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1. Amr Diab's Concert Cancelation
Highest Court D. New Jersey
Year Ended 2009
Plaintiffs Music Promoter(s)
Defendants Diab, Amr
Individual(s)
Music Promoter(s)
Talent Agent(s)
Other No Other parties on file
Short Description Plaintiff is a small-time New Jersey promoter of Middle Eastern acts, according to the court, who alleged he entered an oral contract with Diab's agent for a performance, which was later breached with Diab contracted with another promoter, who is also Defendant in this litigation (for interfering with Plaintiff's contract). After several holdings regarding initial matters (the court denied Plaintiff's requests to amend his complaint and dismissed one count without prejudice), the court granted summary judgment for Defendants on all counts. Plaintiff had only asserted there was a contract, but assertions are not evidence. In fact, all available evidence (including Plaintiff's summary of the vague agreements they reached), indicates there was no contract. Thus neither Diab, his agent, nor any other promoter alleged to have "interfered" with Plaintiff's contracts are liable. - LSW


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2. Suit Over Fogerty's Canceled Gig
Highest Court W.D. Texas
Year Ended 2009
Plaintiffs Music Promoter(s)
Defendants Music Promoter(s)
Other No Other parties on file
Short Description John Fogerty's tour company booked a show with Plaintiff in Sturgis, South Dakota, but the concert was canceled due to "storm of biblical proportions." Fogerty had been advanced $300,000 before the date of the concert, but refused to return the money after the show failed to occur as planned, since he'd been in South Dakota, ready, willing, and waiting to perform. The parties disagreed as to the nature of the contract, Fogerty believing the $300,000 was nonrefundable unless he'd breached the contract himself. Plaintiff sued for breach of contract and unjust enrichment. Fogerty countered with numerous motions, seeking to dismiss for lack of personal jurisdiction, to compel arbitration, and others. Plaintiff was a Texas-based company, seeking to hail Fogerty and his entities to Texas. Ruling on the jurisdictional question, the court followed Fifth Circuit law, which held that merely contracting with parties within a jurisdiction--without any further contacts--is insufficient for personal jurisdiction. Since the show was scheduled for South Dakota, none of Defendants' duties were to be performed in Texas, and the only contacts with the forum were the contracts entered by Plaintiff while in the state, the court held Fogerty's camp did not establish "minimum contacts" with Texas and did not "purposefully avail" themselves of the state's laws and benefits. Jurisdiction denied. - LSW


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3. McClinton's Weather Cancelation
Highest Court Court of Appeals of Minnesota
Year Ended 2009
Plaintiffs Music Promoter(s)
Defendants Insurer(s)
Other McClinton, Delbert
Short Description Plaintiff is a promoter of concerts and, relevant to the case at hand, promoted a Delbert McClinton concert for which Defendant was the "weather" insurer. When bad weather forced the concert to end early, Plaintiff sought to compel Defendant to cover losses from refunded tickets, etc. In the case of "abandonment" of a concert, Plaintiff's contract only covers the first 50% of the expected run of the program. Here, the cancellation of the concert occurred after coverage lapsed. - LSW


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4. Who Owns "Expose" Mark?
Highest Court S.D. Florida
Year Ended 2009
Plaintiffs Music Producer(s)
Record Label(s)
Defendants Band Member(s)
Music Promoter(s)
Talent Agent(s)
Other Expos?
Short Description This is a trademark dispute between the band Expose (an all-girl, early 1990s singing group) and a film company that owns a trademark in the name for music performance-related products, regarding ownership of the name. During settlement negotiations between the band and Plaintiff's predecessor-in-interest during the mid-1990s, the band admitted Plaintiff's predecessor owned the name, and entered a trademark license agreement stating as much. In 2007, the band's legal counsel sent a letter saying Plaintiffs did not actually own the name, stating that the band would seek to register it for themselves. Plaintiffs brought suit for trademark infringement and unfair competition, among numerous other related causes of action. The band's entities counterclaimed, alleging the earlier settlements were induced by fraud, and requesting rescission of the settlement. After venue was found to be proper, the court held that--while the contract cannot be rescinded because Plaintiff was not a party to settlement negotiations, but merely purchased the name from that party--Defendants' counterclaim for fraud was validly stated. Justifiable reliance required further fact-finding, and could not be dismissed summarily. - LSW


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5. 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


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6. Rod Stewart's Sore Throat = Breach?
Highest Court D. Nevada
Year Ended 2008
Plaintiffs Music Promoter(s)
Defendants Business Entity of Artist(s)
Lawyer(s)
Stewart, Rod
Other No Other parties on file
Short Description Stewart was supposed to perform for Plaintiffs for $2 million. When Stewart had throat surgery to remove a tumor and canceled the concert (after approving receiving $1 million and approving $500,000 for advertising), Plaintiff sued for refund of the money. Defendants not only failed to return the money, in the subsequent lawsuit, Defendants were so unprofessional in the handling of the case, sanctions were imposes by this court. - [This entry is not yet complete or has not been edited/checked.]


