box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Rush Guitarist Fights at the Ritz
Highest Court Eleventh Circuit
Year Ended 2008
Plaintiffs Business Entity of Artist(s)
Family of Artist(s)
Music Manager(s)
Music Promoter(s)
Music Publisher(s)
Record Label(s)
Rush
Defendants Place of Public Accomodation
Security Guard(s)
Other No Other parties on file
Short Description At a New Year's Eve party at a Ritz Carlton in Florida, Rush guitarist Aleksandar Zivojinovich (better known as Alex Lifeson) and his son, Justin, acted distruptively and were ejected by police officers at the hotel's request. Alex and Justin were admittedly acting inappropriately at the event, but hotel staff exaggerated the story to police officers in an attempt to have them removed. After being asked to leave, the situation escalated, ending in both Alex and Justin getting "tazed," and Alex receiving a broken nose. Both pleaded no contest to restisting arrest without violence, but then a flurry of lawsuits followed, brought by the officers against the Zivojinoviches and by the Zivojinoviches against the officers and the Ritz. Even Rush joined the suit, alleging Alex's injuries were detrimental to the band's business. The court disposed of all counts except one: Alex and Justin's negligence claims against the Ritz. Because hotel staff had lied to police officers to instigate the duo's removal, the court held that the hotel had breached a duty "not to lie," and that the staff's breach increased the risk of injury to the Zivojinoviches. Because hotel staff may have breached their duty, the hotel could be vicariously liable as well. Alex and Justin's actions against the officers for unconstitutionally excessive force were dismissed; the officers had acted appropriately, at least, perhaps, given the inaccurate reports they'd received from the hotel personnel. Rush's cause of action didn't even exist, and the band had no standing. According to the court's summary, all parties acted a bit out of line, so the outcome doesn't seem too unfair. - LSW

Legal Issues
Constitutional Law Fourteenth Amendment State Action
  Fourth Amendment Search & Seizure
Torts Intentional Torts Assault & Battery
    False Arrest/Imprisonment
    Malicious Prosecution
  Negligence Personal & Emotional Injury


Opinions Zivojinovich v. Ritz Carlton Hotel Co., LLC
525 F.3d 1059
Eleventh Circuit , April 23, 2008 ( No. 07-11903 )


Zivojinovich v. Ritz Carlton Hotel Co., LLC
445 F.Supp.2d 1337
M.D. Florida , August 01, 2006 ( No. 2:05-cv-263-FtM-29SPC )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Business Entity of Artist(s) ( Plaintiff )
Family of Artist(s) ( Plaintiff )
Music Manager(s) ( Plaintiff )
Music Promoter(s) ( Plaintiff )
Music Publisher(s) ( Plaintiff )
Place of Public Accomodation ( Defendant )
Record Label(s) ( Plaintiff )
Rush ( Plaintiff )
Security Guard(s) ( Defendant )

Legal Issues
Constitutional Law / Fourteenth Amendment / State Action
Constitutional Law / Fourth Amendment / Search & Seizure
Torts / Intentional Torts / Assault & Battery
Torts / Intentional Torts / False Arrest/Imprisonment
Torts / Intentional Torts / Malicious Prosecution
Torts / Negligence / Personal & Emotional Injury

Courts
Eleventh Circuit (highest court)
M.D. Florida


permalink to this entry