Superstar Madonna has been sued for breach of contract by an irate fan after the start date for her show in Miami was pushed back to 10:30 pm after he bought the tickets. A Florida man named Nate Hollander hired a lawyer to file a class action lawsuit against Madonna and LiveNation, the promoter, in the local circuit court alleging that she breached her contract and negligently misrepresented the facts to induce him to buy the tickets.
Madonna’s History of Tardiness
The lawsuit further alleges that LiveNation knew or should have known that the show time would be pushed back to 10:30 pm because Madonna was over 2 hours late to the beginning of her shows on the tour and has a long history of showing up late to her shows. Social media has been on fire lately with Madonna fans complaining about waiting 2 to 4 hours for the star’s show to start. Her Las Vega show on November 9, 2019 was originally slated to start at 8:30 pm but was re-scheduled for 10:30 pm. Madonna arrived around 12:30 pm, without apology and in fact, defended her actions by stating during her show, that “A queen is never late.” Perhaps not in the queen’s mind, but others may disagree.
Mr. Hollander says he spent over $1,100 on three tickets to see Madonna perform a show on her new Madame X Tour. The date is in December 2019. The original start time was 8:30 pm, which was then pushed back to 10:30 pm by notification sent to ticket holders. His lawsuit states that LiveNation knew the show would not start at 8:30 pm when it sold the tickets to Hollander because of Madonna’s well-known predilection for showing up late to her concerts. So his negligent misrepresentation claim is quite similar to a claim under the Florida Deceptive and Unfair Trade Practices Act.
Despite the obvious aggravation of dealing with a prima donna performer who refuses to begin her shows on time, Mr. Hollander’s lawsuit is likely more of a publicity stunt than a serious lawsuit. The problem with Mr. Hollander’s lawsuit can be summed up in three words: Terms and Conditions.
Problems with Hollander’s Breach of Contract Claim
LiveNation has been doing this for a while and has very good lawyers who have drafted a very detailed terms and conditions section that is incorporated into each transaction processed by LiveNation and its various websites and businesses. In the event that Mr. Hollander bought the tickets from a LiveNation website, he has two options:
- He can file a lawsuit in small claims court in the county in which he resides, or
- He can file for individual arbitration of his claim with JAMS ADR services.
- He cannot recover his attorney’s fees.
The terms and conditions further state that Mr. Hollander waived the right to bring a class action lawsuit and waived the right to a jury trial. The limit on his damages is the amount he spent on the tickets, or just over $1,100. There are some circumstances in which a damaged party can claim the arbitration agreement itself is void or unenforceable, but those circumstances do not appear to be present here.
So if you have tickets to a Madonna show, the best advice is to save the aggravation and go with the flow. Show up two hours late for the queen’s show because there’s nothing you peons can do about it.
Consult with an Experienced Orlando Breach of Contract Lawyer
Contact us today if you have any questions about arbitrating or litigating breach of contract claims.