Monday, August 30, 2010

Don't Get Mad: Litigate!

Insomniac has a good case!:
Tickets never went on sale and promotions were never staged, but a planned headlining concert by electronic artist Tiësto is the center of a seven-figure civil suit filed against the city of Los Angeles on Friday. Local dance promoter Insomniac Inc. claims the city breached its contract when it canceled what would have been an Oct. 30 concert by the well-known trance artist in the West Hall of the Los Angeles Convention Center.

...Insomniac writes in its complaint that the city cited the rampant use of the drug Ecstasy at Electric Daisy, as well as the death of a teenage girl who attended the concert and died of a suspected overdose, as its reasons for calling off the Tiësto appearance. In its claims for damages, Insomniac cited more than a dozen recent deaths at or after major music or sporting events, including that of a 27-year-old man who died after being punched at a Los Angeles Angels of Anaheim game, essentially arguing that the Tiësto appearance was unfairly singled out because of public perceptions of dance and electronic rave-like concerts.

...Insomniac is asking for damages of at least $1,015,180, citing a loss of profit of $436,250 and an estimated production cost of $668,750. Court documents state that Tiësto was guaranteed $250,000 for the single-night event. The artist’s management, Complete Control, did not respond to requests for comment.

Insomniac, which promoted five sold-out Tiësto shows in and around Los Angeles in 2008 and 2009, noted that its planned convention center event was no different from Sunday’s concert at the Hollywood Bowl, which featured dance act the Chemical Brothers.

“I can’t help but draw comparisons to the ’80s movie classic ‘Footloose,’ where dancing and rock music were banned,” Insomniac founder Pasquale Rotella is quoted in a statement.

...A copy of Insomniac’s rental agreement with the convention center notes that the city may terminate the contract for the reason of “good cause.” Should it do so, reads the contract, the “tenant agrees to waive and forgo any and all claims for damages against City by reason of such termination... Tenant shall have no recourse of any kind against city.”

No comments:

Post a Comment