According to a story in the Hollywood Reporter, Guns ‘n’ Roses singer Axl Rose’s most recent lawsuit against his former bandmate Slash may end up being tossed out of court. Judge Charles Palmer told reporters that he’s inclined to dismiss the case because Rose waited too long to bring his case before a judge.

Rose is currently suing Slash over the guitarist’s appearance in Activision’s Guitar Hero III video game. He first sued Activision, claiming that he only licensed the song “Welcome To The Jungle” to the game developers on the condition that Slash not appear in the game. However, Slash appeared in game advertisements and as a playable avatar, forcing Rose to accuse Activision of breaching their contract with him. It took Rose three years after the game’s 2007 release to file formal complaints against Activision and Slash, which may have been his legal undoing.

Guns ‘n’ Roses fans know that lateness is an ongoing issue with Axl Rose; his band’s fourth album Chinese Democracy famously took fifteen years to be released, by which time Rose had replaced all of the original personnel in the band. More recently, Rose landed in hot water after showing up late to various concerts in the U.K., leaving thousands of fans furious. This time, though, his tardiness may have cost him a pretty healthy payout.