“Live Nation and Ticketmaster are using their relationship with each other and with the stadiums largely owned by Live Nation to further their venture, and have done so since the Department of Justice imprudently approved their merger nearly a decade and a half ago,” the statement said. the appeal.
In filing a RICO claim, fans are “attacking from multiple fronts,” Kinder says, opening up an additional possible avenue through which they could win a favorable ruling — and the damages they claim they’re owed.
However, it is still possible that none of the charges will make it to court. For now, the federal case is on hold pending the outcome of an appeal in a separate antitrust case related to provisions in Ticketmaster’s terms that require customers’ legal disputes to be settled privately, out of court. If Swift’s fans were forced to go through this process, known as arbitration, they would be denied both a public trial and the opportunity to conduct a discovery process that includes sifting through Ticketmaster’s internal data and files for supporting evidence.
In a California district court, the presiding judge ruled Ticketmaster’s arbitration terms “unconscionable.” In October, that decision was upheld on appeal, but Live Nation said it would ask for its arguments to be heard again. Until then, Swift’s fan lawsuit remains on hold — and the same stay will likely be imposed on the new lawsuit, according to a representative for Kinder Law.
Regardless of the financial compensation the fans may receive, Kinder hopes they will have their day in court, if only for the chance to bring public attention to the cause. “People believe that nothing can be done. They believe you have to be rich to touch art in the United States,” says Kinder. “You won’t see a jury award $100 billion in our case. It may not be flashy. It might not be sexy. But it is justice.”
Update 11/17/24 7:00am EST: This story has been updated to include a comment from Live Nation.
