Madonna is responding to a class-action lawsuit filed by New York City fans who are angry that her concerts started later than scheduled, claiming that having to “wake up early to go to work” the next day is not his type legal “injury” one can sue.
In a motion filed Wednesday, Material Girl's lawyers urged a federal judge to throw out the case, in which ticket buyers Michael Fellows and Jonathan Hadden accused her of breaking the law by starting three December shows in Brooklyn more than two hours late than planned.
This lawsuit made headlines because the plaintiffs partially justified their claims by arguing that they “had to get up early to go to work” the next day. But in their response, Madonna's lawyers said this is hardly the kind of legal “injury” that could lead to a lawsuit.
“Plaintiffs speculate that ticket holders who left the venue after 1 a.m. may have had trouble getting home or needed to get up early the next day for work,” Madonna's lawyers wrote. “This is not an identifiable injury.”
Madonna's lawyers are unharmed, saying Hadden “expressed” the show in question on social media, posting that the concert was “amazing, as always!” on his Facebook page. “In other words, the concert met or exceeded his expectations.”
A lawyer for the defendants did not immediately return a request for comment.
Fellows and Hadden filed their lawsuit in January, alleging that Madonna and concert giant Live Nation breached contracts with buyers and violated state laws covering false advertising and unfair business practices by starting shows late. The case, a proposed class action, aims to represent thousands of others who allegedly faced a similar experience.
At issue are three concerts at Brooklyn's Barclays Center, stops on Madonna's Celebration tour, originally scheduled for July but moved to December due to the singer's illness. Fellows and Hadden said they expected their show to start on time and “would not have paid for their tickets if they had known the concerts would start after 10.30pm”.
“Defendants failed to inform ticket holders that the concerts would begin much later than the start time shown on the ticket and as advertised,” lawyers for the two men wrote.
But in Wednesday's response, lawyers representing both Madonna and Live Nation said anyone who buys a concert ticket is well aware that the show likely won't start at the exact time listed on the ticket.
“Nowhere did the defendants advertise that Madonna would take the stage at 8.30pm. and no reasonable audience member – and certainly no Madonna fan – would expect the headliner at a major arena concert to take the stage at the time of the ticketed event,” the star's lawyers. He wrote. “Rather, a reasonable concertgoer would understand that the venue doors will open at or before the ticket time, one or more opening acts may play while attendees arrive and head to their seats, and before the headliner comes on stage and the title act will take the stage later in the evening.'
Instead of taking a loss, they say Fellows and Hadden “got what they paid for: a full-length, high-quality show from the Queen of Pop.”
“Plaintiffs do not allege that Madonna's performance was inferior, that her performance was worth less than what they paid for, or that they left the concert before watching her entire performance,” her lawyers wrote. “Indeed, the plaintiffs do not allege any injuries they themselves suffered while spending the night at an 'incredible' concert.”
from our partners at https://www.billboard.com/pro/madonna-response-fan-lawsuit-late-concert-start/
