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Chris Langone's Explanation


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#21 Xanadoood

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Posted 10 July 2010 - 06:35 PM


BRAD (CONT'D)
(nervously)
May I help you?

The Businessman has short, curly brown hair. He
speaks in a whine.

BUSINESSMAN
Yes. This is not the best breakfast
I ever ate.

The Businessman points to the huge display over
Brad's head: TRY OUR 100% GUARANTEED BREAKFAST.

BUSINESSMAN (CONT'D)
And I want my money back.

Brad begins searching under the counter.

BRAD
Well, I believe you have to fill
out a form. There's a pad right
around here.

BUSINESSMAN
No. I want my money back right now.

BRAD
Well, that's not the way it works,
really. And you ate most of your
food already, too...

BUSINESSMAN
See that sign? It says 100% Money
Back Guarantee. Do you know the
meaning of the word 'guarantee'? Do
they teach you that here? Give me
my money back.

Brad begins looking to the restroom. "Where's
Arnold?"

BRAD
I can't do that. But if you wait a
minute...

BUSINESSMAN
(as if talking to a
kindergartner)
Look. Just put your little hand
back in the cash register and give
me my $2.75 back. Okay?
(looks at name tag)
Please, Brad?

BRAD
I'm sorry, sir. Just let me find
the forms here.

BUSINESSMAN
I am so tired. I am so tired of
dealing with morons. How hard is it
to...

Brad looks up from under the counter. No amount of
pay will make him take that kind of insult.

BRAD
Mister, if you don't shut up, I'm
gonna kick 100% of your ass.


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#22 PariahDog

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Posted 10 July 2010 - 06:35 PM

Shit, I see that you are a lawyer have your own law firm. facepalm.gif







#23 the masked drummer

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Posted 10 July 2010 - 06:38 PM

QUOTE (PariahDog @ Jul 10 2010, 06:22 PM)
14 User(s) are reading this topic (5 Guests and 0 Anonymous Users):
PariahDog, vespa2112, pratt53, the masked drummer, In A Tidewater Surge, chrislangone, WCFIELDS, ByTor2112, presto123

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#24 PariahDog

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Posted 10 July 2010 - 06:43 PM

QUOTE (PariahDog @ Jul 10 2010, 06:35 PM)
Shit, I see that you are a lawyer have your own law firm. facepalm.gif

Whoops, can I be sued for saying that? confused13.gif  



  



#25 pratt53

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Posted 10 July 2010 - 06:45 PM

QUOTE (Xanadoood @ Jul 10 2010, 06:18 PM)
The issue i have is  2.gif being involved in the lawsuit. If it was just LiveNation, sure, do whatever the hell you want. Waste of money and time, but you have that right. But NO WAY i would ever sue a band that i love over something they could not control.

I think Chris's point is that Rush does have control over this. I've read a lot of posts over time about how when it comes to touring, the band has no control over ticket prices for example. That it is big, bad, horrible Live Nation who are the culprits. Well, that certainly isn't true. Rush controls every aspect of their business, (one of the reasons that many respect them so much) and it is time that many fans out there understand that this is first and foremost a business. They tour to make money. They enlist Live Nation because it is the best way for them to make the most money and now we'll see what they do about this.

Chris, your position is is with merit and your argument is intelligent and articulate.

And for anyone who is attacking him for using Stub Hub, here's my two cents. All venues now encourage the use of Stub Hub. You see Stub Hub advertisements at the venues and many professional sports teams have links on their websites for ticket sellers. Unfortunately, I can see the the dilemna with Stub Hub as it is a "hub" and since the tickets purchased originate, mostly, from individual sellers who have already been paid, it would seem unlikely that you could get a refund. How can you get the money back from the individual who sold the tickets and is long gone?

That said, the tickets originated from Live Nation and you should be able to get the face value price of the ticket back from them.

Good luck with this. This is a bigger issue than just Rush. live nation and venues should be more responsible.

Also, If it is true that the show was scheduled at an "inferior" venue that did not have the capability of delivering a rain or shine show, that could be grounds.

#26 PuppetKing2112

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Posted 10 July 2010 - 06:51 PM

Why not just sell your tickets once they announce the rescheduled date?

#27 the masked drummer

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Posted 10 July 2010 - 06:53 PM

I forgot to mention that the biggest losers are the band and the crew.  They possibly need to make an insurance claim to recover from the financial loss as well. And rescheduling these things are a huge headache, too. Chris Langone is not the only one who got screwed in this ordeal. Now the crew is away from their families on that rescheduled date. They didn't do anything to deserve this, either...