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7. 50 Cent Polices his Trademarks
Highest Court S.D. Florida
Year Ended 2008
Plaintiffs 50 Cent
Defendants Music Promoter(s)
Music Proprietor(s)
Other G-Unit
Short Description 50 Cent sued the owners of a nightclub in Cancun, Mexico, for using his image and likeness and the G-Unit mark (commonly used on 50 Cent's merchandise) to advertise, promote, endorse, and draw attention to the nightclub. The Court dismissed Defendant nightclub owners' motions to dismiss for lack of subject matter and personal jurisdiction, as well as Defendant's motion for forum non conveniens. - SKR


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8. "Concert Fraud" is a Crime
Highest Court N.D. Iowa
Year Ended 2008
Plaintiffs Federal Prosecutor(s)
Defendants Music Promoter(s)
Other Brown, Chris
Chamillionaire
Ciara
Short Description Defendant and others pretended to be established music promoters, and entered deals with record stores to sell tickets to a concert featuring Chris Brown, Chamillionaire, and Ciara, none of whom were really involved in the production. Defendant, apparently a minor participant in the scheme, plead guilty, but the court did not reduce the charged offense. - LSW


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9. Battle Over Doors' Name
Highest Court California Court of Appeal
Year Ended 2008
Plaintiffs Business Entity of Artist(s)
Densmore, John
Estate of Artist(s)
Defendants Astbury, Ian
Doors of the 21st Century
Kreiger, Robby
Manzarek, Ray
Music Promoter(s)
Other Cult
Doors
Morrison, Jim
Short Description John Densmore and other assorted Doors-related parties sued Ray Manzarek, Robby Kreiger, Ian Astbury (of The Cult!), and other associated entities for touring under the name "The Doors of the 21st Century," alleging numerous causes of action arising from the band's moniker's intentional similarity to the original Doors' name. The holding in Plaintiffs' favor led to Manzarek's subsequent insurance suit in "Who Insures Doors' Litigation?" - [This entry is not yet complete or has not been edited/checked.]


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10. Motley Crowd vs. Motley Crue
Highest Court M.D. Florida
Year Ended 2008
Plaintiffs Concert Attendee(s)
Defendants Live Nation
Music Promoter(s)
Music Proprietor(s)
Other Aerosmith
Mötley Crüe
Short Description At an Aerosmith and Motley Crue concert in Florida, a member of Motley Crue (though the opinion doesn't say who) allegedly leapt from the stage and assaulted the Plaintiff, a first-row fan. Security guards allegedly joined in and assaulted Plaintiff as well. Plaintiff sued various parties involved in throwing the concert for negligence, negligent hiring, vicarious assault liability, and premises liability. However, Plaintiff's complaint was apparently horribly written: he did not allege any relationship (employment or otherwise) between Defendants and the band members and security guards; he did not plead the basic elements of negligence; in short, he botched every count. The court held Plaintiff failed to state a single cause of action and dismissed the complaint, but gave advice for an adequate complaint. - LSW


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11. Stones Biographer Sues Stones
Highest Court Third Circuit
Year Ended 2008
Plaintiffs Book Author(s)
Book Publisher(s)
Defendants Book Publisher(s)
Individual(s)
Music Manager(s)
Music Promoter(s)
Musidor
Other Rolling Stones
Short Description Band agreed to cooperate in the production of a biography book, but then withdrew support. Plaintiff claimed the withdrawal was a breach of contract and motivated by a desire to support an alternate biography. Dismissed. - [This entry is not yet complete or has not been edited/checked.]


