New York: Madonna and ticketing giant Live Nation found themselves at odds with U.S. District Judge Hector Gonzalez as they informed him on Monday that they were far from reaching a settlement in a proposed class action lawsuit brought by fans. These fans had sued over a late start to one of Madonna’s concerts, with accusations flying between the parties’ legal representatives.
Jeff Warshafsky, representing both Madonna and Live Nation, asserted in a court filing that the plaintiffs’ attorney had misled the court with a “false” statement about a settlement being reached. While discussions had taken place, nothing had been finalized, according to Warshafsky.
The lawsuit, initiated by two concert-goers against Madonna, Live Nation, and Brooklyn’s Barclays Center in January, alleges “a wanton exercise in false advertising” regarding a nighttime show that began two hours later than scheduled. The plaintiffs claim they wouldn’t have purchased tickets had they known about the delay.
Marcus Corwin, the plaintiffs’ lawyer, defended the filing of the settlement notice during a hearing on Monday, insisting that he would never submit something factually incorrect. He cited prior communications as the basis for his belief that a settlement had been reached.
At the hearing, Warshafsky accused Corwin of conducting a “harassment campaign” aimed at extracting a substantial settlement by burdening the defendants with unnecessary legal fees. Judge Gonzalez struck down the settlement notice and encouraged both parties to work towards a resolution, expressing his displeasure at the court’s involvement in such matters.
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Corwin and Warshafsky did not immediately respond to requests for comment.
During the hearing, Corwin disclosed that settlement discussions were not limited to the New York lawsuit but also encompassed “98 other cases” and a class action in a federal court in Washington, D.C. The lawsuit in Brooklyn highlights Madonna’s history of tardiness at concerts, sometimes delaying shows by several hours.
Corwin informed the judge that as part of the settlement talks, Madonna and the other defendants were seeking to prevent his firm from filing additional claims against them, a condition he and his clients could not agree to.
The case is Fellows et al v. Madonna Louise Ciccone et al, U.S. District Court, Eastern District of New York, 1:24-cv-00357-HG.
For plaintiffs: Marcus Corwin of Marcus W. Corwin, P.A.
For defendants: Jeff Warshafsky of Proskauer Rose