#28 Flight YYZ

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Posted 10 July 2010 - 06:53 PM

damn the outdoor venues. Rush is an indoor band.

#29 cygnus_thegodofbalance

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Posted 10 July 2010 - 06:58 PM

Outdoors. I just love being outdoors, beer in hand, listening to my favourite music! Sound shmound. As long as I can heart it, and loudly, it's all good  trink39.gif  

#30 -D-RocK-

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Posted 10 July 2010 - 07:15 PM

Ya! F**K Live Nation!



I'm with you Chris! I hope you take 'em to the cleaners.


Kinda sucks that you gotta drag Neil, Alex and Geddy into it, but sometimes you gotta play hardball.

#31 Tarkus406

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Posted 10 July 2010 - 07:16 PM

QUOTE (-D-RocK- @ Jul 10 2010, 08:15 PM)
Ya! F**K Live Nation!



I'm with you Chris! I hope you take 'em to the cleaners.


Kinda sucks that you gotta drag Neil, Alex and Geddy into it, but sometimes you gotta play hardball.

Yeah LiveNation can take a fat one in the rear for all I care. f**k em

#32 tangy

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Posted 10 July 2010 - 07:24 PM

live nation seems to be a non-issue. his trouble is with stub hub.

this is a misfortune turned publicity stunt.   2.gif  

#33 InvisibleAirwaves13

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Posted 10 July 2010 - 07:27 PM

Good luck getting your money back.  Once again good people getting shafted by this unscrupulous business.  For the guys safety the show probably needed to be cancelled but you should have gotten the option for a refund.  On the bright side this might actually force a policy change with Live Nation...we can hope anyways.  I hope Tampa goes off without a hitch...I am flying down there to the show to meet good friends.  

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#34 Tarkus406

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Posted 10 July 2010 - 07:28 PM

QUOTE (InvisibleAirwaves13 @ Jul 10 2010, 08:27 PM)
Good luck getting your money back.  Once again good people getting shafted by this unscrupulous business.  For the guys safety the show probably needed to be cancelled but you should have gotten the option for a refund.  On the bright side this might actually force a policy change with Live Nation...we can hope anyways.  I hope Tampa goes off without a hitch...I am flying down there to the show to meet good friends.  

2.gif

Well if it doesn't work out you can always follow in this guy's footsteps laugh.gif

#35 Mara

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Posted 10 July 2010 - 07:38 PM

I think the ironic end result of this will be that LiveNation and Ticketbastard, et al, will simply tighten up the fine print and make any kind of refund for any reason impossible.  It won't just be acts of God anymore - it might be the performer deciding he'd rather spend the evening in a strip club than onstage.

It will unfortunately take more than this to get them to loosen their stranglehold.

Edited by Mara, 10 July 2010 - 07:38 PM.


#36 WCFIELDS

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Posted 10 July 2010 - 07:44 PM

It's almost certainly in their policies (I haven't read them) that they don't give refunds in cases like this. The show will be rescheduled, so you will get to see the show and aren't getting ripped off. You paid for a show, you will get one in the furure. Sorry, but this is a TOTAL waste of time.....

#37 Cygnus-x50

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Posted 10 July 2010 - 07:47 PM

QUOTE (ByTor2112 @ Jul 10 2010, 06:02 PM)
The "goods" cannot be delivered if people's safety are at risk.

I see you have some interesting points in your arguement, but I cannot see how your wants and needs qualify a lawsuit.

Bottom line is purchasing tickets for any outdoor event, even stating rain or shine, comes with risks the show may not go on as was the case here.

And wanting your money back now to see them next week in Toronto makes you sounds entitled and selfish.

My 2c.

My thoughts exactly.  I am not writing this to slam the OP, but just throwing out my 2 cents.

I live in Milwaukee and just happened to be checking the forums the night of that show because of the storms that were going through Chicago and Milwaukee.  I had a feeling the weather was going to be an issue and thought the show might be cancelled.  It was a classic hot summer day with thunder cells developing EVERYWHERE!  Tornadoes, hail and lightning are serious acts of nature.  I can't imagine what type of lawsuits would be filed if a group of people were struck by lightning or electrocuted by standing in a puddle of water.  Rain or shine yes, not lightning or torrential down pours.  I understand your frustration but your reasons for filing a CAL are weak at best.  

