Former Breaking Benjamin drummer Jeremy Hummel filed suit against his former band-mates last week saying they unjustly kicked him out of the group and have refused to share profits from songs he helped make. The suit lists eleven counts against guitarist/vocalist Benjamin Burnley, guitarist Aaron Fincke and bassist Mark Klepaski with each count requesting at least $750,000 in damages. The band’s manager, Larry Mazer, and ABC Corporation are also named in the suit.In March 2004 Hummel requested a paternity leave of four to six weeks to be with his wife for the birth of their first child. The band agreed and a substitute was hired. In September 2004, he was kicked out of the band. Hummel does not receive any royalties from “We Are Not Alone” which he co-authored, nor does he receive any profits from the two tracks that were released for the “Halo 2” video game and the “National Treasure” soundtrack.