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12. Booker Books Alicia in Nigeria
Highest Court S.D. New York
Year Ended 2008
Plaintiffs Talent Agent(s)
Defendants Music Promoter(s)
Other Keys, Alicia
Short Description The Plaintiff is talent agency that may or may not have entered a deal with the Defendants to share booking fees for a festival held in Lagos, Nigeria. The deal also extended to other events, including an Alicia Keys' concert. Also, the Defendants alleged that they never received payment from the Plaintiff for the Keys' concert. The Defendants' motion for summary judgment was partially granted for the on-going deal because it would violate the Statute of Frauds. Contracts that will take over a year to be performed must be in writing to be upheld against a party. The Court rejected the Plaintiff's argument that the deals were no an on-going contract but rather discrete projects, which by their nature would be performed within a year. The Court also found the deal did not create a joint venture, which because it is terminable at will is not covered by the Statute of Frauds. The Court granted the Plaintiffs' motion to amend its complaint and found that there were issues of fact concerning the payments regarding the Nigerian concert. - JMC


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13. 50 Cent Cancels Another Concert
Highest Court E.D. Virginia
Year Ended 2007
Plaintiffs Music Promoter(s)
Defendants 50 Cent
Other Elliot, Missy
Violator Management
Short Description G*Town Entertainment, Inc., entered into a contract with Defendant, Iris.com, to have 50 Cent (and Missy Elliot) perform in Gabon, Africa. Negotiations fell through, and the performance did not occur, but 50 Cent nonetheless received $150,000 in compensation per the terms of the contract. Iris.com moved to compel arbitration according to the arbitration clause of the contract, but 50 Cent filed a motion to suspend arbitration. The court found that there were no issues of material fact to be disputed, granted summary judgment for the defendant, and required the parties to go forward with arbitration proceedings. - SKR & LSW


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14. Rod Stewart Cancels Another Gig
Highest Court California Court of Appeal
Year Ended 2007
Plaintiffs Music Promoter(s)
Defendants Business Entity of Artist(s)
Lawyer(s)
Music Manager(s)
Stewart, Rod
Talent Agent(s)
Other No Other parties on file
Short Description A concert promoter and several sub-promoters sued the raspily crooning Brit, sex symbol Rod Stewart, alleging he'd breached their contracts for an upcoming tour, demanding return of the $780,000 advance they gave him. In response, Stewart sued for for $2.1 million, which he would have received if the tour went along as planned. At trial, the jury found for Plaintiffs under negligent misprepresentation theories, but--in a conflicted opinion-- also held both 1) the parties never entered binding contracts for the tours, and 2) some Defendants interfered with Plaintiff's contracts with Stewart for the tours and owed $1.6 million. On review, the appellate court held that negotiations broke down before any formal contracts had been formed, and thus the interference claims must be reversed, but that Plaintiffs' successful verdicts for unjust enrichment and negligent misprepresentation were correct, and, further, Plaintiffs were owed around $500,000 in attorneys fees for litigating Stewart's pointless counterclaims. While no contracts were formed, Stewart's camp had made false representations and refused to return the deposit given according to those representations. - LSW


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15. Delfonics Wrestle Over Name
Highest Court S.D. New York
Year Ended 2007
Plaintiffs Band Member(s)
Delfonics
Defendants Former Band Member(s)
Music Promoter(s)
Radio Station(s)
Other No Other parties on file
Short Description William and Wilbert Hart, both members of the late 1960s/early 1970s band The Delfonics, later litigated which brother had rights to the name. It was held that William Hart owned the name, and the New Jersey District Court enjoined Wilbert from performing under the name, though he could say he was "formerly of the Delfonics." When Kiss FM in New York booked Wilbert to perform, the graphic design department supposedly omitted the "formerly of the" because it needed the space, so it wrote "Will Hart/Delfonics," which violated the injunction. William sought to hold Wilbert in contempt of court, but the court believed Kiss FM's story (of the accidental omission) and supporting evidence (intra-office emails discussing the mistake). Plaintiff also sought to enjoin the concert, but given William waited until three days before the concert to seek the injunction, the court denied the request. - LSW


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16. No Parking At N SYNC Gig = Lawsuit
Highest Court Appellate Court of Illinois
Year Ended 2007
Plaintiffs Concert Attendee(s)
Defendants Music Promoter(s)
Music Proprietor(s)
N SYNC
Other No Other parties on file
Short Description Plaintiff was a concert attendee for an N SYNC concert at the Route 66 Raceway in Joliet, Illinois. Assuming the trip would take 25-30 minutes, Plaintiffs left at 6:30 for the 7:30 concert, but were not parked until 9:30, after encountering traffic and parking issues well beyond what they'd anticipated. Plaintiff sued, attempting to bring a class action lawsuit on behalf of the ticket purchasers who'd missed portions of the show (some of whom wrote letters), alleging contract breaches and common law consumer torts. After Plaintiffs failed to agree to Defendants' proposed settlement, the court refused to certify the class, holding there were no predominate issues of fact between those who arrived five minutes late and those who missed the entire show. The band members were not susceptible to personal jurisdiction, and, furthermore, Plaintiff's claims were substantively inadequate; there were no contractual guarantees or misrepresentations to form the basis for Plaintiff's complaints. Icing on the cake: Plaintiff already won a small-claims arbitration award against them for the price of the tickets. Perhaps assuming 25-30 minutes to drive to and park at a 40,000 person event was a bit unreasonable. - LSW


