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Suit over Cancelled M'tley Cre Show to Move Forward
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert. Vigo v. Gabe Reed Productions, 3:11-CV-2044-G. In Dec. 2010 and Jan. 2011, Ariel Vigo allegedly negotiated an oral agreement with Dallas-based promoter Gabe Reed for a Spring 2011 M'tley Cre show to be performed in Buenos Aires. Vigo claims he promised he would pay a $300,000 guarantee and a percentage of net revenues, but the show didn't take place. The Argentinian promoter sued Reed for breach of oral contract, fraud, negligent misrepresentation and unjust enrichment.
Denying Reed's motion to dismiss any of Vigo's causes of action, Senior District Judge A. Joe Fish noted: “Vigo has pled a breach of contract claim against Reed. First, he has pled that there was an oral contract, made by e-mail and in person discussions throughout December 2010 and January 2011. Second, Vigo has pled performance by stating that he sent Reed a $150,000 deposit. Third, Vigo has pled that Reed breached the oral contract by not getting Motley Crue to perform for Vigo in Buenos Aires. Finally, Vigo has pled that he sustained damages, consisting of the unreturned deposit and lost profits.”
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