Concerts

Madonna is firing back at a class action lawsuit filed by New York City fans who are angry that her concerts started later than scheduled, arguing that needing to “get up early to go to work” the next day is not the kind of legal “injury” someone can sue over.
In a motion filed Wednesday, the Material Girl’s lawyers urged a federal judge to dismiss 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 later than the scheduled.

That lawsuit made headlines because the plaintiffs justified their claims in part by arguing that they “had to get up early to go to work” the next day. But in their response, Madonna’s lawyers said that’s hardly the kind of legal “injury” that can result in a lawsuit.

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“Plaintiffs speculate that ticketholders who left the venue after 1 a.m. might have had trouble getting a ride home or might have needed to wake up early the next day for work,” wrote Madonna’s lawyers. “That is not a cognizable injury.”

Far from suffering harm, Madonna’s lawyers say Hadden “raved” about the show in question on social media, posting that the concert was “incredible, as always!” on his Facebook page. “In other words, the concert met or exceeded his expectations.”

An attorney for the defendants did not immediately return a request for comment.

Fellows and Hadden filed their case in January, claiming Madonna and concert giant Live Nation breached contracts with buyers and violated state laws covering false advertising and unfair business practices by starting the 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, that had originally been scheduled for July but were shifted 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 had they known that the concerts would start after 10:30 p.m.”

“Defendants failed to provide any notice to the ticketholders that the concerts would start much later than the start time printed on the ticket and as advertised,” attorneys for the two men wrote.

But in Wednesday’s response, attorneys representing both Madonna and Live Nation said that anyone buying a concert ticket is well aware that the show likely won’t start at the exact time printed on the ticket.

“Nowhere did Defendants advertise that Madonna would take the stage at 8.30 p.m., and no reasonable concertgoer—and certainly no Madonna fan—would expect the headline act at a major arena concert to take the stage at the ticketed event time,” the star’s lawyers wrote. “Rather, a reasonable concertgoer would understand that the venue’s doors will open at or before the ticketed time, one or more opening acts may perform while attendees arrive and make their way to their seats and before the headline act takes the stage, and the headline act will take the stage later in the evening.”

Rather than suffering harm, they say Fellows and Hadden “got just what they paid for: a full-length, high-quality show by the Queen of Pop.”

“Plaintiffs do not allege Madonna’s performance was subpar, that her performance was worth less than what they paid, or that they left the concert before watching her entire performance,” her lawyers wrote. “Indeed, plaintiffs do not plead any injury that they themselves suffered by spending the night at an ‘incredible’ concert.”