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Suit over Cancelled M'tley Cre Show to Move Forward
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert. Vigo v. Gabe Reed Productions, 3:11-CV-2044-G. In Dec. 2010 and Jan. 2011, Ariel Vigo allegedly negotiated an oral agreement with Dallas-based promoter Gabe Reed for a Spring 2011 M'tley Cre show to be performed in Buenos Aires. Vigo claims he promised he would pay a $300,000 guarantee and a percentage of net revenues, but the show didn't take place. The Argentinian promoter sued Reed for breach of oral contract, fraud, negligent misrepresentation and unjust enrichment.
Denying Reed's motion to dismiss any of Vigo's causes of action, Senior District Judge A. Joe Fish noted: “Vigo has pled a breach of contract claim against Reed. First, he has pled that there was an oral contract, made by e-mail and in person discussions throughout December 2010 and January 2011. Second, Vigo has pled performance by stating that he sent Reed a $150,000 deposit. Third, Vigo has pled that Reed breached the oral contract by not getting Motley Crue to perform for Vigo in Buenos Aires. Finally, Vigo has pled that he sustained damages, consisting of the unreturned deposit and lost profits.”
In addition, to establish a claim of fraud in Texas, a plaintiff must show: a false material misrepresentation, which a defendant made either knowing it was false or without knowledge of its truth; with the intent that the plaintiff act on the misrepresentation, which the plaintiff did to his or her detriment. On Vigo's fraud claim, District Judge Fish found: “Vigo has pled that Reed made a false material representation ' that Motley Crue would perform a live musical performance for Vigo in Buenos Aires between March and May 2011. Vigo has also pled Reed's mental state, both with respect to the truth of the statement and the intent behind making it. The facts generally pled by Vigo, concerning the alleged conversations and Vigo's reliance on Reed's statements, support the plausible conclusion that Reed had the necessary mental state. Finally, Vigo has pled both reliance and injury on the alleged misrepresentations, by stating that he sent Reed the $150,000 deposit.”
Stan Soocher is Editor-in-Chief of Entertainment Law & Finance and a tenured Associate Professor of Music & Entertainment Industry Studies at the University of Colorado's Denver Campus. He can be reached at [email protected] or via www.stansoocher.com.
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert. Vigo v. Gabe Reed Productions, 3:11-CV-2044-G. In Dec. 2010 and Jan. 2011, Ariel Vigo allegedly negotiated an oral agreement with Dallas-based promoter Gabe Reed for a Spring 2011 M'tley Cre show to be performed in Buenos Aires. Vigo claims he promised he would pay a $300,000 guarantee and a percentage of net revenues, but the show didn't take place. The Argentinian promoter sued Reed for breach of oral contract, fraud, negligent misrepresentation and unjust enrichment.
Denying Reed's motion to dismiss any of Vigo's causes of action, Senior District Judge
In addition, to establish a claim of fraud in Texas, a plaintiff must show: a false material misrepresentation, which a defendant made either knowing it was false or without knowledge of its truth; with the intent that the plaintiff act on the misrepresentation, which the plaintiff did to his or her detriment. On Vigo's fraud claim, District Judge Fish found: “Vigo has pled that Reed made a false material representation ' that Motley Crue would perform a live musical performance for Vigo in Buenos Aires between March and May 2011. Vigo has also pled Reed's mental state, both with respect to the truth of the statement and the intent behind making it. The facts generally pled by Vigo, concerning the alleged conversations and Vigo's reliance on Reed's statements, support the plausible conclusion that Reed had the necessary mental state. Finally, Vigo has pled both reliance and injury on the alleged misrepresentations, by stating that he sent Reed the $150,000 deposit.”
Stan Soocher is Editor-in-Chief of Entertainment Law & Finance and a tenured Associate Professor of Music & Entertainment Industry Studies at the University of Colorado's Denver Campus. He can be reached at [email protected] or via www.stansoocher.com.
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