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1. A Perfect Negligence Case
Highest Court Court of Appeals of Texas
Year Ended 2010
Plaintiffs Concert Attendee(s)
Defendants Aramark
Clear Channel
Concert Promoter(s)
Hyatt, Corp.
Music Proprietor(s)
Security Service(s)
Other A Perfect Circle
Icarus Line
Short Description Injured audience members can be quite a liability. However, there are certain legal protections that prevent them from extorting Defendants for ludicrous reasons. Plaintiff was injured at a concert by A Perfect Circle, during the opening act, a lesser-known L.A. band called The Icarus Line. After the audience purportedly booed the band, its singer launched water bottles into the crowd, one of which hit Plaintiff, who was injured and supposedly became disabled. Plaintiff did not sue the band, however, but numerous entities related to the show's organization, alleging negligence, gross negligence, and improper security or preparation given the circumstances of the concert. However, well-established tort principles prevent Plaintiffs from sustaining negligence actions against Defendants for the tortious or criminal conduct of third parties, unless certain specifications are met, such as the third-party conduct being unreasonable and foreseeable or the Defendant having actual knowledge of the conduct. In this case, the venue proprietor's motion for summary judgment was granted by the trial court and Plaintiff appealed. The appellate court affirmed, finding that the show's proprietor had no reason to foresee the band's behavior; the security service was an independent contractor hired by the proprietor, not an employee or agent; and the proprietor did not know and did not have reason to know of the actions that injured Plaintiff. Furthermore, Plaintiff's motion for a continuance was also denied. - LSW


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2. Great White in Deep Shit
Highest Court D. Rhode Island
Year Ended 2006
Plaintiffs Concert Attendee(s)
Estate of Concert Attendee(s)
Defendants Anheuser-Busch
Clear Channel
Great White
Individual(s)
Insurer(s)
Multiple Corporation(s)
Municipal Entity and/or Official(s)
Music Manager(s)
Music Promoter(s)
Music Proprietor(s)
Radio Station(s)
Record Label(s)
Shell Oil
State Entity and/or Official(s)
Other No Other parties on file
Short Description After Great White's pyrotechnics caught fire in an outrageously under-prepared venue in Rhode Island calledThe Station, over 100 deaths resulted, as well as several hundred injuries. No surprise then, it also resulted in about as many lawsuits. This entry covers a large swath of these suits, each of which addresses various parties and their roles in the horrific accident, including the band, their companies, state entities, the venue and others. While not everyone was liable, the venue was certainly subpar regarding building codes, and the band were a bunch of jack-asses (not necessarily legally). Lighting off fireworks in a club with less than 500 people. Seriously. Oughtta be ashamed. - [This entry is not yet complete or has not been edited/checked.]


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3. Oops, Don't Do That Again!
Highest Court New York Supreme Court
Year Ended 2006
Plaintiffs Radio Show Attendee(s)
Defendants Clear Channel
Other Spears, Britney
Short Description A young girl went at a radio station to see Britney Spears arrive for a live interview, having been made aware through broadcasts that Spears would be there. However, the story was an advertising ploy; the woman who arrived was an impersonator and the interview was not "live." When the woman who was supposed to be Spears left the building through a side exit, the crowd that had gathered at the station ran around the building. The young girl at the heart of this suit fell (though no one knew why) and hit her head on a garage door handle. Sadly, she later died. Her mother sued the radio station (owned by Clear Channel) for negligence and fraud. The trial court granted summary judgment for Defendants on the fraud and negligent supervision claims, but allowed Plaintiff to proceed on ordinary negligence. The Appellate Division thought all claims were baseless; the fraud hadn't caused her injury, there was no evidence that supervision had anything to do with the young girl's fall, and, last, Plaintiffs were unable to give any reason why the girl fell, so ordinary negligence hadn't been adequately pleaded either. Sad, but true. - LSW


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4. Rap Manager Defamed By Promoter
Highest Court Court of Common Pleas of Pennsylvania
Year Ended 2004
Plaintiffs Music Manager(s)
Defendants Clear Channel
Individual(s)
Music Promoter(s)
Radio Station(s)
Other Prophets of the Ghetto
Spellbound
Short Description Many independent promoters, managers, agents, and lawyers have discovered that the music business is tightly controlled by those who've already somehow earned credibility and influence in the industry. Plaintiffs were an individual music manager and the company he controlled, through which he managed small-time hip-hop acts called Prophets of the Ghetto and Spellbound, alleging various causes of action against music promoters, radio stations, and others involved in the organization and advertising for shows denied to Plaintiff's artists. After Plaintiff entered negotiations for his artists to open for Public Enemy at a local theater, Defendants requests a guarantee that the artists would sell 500 tickets at $20 each, or $10,000 worth of tickets. When Plaintiff accused Defendants of stifling local artists through such claims (which are, indeed, ridiculous), Defendants cancelled the contracts. Furthermore, Defendants chastised Plaintiff's business acumen while apparently on speaker phone, thus alerting an entire room to Plaintiff's purported deficiencies. Plaintiff sued for various causes of action, including privacy, defamation, interference with contractual relations, et. al. The Court of Common Please of Pennsylvania denied Plaintiff's actions, dismissing each complaint. Plaintiff was unable to show defamatory remarks (Defendants insults were opinions) and, more importantly, was unable to show damages resulting from Defendants' various activities. Prophets of the Ghetto and Spellbound left Plaintiff's roster, but that is more likely a product of their rational decision-making than Defendants' interference. Judgment for Defendants on all counts. - LSW


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