Also, if you purchased your tickets through Stubhub, they are just a private agency that sells tickets for private individuals and takes there cut of the sale.  My guess would be that if you used Stubhub, you paid more than face value for the tickets?  If the show is not rescheduled, you will be paid your refund, but only the face value of the ticket.  

Demanding a full refund immediately after a canceled show is also taking things a bit far IMHO.  A great deal of the ticket holders will want nothing more than to go and see the show, and just want tickets for the rescheduled date.  This isn't like tickets to a movie that was cancelled that you can catch on DVD in a couple months, it's a live, original event.  I'm sure it will take Rush and their promoters a little time to figure out when that show will be, considering they have to fit it into their existing tour and make sure the venue is open.  If I remember correctly, the last show at Red Rocks was a make up show and it took them quite a while to figure out when the show was to be made up.  

You are free to do what you want about this, but it sure seems like a waste of energy, time and money to me.  And to want your money in a week so you can go to another show?  Do you know how the legal system works?  You may get your refund sometime in 2013 but it won't be next week.

Edited by Cygnus-x50, 10 July 2010 - 07:56 PM.


#38 Cygnus-x50

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Posted 10 July 2010 - 07:54 PM

QUOTE (chrislangone @ Jul 10 2010, 04:39 PM)
So I am Chris Langone and yes I filed a lawsuit. Here's why:

1. I came in from New York to take a group of my friends to see my favorite band. I have seen RUSH on every tour since Moving Pictures in 1981 when I was 13. Oftentimes twice on the leg. I wanted to share the experience with my friends, some of whom had never seen RUSH. When the storm came a few of my friends suggested not going on account of the weather. I was strenuous in stating, "no" the tickets say rain or shine. I have sat through numerous concerts in the rain and was prepared to that night. We walked to the show from my hotel in the pouring rain - we all got drenched but once inside didn't care - we were going to see RUSH! At around 8:30 or 8:45 the rain stopped. The guy came on stage - we thought he was going to introduce the band, but instead stated that due to an incoming storm the show was going not going to proceed.

2. The next day I telephoned Stub Hub, from whom I bought the tix and asked for a refund of the ticket price. I was told no. I was told that no refunds are possible unless the show is totally cancelled -- and it might be rescheduled. As of now there is no rescheduled date. There are rumors it might be re-scheduled in September, but nothing is confirmed. And if so, possibly at a different venue - like in Tinley Park - where the sound sucks. Also, I cannot make a rescheduled show in September, which is the rumored date, as I will be back at Cornell where I have teaching and research responsibilities. So what I don't understand is why I cannot receive my money back. I spent almost $500 on tickets for a show that did not proceed and am being refused my money back based on an alleged policy of Live Nation, the promoter. I filed my lawsuit because I was denied my money back and think that people who request their money back should be able to get it. If people can make a rescheduled show, great -- but those who cannot should get their money back.

3.  I would love to go see RUSH in New York or Toronto next week, but don't have the money to buy new tickets because I cannot get a refund of the $480 I already spent. If refunded the money (or even permitted an exchange) I would buy new tix for a show I can go to, but Live Nation does not allow this.

4. I have been advised that Live Nation operates the venue. I have also heard that the show did not proceed because there was shorted wires, etc. on account of the wet stage. One would think that a company that operates a venue for "rain or shine" shows would be able to keep to keep the stage dry - and if they were negligent and had to cancel the show as a result would at least offer refunds. I also believe that Live Nation knew before 8:30 they were going to have to cancel the show, but rather than post a notice on the gate to that effect, let people in to sell them overpriced concessions like $11 and $13 beers. The person who came on stage and said the show was being cancelled is, I believe, associated with Live Nation and he lied as to the reason - he stated it was due to an incoming storm (which was not the case) and not because Live Nation failed to protect the stage - it did not rain a drop that night after they announced cancellation. The show could have gone on - unless of course wires shorted due to Live Nation's inability to adequately protect the stage. And, if so, then Live Nation should honor requests for money back.

5.  I am not suing for my air fare, or beers. I am only asking for the money spent on tickets, travel costs to the show, and out of pocket losses. Numerous posters in forums talked about driving hundreds of miles to the show, in the rain, to go see a "rain or shine: event. My lawsuit seeks to get money lost by all RUSH fans that lost out financially due to the rain or shine event. Anyone who does not want to be a part of the class action, has the right to opt out. Only people who, like me, want their money back will be a part of the lawsuit. "If you choose not to decide, you still have made a choice."

