July 23 (Reuters) – Pop star Madonna and an arena owner have asked a U.S. judge to dismiss a proposed class action that accused the singer of duping fans when she started a pair of concerts two hours late in Washington, D.C. last year.

Singer Madonna performs during her concert at the AccorHotels Arena in Paris

Singer Madonna performs during her concert at the AccorHotels Arena in Paris, France, December 9, 2015, on her Rebel Heart Tour. REUTERS/Benoit Tessier/File Photo Purchase Licensing Rights, opens new tab

Madonna and the owner of Capital One Arena said in a filing in Washington federal court late on Monday that they did not deceive fans by advertising an 8:30 p.m. start time for the downtown D.C. shows.

“Reasonable concertgoers — and certainly Madonna fans — do not expect the headline act at a major arena concert to take the stage at the ticketed event time,” Madonna told the court. Live concerts often feature one or more opening acts before the main event, the filing said.
The plaintiffs’ lawyers and attorneys for Madonna and Capital One Arena did not immediately respond to requests for comment.

The litigation mirrors an earlier case in New York federal court that accused Madonna and tour promoter Live Nation of duping fans over concert start times.
Live Nation and its subsidiary Ticketmaster are not defendants in the Washington lawsuit.

The plaintiffs in the New York case, represented by one of the same attorneys in the D.C. lawsuit, withdrew their complaint in June amid claims from Madonna that they were trying to pressure her into a settlement.

The three plaintiffs in the D.C. lawsuit said they had to leave the December 2023 concerts at Capital One Arena before they ended because Madonna didn’t take the stage until 10:30. They also complained that the venue was hot, and that Madonna did not actually sing for parts of her performance.
“In essence, Madonna and Live Nation are a consumer’s worst nightmare,” the lawsuit said.

Madonna denied the plaintiffs’ lip-syncing claim and said they presented no evidence to back it up. Even if they had evidence, she said, it would not be enough to sustain a consumer deception lawsuit.

“If a performer misses a note or a cue, that may lead to some fleeting disappointment, but not a legally cognizable injury,” Madonna told the court.

The case is Elizabeth Halper-Asefi v. Madonna Louise Ciccone et al, U.S. District Court for the District of Columbia, No. 1:24-cv-01118-RC.

For plaintiffs: Marcus Corwin of Corwin Law, and David Greenbaum of Schwartz & Greenbaum

For defendants: Sandra Crawshaw-Sparks, David Munkittrick and Jeffrey Warshafsky of Proskauer Rose