Two concertgoers filed a class action lawsuit against Madonna, tour operator and promotor Live Nation, and Brooklyn Events Center, which does business as Barclays Center. The lawsuit alleges that Madonna started her Celebration Tour concert in Brooklyn, New York, two hours late. Plaintiffs accused the pop star of deceptive business practices, negligent misrepresentation, and false advertising, among other claims. Let’s get into the details.
Background
The class action lawsuit against Madonna, Live Nation, and Barclays was filed by two consumers on behalf of similarly situated consumers who alleged they were lulled into purchasing tickets for concerts at the Barclays Center, who had “advertised, promoted, and covenanted that Madonna would launch the North America leg of her ‘Celebration Tour’ in July 2023 in Brooklyn, New York.”
Madonna delayed the concert until December 2023 due to illness. The complaint, filed on January 17th, alleged that the concert was advertised to start at 8:30 pm, but “Madonna did not take the stage until after 10:30 pm on all three nights, with attendees leaving the Barclays Center after 1:00 am.” Plaintiffs argue that the delayed start time constituted “breach of contract, wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.” The lawsuit claims that the delayed concert caused harm to concertgoers because they were frustrated by the delayed start time and unable to resell their tickets. Because the concert ended past midnight, they were “confronted with limited public transportation, limited ridesharing, and/or increased public and private transportation costs.”
The class action lawsuit filed in the U.S. District Court for the Eastern District of New York is under federal jurisdiction.
What is a Class Action Lawsuit?
A class action lawsuit is a legal action filed by a representative plaintiff (or plaintiffs) on behalf of a group with similar claims or grievances against a defendant. Instead of each individual pursuing a separate legal action, the class action allows the claims to be consolidated into a single case. This is often more efficient and cost-effective.
If the class action is successful, the court’s judgment or settlement applies to all class members, and they may receive compensation or other remedies. Class actions are commonly used in cases involving consumer rights, product liability, employment issues, and other situations where a large group of people may be affected by similar legal matters.
What is Federal Jurisdiction?
Federal courts have jurisdiction over cases involving federal laws, constitutional issues, disputes between states, and cases where the United States is a party. Additionally, like the case at hand, federal courts have diversity jurisdiction, which means they can hear cases between citizens of different states if the amount in controversy exceeds a certain threshold.
The complaint alleges that this lawsuit falls under federal jurisdiction pursuant to 28 U.S.C. ¶1332(d)(2) (class action jurisdiction). The complaint states that “[u]pon information and belief, the value of the tickets for the three concerts at the Barclays Center exceed $10 million, as each of the three concerts which form the basis of this action hold up to 19,000 seats (calculated with an average ticket price of $100-$200).”
Plaintiff’s lawyers argue that a “class is superior to other available methods and highly desirable for the fair and efficient adjudication of this controversy. Because the amount of each individual Class member’s claim is very small relative to the complexity of the litigation and because the financial resources of Live Nation, MTours, Madonna, and the Venue are enormous, no Class Member could afford to seek legal redress individually for the claims alleged herein. Therefore, absent a class action, the Class Members will continue to suffer losses and Defendants’ conduct will proceed without remedy.”
What are the Legal Arguments Outlined in the Complaint?
The complaint alleges 6 allegations, including (1) violation of New York General Business Law (GBL) § 349, which protects against “deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful;” (2) false advertising in violation of GBL § 350 which protects against “false advertising in the conduct of any business;” (3) breach of contract; (4) promissory estoppel; (5) negligent representation; and (6) unjust enrichment.
Obstacles Plaintiffs Will Face in Court
The plaintiffs insist that they and “other ticketholders have been damaged as a direct and proximate result of the late start time of the Concerts from 8:30 pm,” but will that argument be enough for the court? Their argument centers on the allegation that “Class Members suffered actual and consequential damages, including but not limited to loss of consideration paid for the tickets caused by the inability or inconvenience to attend a concert starting after 10:30 pm.”
However, though the complaint indicates that “Plaintiffs and other Class Members would not have paid for their tickets had they known that the Concerts would start after 10:30 pm and end after 1:00 am,” it also indicates that “Madonna has a long history of arriving and starting her concerts late, sometimes several hours late. This history occurred throughout her 2016 Rebel Heart Tour, her 2019-2020 Madame X Tour, and prior tours, where Madonna continuously started her concerts over two hours late.”
Implications for Concert Industry
Reporters from The BBC spoke with a Nashville-based entertainment lawyer named Michael Ransom who indicated that this lawsuit against Madonna may be the first of its kind, stating this “suit stands out from similar actions taken by fans in the past, as the plaintiffs and their legal team threw everyone into the pot to see who these claims might stick against.”
He states that “the outcome of the lawsuit against Madonna could have far-reaching implications for the broader concert industry, depending on how it is resolved. For example, could a time limit be imposed allowing artists a certain level of lateness – an hour of grace, perhaps, or even two, before concertgoers are entitled to refunds? If so, where exactly is the line separating appropriate from excessive lateness? And will fans feel empowered to sue artists for yet additional ‘offences’?”
Perhaps this suit will lead to other lawsuits filed by fans unhappy with future concert performances that did not meet their expectations. It’ll be interesting to see how it all plays out.
Interested in Other Class Action Lawsuits?
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Sources:
https://www.cnn.com/2024/01/18/entertainment/madonna-lawsuit-concerts-late/index.html
https://www.nbcnewyork.com/news/local/madonna-concert-time-msg/5065979/
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason