotionally and physically able to perform with the band, by his own admission, for the last 6 months,” the statement reads. “Joey Kramer is our brother his well-being is of paramount importance to us. There just wasn't enough time to rehearse together for him to play on stage, the band maintained. The band has said previously it invited Kramer to join it for the Grammy events. Representatives for Aerosmith didn't comment on the judge's decision. “I am being deprived of the opportunity to be recognized along with my peers, for our collective, lifetime contributions to the music industry.” “This is not about money,” he said in a statement ahead of Wednesday's hearing in Plymouth, Massachusetts. Singer Steven Tyler, guitarists Joe Perry and Bradley Whitford, and bassist Tom Hamilton have all been recently sidelined with injuries and illnesses and weren’t asked to re-audition for their jobs, Kramer noted in his suit. He argued the “artificial, made-up and undefined” requirement was “insulting and upsetting” because that no other member of the band has been asked to do it before.
Kramer said in his suit that the band required him to earn his job back by performing a series of solo rehearsals to prove he could play “at an appropriate level.”
The 69-year-old Magnolia, Texas, resident had argued the band, which he helped found in Boston 50 years ago, is in breach of contract because it required him to re-audition for his job after an ankle injury last year caused him to miss a chunk of the band's residency at a Las Vegas casino. “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.”
“I knew filing a lawsuit was a bit of an uphill battle,” he said. Kramer said in a statement that he's “extremely disappointed” but respects Gildea's decision.