Madonna is responding to two fans who filed a lawsuit against the pop singer for starting her concert three hours late.
Concert attendees Michael Fellows and Jonathan Hadden sued Madonna and concert organizer Live Nation for false advertising when the singer didn’t take the stage until hours past the scheduled start time on December 13 at Barclays Center in Brooklyn. The two fans argued that concertgoers suffered hardship because of the late start.
The lawsuit claims they were “confronted with limited public transportation, limited ride-sharing, and/or increased public and private transportation costs at that late hour. In addition, many ticketholders who attended concerts on a weeknight had to get up early to go to work and/or take care of their family responsibilities the next day,” the Daily Mail reported.
The document further accused Madonna and Live Nation of “wanton exercise in false advertising, negligent misrepresentation, and unfair and deceptive trade practices.”
Court documents obtained by the Daily Mail show Madonna filed a motion to dismiss the lawsuit on Wednesday. The 65-year-old recording artist said via her lawyers that most fans understand that she’s not likely to be on time.
“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 motion filed on behalf of the pop star stated.
“Fans got just what they paid for: a full-length, high quality show by the Queen of Pop,” the document continued.
Madonna’s lawyers also presented evidence that one of the plaintiffs wrote a positively worded Facebook post after the show, saying the concert in question was “incredible as always.”
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They further asserted that concert attendees are well aware of how long shows typically last.
“The Complaint itself concedes that Madonna fans, like Mr. Hadden, would not expect Madonna to appear onstage at the printed 8:30 p.m. event time, alleging that she has a ‘years-long history’ of ‘arriving several hours late to prior concerts,’ such that ‘Plaintiffs knew or should have known that the Concerts would not start at 8:30 p.m.,’” the filing says.
“Reasonable concertgoers also know that concert lengths vary based on numerous factors, such as the duration of the opening act and the artist’s set list for the night. So, they would not reasonably expect the night to end by 10:30 p.m. unless an advertisement or ticket says as much — and none did here.”