Legal Question in Civil Litigation in District of Columbia
No Show
on June 1, 2001 I paid a $2500.00 deposit to an agency located in MD in order to acquire the performance of an artist a ''show''. I secured a venue for $2500.00,incurred radio and flyer advertisements costs totalling $6000.00, and also paid a street promotions team $1200. Two days prior to the show I found out from a source at the radio station that the artist I was advertising was sceduled to appear in another state at the same time as my event. I attempted of course to contact the agency with which I booked the artist to no avail. I was able to contact the artist's manager who informed me that they never accepted to perform at my show in DC. Futhermore,the artists's manager said he notified the booking agency that they were already engaged on the date in question. I have called and written the agency and have bee unable to collect my full deposit (They gave me back half of it $1250.00). I now want to sue for the balance and others incurred costs. What is my statute of limitations? Can I sue for more than my out of pocket costs or can I also sue for loss of revenue stemming from having to cancel the show?
2 Answers from Attorneys
Re: No Show
The answer depends in part upon the agreement that you signed with the booking agency. There may be a clause in there limiting the amount of damages you can seek under the contract. If not, then you can sue for both the return of the deposit as well as any damages that are the natural consequences of the agency's breach, such as deposits on the venue, ticket handling charges, and the like. What you cannot sue for under the contract is lost profits.
However, a better question is whether the agency ever had the authority to contract for appearances by the artist. If they never had any such authority, then you are looking at a claim for fraud. Under this theory you may be able to recover lost profits and even possibly attorney's fees.
The bottom line is that you will need the help of counsel in order to protect all of your rights. I suggest that you retain an attorney as soon as possible. While your statute of limitations does not expire for some time (normally 3 years for fraud, 6 years for contract), there are certain practical considerations that make it advantageous to move as soon as possible.
Re: No Show
Mr. Rosen forgets one thing. Assuming that there is no clause in the contract regarding jurisdiction, this matter cannot be heard in NY. The defendant is not located in NY. The show was not to be conducted in NY. There is no jurisdictional basis for a NY Court to render a decision against the defendant.
If you need to contact a lawyer, contact a lawyer in the State where the defendant is located.
Mike.
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