It’s unclear whether two concertgoers who dropped their claims against the pop star Madonna and the concert promoter Live Nation over late concert start times saw that they couldn’t justify their lawsuit, according to Rolling Stone magazine.
Nevertheless, plaintiffs Michael Fellows and Jason Alvarez gave notice of their dismissal with prejudice, meaning that their claims cannot be re-filed, the magazine reported.
The lawyer representing both Madonna and Live Nation filed a letter stating that the dismissal “was not the result of any settlement” between the parties and that the defendants “do not agree with plaintiffs’ position that each party should bear its own fees and costs,” as the dismissal notice first said, pointing toward their legal expenses including “filing two motions to dismiss” as well as opposing the false settlement notice.
“Defendants believe that this action was a frivolous strike suit designed to force them to incur legal expenses,” the lawyer wrote. “Plaintiffs have now abandoned this lawsuit when it became clear that this approach would not result in a settlement payment.”
