The Hamilton Spectator

Madonna files to dismiss fans’ lawsuit over late start of NYC concert


Madonna is trying to get a judge to dismiss a lawsuit brought by two fans over the delayed start of one of her Barclays Center concerts late last year.

The 65-year-old pop icon filed the motion last week to dismiss Michael Fellows’ and Jonathan Hadden’s suit, which alleges false advertisin­g and breach of contract. The suit notes that concertgoe­rs were led to believe the “Vogue” singer’s Dec. 13 show would end by 10:30 p.m. Instead, that is roughly when her performanc­e began, ending at roughly 1 a.m., according to court documents obtained by the Daily News.

Madonna’s camp challenged Fellows and Hadden’s claim that concertgoe­rs were “inconvenie­nced or injured because they stayed up later than planned or had fewer transporta­tion options to get home,” per the documents.

Noting that tickets did not “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 camp said her concert was no different than others of similar major stars.

“A reasonable concertgoe­r would understand that the venue’s doors will open at or before the ticketed time … and the headline act will take the stage later in the evening,” reads the motion. “Fans got just what they paid for: a full-length, high-quality show by the Queen of Pop.”

The Grammy winner’s lawyer also challenged the fans’ allusion to injury, noting they merely “speculate” that other attendees might have struggled to find transporta­tion home or been inconvenie­nced by having to work early the next day.

“That is not a cognizable injury. But even if it were, Plaintiffs do not allege that they suffered it,” read the document.

The concert in question was part of the “Like a Virgin” singer’s Celebratio­n Tour, which started last fall after a bacterial infection landed her in the ICU last summer. Ultimately, the health crisis — which resulted in Madonna being put into a 48-hour medically induced coma — forced her to postpone the tour.

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