chrislangone Posted July 10, 2010 Share Posted July 10, 2010 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. Link to comment Share on other sites More sharing options...
-D-RocK- Posted July 10, 2010 Share Posted July 10, 2010 How much are you looking for Chris........a few hundred thou? Welcome to TRF! Sorry to hear about the show. Link to comment Share on other sites More sharing options...
Nathan Posted July 10, 2010 Share Posted July 10, 2010 (edited) QUOTE (-D-RocK- @ Jul 10 2010, 05:54 PM) How much are you looking for Chris........a few hundred thou? Not to speak for him, but from what I gather, he just want his $500 back. Maybe more. Class actions don't typically have huge payouts. Edited July 10, 2010 by Nathan Link to comment Share on other sites More sharing options...
-D-RocK- Posted July 10, 2010 Share Posted July 10, 2010 QUOTE (Nathan @ Jul 10 2010, 03:57 PM) QUOTE (-D-RocK- @ Jul 10 2010, 05:54 PM) How much are you looking for Chris........a few hundred thou? Not to speak for him, but from what I gather, he just want his $500 back. Ya, I didn't read that part until after. Chris, I hope you don't have to spend $5K on legal fees to get back your 500 bucks, sometimes it works out that way. An unfortunate incident. Who knows though, perhaps you'll get free front row tickets for the reschedule and Rush will fly you out to Chicago and comp you a suite in their hotel! Best of luck. Link to comment Share on other sites More sharing options...
Xanadoood Posted July 10, 2010 Share Posted July 10, 2010 I just spoke with Neil, and he'll swing by tommorrow night with your refund. Link to comment Share on other sites More sharing options...
chrislangone Posted July 10, 2010 Author Share Posted July 10, 2010 No - all I want is my $480 back - and I want an order from the court (or agreement from the band and Live Nation) that anyone else that wants a refund can get one. As it stands now, refund requests are being denied. I made one before filing the lawsuit and was told no. I don't think I am being an ass for filing a lawsuit when Live Nation is refusing to refund money for a show that did not occur. If it is in fact rescheduled for Sept I cannot go - I'd be happy to go to the 7/17 show in Toronto, or the 7/21 show in Philly, or the 7/23 show in Saratog or 7/24 Wantagh but don't have the $$$ to lay out again -- I think it is totally unreasonable to deny a refund request for a show that did not happen. I think it is unfair to advertise rain or shine and then cancel a show on account of rain and not give a refund. I would have sat through the show notwithstanding the rain and loved it, I'm sure -- but they cancelled it because they could not keep the stage dry and wires shorted - fine - so offer people a refund. I really fnd it hard to believe that people think I should just suck it up and lose $480 for a show that never happened because "shit happens" -- I want to see RUSH - paid to see RUSH and as it stands right now will not be able to see RUSH. Why is Live Nation refusing refund requests? RUSH has the power to order their agent/promoter to honor refund requests and that is what I am askined for. Link to comment Share on other sites More sharing options...
hughes&kettner Posted July 10, 2010 Share Posted July 10, 2010 dude- just wait until the event is rescheduled; RUSH WILL do that...then sell you tix on ebay. even if you get $300-350 for them, it's better than what you will have to pay in legal fees. even if you win, you're still going to be losing $$. and seeing as how big corp's have good lawyers, the probability that you will win the case is not so good... Link to comment Share on other sites More sharing options...
1-0-0-1-0-0-1 Posted July 10, 2010 Share Posted July 10, 2010 Most of you don't need to be told this, but there's always a few who need to hear this as they enter the room... We admins ask that Chris be treated respectfully. He's willing to discuss his reasons for filing this lawsuit. If you plan on asking him questions, ask them in a respectful manner -- not a judgmental one. If you want to express why you disagree with his reasons for filing the lawsuit, that's fine -- but keep it respectful and keep the personal attacks out of it. If your only goal is to bash him, don't bother posting. It will be interesting to see this issue discussed rationally. Personal attacks will make that difficult. Chris, are you still In Chicago? And if so, when do you plan on heading back to NY? Just trying to get a feel for how your trip is going outside of the concert. Link to comment Share on other sites More sharing options...
circumstantial tree Posted July 10, 2010 Share Posted July 10, 2010 I remember driving up to Hampton Coliseum in Virginia to see Rush on the Hold Your Fire show. The show was cancelled on account of Geddy being sick with the flu. We didn't find out until we drove up into Hampton, a two and a half hour drive from my hometown. But we were told that we could use our ticket for another show, which we did when they added Raleigh to their list. I'm so glad it worked out that way. Raleigh was only an hours drive and it turned out to be my alltime favorite Rush show. Link to comment Share on other sites More sharing options...
