Lawsuit Against Madonna & Live Nation Over Delayed Concert Start Dropped

Two concertgoers who had filed a lawsuit against Madonna and Live Nation over a delayed start time for her Celebration Tour show in Brooklyn have voluntarily dismissed their case. 

Plaintiffs Michael Fellows and Jason Alvarez have issued a notice of dismissal with prejudice, according to court documents, which indicated that their claims could not be refiled.

The legal representative for Madonna and Live Nation, Jeff Warshafsky, has filed a letter that states that the dismissal “was not the result of any settlement” between the parties. Warshafsky further noted that the defendants “do not agree with plaintiffs’ position that each party should bear its own fees and costs” and pointed to the legal expenses incurred by Madonna and Live Nation, which meant “filing two motions to dismiss” and opposing the earlier false settlement notice.

Warshafsky expressed the defendants’ belief that “this action was a frivolous strike suit designed to force them to incur legal expenses.” He continued, “Plaintiffs have now abandoned this lawsuit when it became clear that this approach would not result in a settlement payment and that they would need to oppose defendants’ motion to dismiss the Amended Complaint.”

The original lawsuit, filed in January, alleged that Madonna and Live Nation engaged in false advertising, negligent misrepresentation, and unfair and deceptive trade practices due to the concert’s delayed start time of 10:30 p.m., two hours after the advertised time. The plaintiffs claimed that the late hour caused them to face challenges with limited public transportation, ride-sharing, increased transportation costs and potential difficulties attending to work and family responsibilities the following day.

This voluntary dismissal comes amid a series of similar lawsuits against Madonna and Live Nation over delayed start times at her Celebration Tour shows in other cities, which included Washington, D.C. and Los Angeles.

Madonna’s Celebration Tour, which started in October and ended in May, concluded in Rio DiJenario, Brazil. She has received recent backlash for criticizing a member of her audience in a wheelchair for failing to dance.