Following a dispute with Victory Records (who allegedly logged onto the Hawthorne Heights
MySpace, urging fans to go to record stores and hide copies of the band’s closest competition on the Billboard 200, R&B artist
Ne-Yo‘s album
In My Own Words), Hawthorne Heights broke off from the label in late 2006. The move sparked a number of lawsuits from both sides, with a federal judge eventually ruling in late 2007 that Hawthorne Heights could release albums on other labels, as long as they eventually deliver two more albums for Victory sometime in the future as per their original contract.
Although Hawthorne Heights patched up their relations with Victory and has since returned to the label, disaster struck in late 2007 when longtime guitarist and background singer Casey Calvert died suddenly died while on tour, the result of a fatal reaction between a pain medication and an antidepressant - both legally prescribed. The band has announced that they do not intend to replace Casey, and will still include some of his recordings postmortem on their third album, which they hope to release sometime in mid 2008.