6. I have heard second hand that Ticket Master is honoring refunds (not sure if that is true) but I did not get my ticket through Ticketmaster. I got a "Live Nation" ticket through stub hub and they are saying they cannot refund the ticket price because they follow the promoter's policy.

7.  For legal reasons I was required to sue the band, because they are the princpal and Live Nation is the agent. If RUSH directs Live Nation to issue refunds, then I am advised Live Nation will be obligated to do so. All I want is my $480 back (and it is a class action - so others who are similarly situated should get their money back too).

8.  I really believe I am doing a good thing for fans like myself screwed by an unscrupulous promoter. I also believe RUSH has integrity and the power to make this right. I don't think the personal attacks on me are warranted and I belive RUSH fans are intellecutal enough to realize, knowing the facts, that what I request is reasonable. To the extent the Chicago Sun Times and other news reports have given an erroneous impression as to what this lawsuit is about, I want to correct the record.

9. I will choose a path that's clear - I will choose free will. I am happy to discuss the merits of what I am doing with people in a rational, intellectual way. I have been called names, and even threatened with violence. As RUSH fans, we are better than that - we are fans of the smartest, most "thinking" band ever - if people really think there are good reasons that people should not get their money back for a show that never occurred then I want to hear them. Otherwise, I would hope fans would step up and demand the band and their promoter do the right thing.

The first sentence in #5 confuses me.  " I am not suing for my air fare, or beers. I am only asking for the money spent on tickets, travel costs to the show, and out of pocket losses."

Isn't airfare considered travel cost to the show?  

#39 Necromancer

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Posted 10 July 2010 - 08:01 PM

I hope you win this Chris, and from what I'm reading, it should be a slam dunk.  

The ticket promised a rain or shine show.  By doing so, they infer that they will do anything and everything in their power to make it happen, and you just have to brave the weather.  You were ready to live up to your end of it, and they failed at keeping their end of the CONTRACT.  

Is it Rush's fault?  Indirectly, yes.  They have full control of this and should be more knowledgable about what's going on at these venues.  It had nothing to do with the lie about another incoming storm, it was about the venue's inability to keep the equiptment and wires up to snuff to proceed with a RAIN OR SHINE show.  I don't see where the problem people seem to be having with this is coming from.  

I'd be damned pissed if this had happened to me.  2.gif may be millionaires, but their fans are not all in the same boat as they.  You want to see them, and you can NOT make the rescheduled show, and should NOT be forced into doing so in the first place.  Another part of the contract is the date of the event.  THAT is the night that you were free to pay for this ticket and attend.  NOT a rescheduled event months later.  I see no reason why fans should be treated this way and I hope that 2.gif gets wind of this and makes it right.  

It's total BS Chris.  You deserve your money back so you can go enjoy your favorite band ON YOUR TERMS, not when they say you can.  Why should you have to sell your tix on ebay and go through all that BS.  It's a simple thing.  Give the guy his money back for the event that they could not pull off, that was again... a RAIN OR SHINE event.  

Good luck Chris, and keep us posted.  trink39.gif  

Necro

#40 PariahDog

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Posted 10 July 2010 - 08:02 PM

QUOTE (chrislangone @ Jul 10 2010, 04:39 PM)
3.  I would love to go see RUSH in New York or Toronto next week, but don't have the money to buy new tickets because I cannot get a refund of the $480 I already spent. If refunded the money (or even permitted an exchange) I would buy new tix for a show I can go to, but Live Nation does not allow this.

7.  For legal reasons I was required to sue the band, because they are the princpal and Live Nation is the agent. If RUSH directs Live Nation to issue refunds, then I am advised Live Nation will be obligated to do so. All I want is my $480 back (and it is a class action - so others who are similarly situated should get their money back too).


I just checked, and the fine print on the back of my Live Nation Rush tickets states:

1.  The event date and time is subject to change.
2.  Live Nation is not obligated to issue a refund for cancelled/rescheduled events if they give you the right within 12 months to 1) attend the rescheduled event or 2) exchange your ticket for a "comparable" event.

Didn't you (and all of us) agree to these terms when you bought your tickets?  As a lawyer, can you please explain?

Also, you are a lawyer and own your own law firm, but cannot afford another $500 for Rush tickets for Toronto (if this is truly what you want)?








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