Madonna has asked a court to dismiss a lawsuit filed by fans Michael Fellows and Jonathan Hadden who claim she breached her contract with concertgoers by violating New York state laws when she began three December shows Brooklyn’s Barclays Center two hours after the scheduled 8:30 start time.
In a motion filed Wednesday (April 3), Madonna's attorneys filed for the dismissal, noting that there aren't really any grounds on which they can sue, Billboard reports.
“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,” her lawyers wrote. “That is not a cognizable injury.”
The motion also highlighted that one of the plaintiffs, Hadden, "raved" about the concert on his Facebook page immediately after, calling it “incredible, as always!” They added, “In other words, the concert met or exceeded his expectations.”
Attorneys for the two complainants argue that the “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."
The suit, which also names promoter Live Nation and the venue Barclays Center as defendants, additionally claims negligent misrepresentation, and that the organizers knew of Madonna's track record for being late to her own concerts without informing ticket buyers.
However, lawyers for both Madonna and Live Nation explained that concertgoers are generally aware that shows don't often begin as advertised.
“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,” Madonna'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.”
Instead, the lawyers wrote, Michael Fellows and Jonathan Hadden “got just what they paid for: a full-length, high-quality show by the Queen of Pop.”
Adding, “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. Indeed, plaintiffs do not plead any injury that they themselves suffered by spending the night at an ‘incredible’ concert.”