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 on Wednesday filed the motion 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 documents also cite a Dec. 14 Facebook post by Hadden, in which he praises the “incredible” experience, noting he’s “never missed a Madonna Tour!” The filing also points to the initial suit conceding that “Madonna fans, like Mr. Hadden, would not expect Madonna to appear onstage at the printed 8:30 p.m. event time, alleging that she has a ‘years-long history’ of ‘arriving several hours late to prior concerts.’”
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.