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17. Nugent Gig Canceled After Racist Remarks
Highest Court Court of Appeals of Michigan
Year Ended 2007
Plaintiffs Amboy Dukes
Nugent, Ted
Defendants Individual(s)
Music Promoter(s)
Music Proprietor(s)
Other No Other parties on file
Short Description Ted Nugent (The Nuge) was scheduled perform at Defendants' concert venue in Michigan, when the local community expressed dissatisfaction at racist remarks The Nuge allegedly made publicly about African- and Asian-Americans. When Defendants cancelled the concert and released an official statement providing their reasons for the cancellation, The Nuge sued, alleging breach of contract, libel and slander (for the press release), and various other claims. After the trial court submitted only the contract claim to the jury, Nuge was granted $80,000, which was the contract price, minus 25% he would have had to pay his manager. The state's appellate court affirmed: Nuge failed to provide any allegedly defamatory statements calling him a racist, since Defendants' press release merely acknowledged they were reacting to the public, which "attributed" the statements to The Nuge. Plaintiffs had properly stated a case for breach of contract, based on an oral contract formed between the parties. Regarding unfair competition and unjust enrichment claims, Plaintiffs had failed to state causes of action. Plaintiffs' evidentiary objections were also ignored, and the lower court's entire holding was upheld. Racist or not, The Nuge was $60,000 the richer. - LSW


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18. Metallica's Mosh Pit Liability (II)
Highest Court Court of Appeals of Indiana
Year Ended 2007
Plaintiffs Concert Attendee(s)
Defendants Lawyer(s)
Other Business Entity of Artist(s)
Metallica
Miller Brewing
Music Promoter(s)
Music Proprietor(s)
Security Service(s)
Sports Organization(s)
Talent Agent(s)
Short Description Plaintiff in the underlying lawsuit was a concert attendee, personally injured in the mosh pit of a Metallica concert, who sued the band, the venue, and others in Ohio more than five years earlier (see "Metallica's Mosh Pit Liability (I)"). In the lawsuit, the Plaintiffs' lawyers, seeking to litigate outside their licensed jurisdiction, sought local counsel to aid in litigation. After the case was apparently settled, the Plaintiffs' original lawyers seem not to have reimbursed their local associated counsel, since the latter sued the former for nonpayment of legal fees, asking them to provide security for an attorney fee lien on the proceeds of the settlements. However, while case law supports the entrance of an attorney fee lien, it does not justify requiring security (in the form of a posted bond paid out-of-pocket), and thus the original lawyers will not be required to do so. Had the action been filed prior to settlement, perhaps a prospective lien could have ensured payment to the local counsel, but given the facts in the instant case, it would not be appropriate. The trial court's order requiring the posting of a bond was reversed. - LSW


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19. Royalties for Sex Bomber Shows
Highest Court D. New Jersey
Year Ended 2006
Plaintiffs Music Promoter(s)
Defendants Music Distributor(s)
Music Producer(s)
Other Jones, Tom
Short Description This suit, while involving exclusively Tom Jones' artistic output, is really between two separate entities: the Plaintiff is assumed to be the legitimate owner of the rights at issue and the Defendant an interloper. After Plaintiff brought suit and a preliminary injunction was entered, Defendant continued its infringing activities and Plaintiff moved for contempt. The court held Defendant in contempt. - LSW


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20. Latin Star Cancels Contract
Highest Court California Court of Appeal
Year Ended 2006
Plaintiffs Marketing Firm(s)
Music Promoter(s)
Defendants Rubio, Paulina
Other Mercedes Benz
Short Description Paulina Rubio is an internationally known Latin performer, and was scheduled to perform at Plaintiffs Mercedes Benz auto show. Plaintiff was hired directly by the Benz company, and when Rubio canceled two days before the performance, alleging various unreasonable and unbelievable justifications for the breach, Plaintiff was required to find a less successful replacement, which injured Plaintiff's reputation with Benz. Though Plaintiff was hired for several subsequent Benz automobile shows, their fee was allegedly less than it could have been if their bargaining position was not weakened. At trial, the court dismissed actions against all Defendants except Rubio, and further limited possible damages to the amounts Plaintiffs spent securing a replacement and the "discount" they'd granted Benz for the inconvenience. The jury found for Plaintiff against Rubio and awarded the maximum allowed, around $55,000. The appellate court affirmed; any damages other than the two easily calculated figures granted were too speculative and unproven. - LSW


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