Madonna has responded to the recent class-action lawsuit filed on behalf of dissatisfied fans who were upset that her concerts started later than planned. The pop star's attorneys filed a motion Wednesday urging the federal judge to dismiss the case, arguing that having “trouble getting a ride home” or having to “get up early the next day to go to work” are not cognizable injuries. . Billboard reports.
The lawsuit centers on three January performances that took place in New York. After the concerts, ticket buyers Michael Fellows and Jonathan Hadden filed a complaint in federal court in Brooklyn, alleging that Madonna breached her contract with concertgoers, violated New York state laws, and engaged in false advertising by starting his performance more than two hours later than scheduled. The lawsuit also names Live Nation and Barclays Center, where the shows took place, as defendants.
As part of the initial lawsuit, the plaintiffs said they “would not have paid for their tickets” for a Dec. 13 show “if they had known the concerts would start after 10:30 p.m.,” adding that any notice would not be provided. to ticket holders that the concerts would begin much later than the start time printed on the ticket and as advertised.” They continued to claim damages for having to get up early for work and having trouble finding transportation home.
Madonna's lawyers have taken issue with the lawsuit's reasoning. “Plaintiffs speculate that ticket holders who left the venue after 1:00 a.m. may have had trouble getting a ride home or may have had to get up early the next day to go to work,” Madonna's attorneys wrote. in the new motion. “That's not a recognizable injury.”
The motion also maintains that the plaintiffs left the concerts satisfied, not harmed. Hadden reportedly “raved” about Madonna's performance, posting that it was “amazing, as always.” on her Facebook page. “In other words, the concert met or exceeded her expectations,” Madonna's lawyers say.
“Plaintiffs do not allege that Madonna's performance was deficient, that her performance was worth less than what they paid for, or that they left the concert before seeing her complete performance,” the attorneys wrote. “In fact, plaintiffs do not allege any harm they themselves suffered by spending the night at an 'amazing' concert.”
In response to the false advertising allegations, lawyers for Madonna and Live Nation argued that most attendees understand that headliners often take the stage later than is printed on the ticket.
“Nowhere did the defendants announce that Madonna would take the stage at 8:30 p.m., and no reasonable concertgoer – and certainly no Madonna fan – would expect the headline act of a major concert to take the stage at the stated time. the event,” they said. he wrote in Wednesday's response. “Rather, a reasonable concert-goer would understand that the doors to the venue will open at or before the designated time, that one or more opening acts may perform while attendees arrive and make their way to their seats, and before the main act come on stage, and the main act The act will come on stage later in the evening.”
Despite the uproar, Madonna is still on the road for her “Celebration Tour,” which continues through the end of April. Read our tour kickoff review and get tickets. here. She is also set to perform the biggest show of her career on May 4 at Copacabana Beach in Brazil.
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