chrislangone Posted July 10, 2010 Author Share Posted July 10, 2010 @hughes&ketner: I cannot make a rescheduled show in Sept - I need my money back now - I want to see them next week in Toronto or NY but can't get my money back - there are numerous others in my same situation. This is about Live Nation being unreasonable - this suit is about forcing them to do the right thing. How can they keep the $$$ for a show that did not happen? It's not fair. If people want to use their tix to go to a rescheduled show - fine -but I cannot do that in Sept and want my money back now. Stub Hub said they are bound by Live Nation's policy and cannot authorize a refund unless Live Nation does and they said Live Nation says no refunds unless there is total cancellation, not reschedule. I cannot fly back to Chicago in Sept - so I want my back now - i know others are in a similar situation. How can you charge money and not deliver the goods? Link to comment Share on other sites More sharing options...
chrxtopher Posted July 10, 2010 Share Posted July 10, 2010 QUOTE (chrislangone @ Jul 10 2010, 04:39 PM) 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. Why not sue Live Nation instead of Rush?!? For the record, despite also being a lifelong fan from Chicago named Christopher, and who was at that canceled show, I AM NOT THAT CHRISTOPHER. Link to comment Share on other sites More sharing options...
ByTor2112 Posted July 10, 2010 Share Posted July 10, 2010 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. Link to comment Share on other sites More sharing options...
PumpkinHead Posted July 10, 2010 Share Posted July 10, 2010 http://ewpopwatch.files.wordpress.com/2009/09/mel-gibson-beaver_l-1.jpg Link to comment Share on other sites More sharing options...
WCFIELDS Posted July 10, 2010 Share Posted July 10, 2010 good luck with that. Link to comment Share on other sites More sharing options...
the masked drummer Posted July 10, 2010 Share Posted July 10, 2010 (edited) ouch. Sorry about your misfortune... However, the band nor the venue could be held responsible for misc travel expenses when the weather creates a technical problem. The band will come back or else they will refund your ticket money. Everything else is a risk you took. Any event, especially one which relies heavily on tons of sophisticated electronic equipment , is scheduled but NOT guaranteed. A similar thing happened to me in Florida for a Robert Plant concert. It sucks, but these things happen. Your lawsuit is going to fail and is a waste of time in my opinion. No offense, dude. Please let us know how you makeout, and don't feel bad about helping drive the ticket prices up with a frivolous lawsuit such as this one... Edited July 10, 2010 by the masked drummer Link to comment Share on other sites More sharing options...
Xanadoood Posted July 10, 2010 Share Posted July 10, 2010 The issue i have is 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. Link to comment Share on other sites More sharing options...
PariahDog Posted July 10, 2010 Share Posted July 10, 2010 Wow, you're really making a name for yourself: http://www.suntimes.com/entertainment/musi...-070910.article Link to comment Share on other sites More sharing options...
PariahDog Posted July 10, 2010 Share Posted July 10, 2010 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 Link to comment Share on other sites More sharing options...
moedrabowsky Posted July 10, 2010 Share Posted July 10, 2010 You probably should have gone to a show closer to home. Life is full of hard lessons. Link to comment Share on other sites More sharing options...
tangy Posted July 10, 2010 Share Posted July 10, 2010 Sounds like its Stub Hub that is your problem. Buy direct and not from scalpers when traveling great distances. Link to comment Share on other sites More sharing options...
Xanadoood Posted July 10, 2010 Share Posted July 10, 2010 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. Link to comment Share on other sites More sharing options...
PariahDog Posted July 10, 2010 Share Posted July 10, 2010 Shit, I see that you are a lawyer have your own law firm. Link to comment Share on other sites More sharing options...
the masked drummer Posted July 10, 2010 Share Posted July 10, 2010 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 Link to comment Share on other sites More sharing options...
PariahDog Posted July 10, 2010 Share Posted July 10, 2010 QUOTE (PariahDog @ Jul 10 2010, 06:35 PM)Shit, I see that you are a lawyer have your own law firm. Whoops, can I be sued for saying that? Link to comment Share on other sites More sharing options...
pratt53 Posted July 10, 2010 Share Posted July 10, 2010 QUOTE (Xanadoood @ Jul 10 2010, 06:18 PM)The issue i have is 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. Link to comment Share on other sites More sharing options...
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