311 Prep New Songs Despite Label Battle

Despite an ongoing legal battle to get out of a contract with their label, 311 plan to record the follow-up to last year's Soundsystem in December, according to the band's management.

A Los Angeles Superior Court judge dismissed the band's suit against Capricorn Records on Monday, ruling it should be argued in Tennessee, the state where the label was based when it put 311 on contract. In the suit, the band said the label hurt its career by failing to provide marketing and promotion for its recent albums, and complained that the company had bounced between three different record label partnerships and four different record distributors (see "311 Files Suit Against Record Label").

Co-manager Peter Raspler said 311 plan to refile the suit in Tennessee.

But the suit might be affected by the possibility of more changes at Capricorn. The Volcano label has signed a letter of intent to take over Capricorn,

Capricorn Vice President Mike Bone said.

"If Volcano does buy Capricorn," band co-manager Adam Raspler said, "the most likely scenario will be that Volcano comes to us and negotiates a new deal in exchange for dropping our lawsuit."

In the meantime, 311 are working on new material. The band has close to 20 songs in development, including five new ones — "Sick Tight," "We Do It Like This," "Full Ride," "You Wouldn't Believe" and "From Chaos" — it is performing on a 35-date tour it launched October 10, Peter Raspler said.

After ending the tour — their fourth trek supporting Soundsystem — on November 22, 311 again will enter the studio with veteran producer Ron Saint Germain, the man at the controls for the group's 1995 self-titled album, which spawned the hit "Down."