The lawsuit is baaaaaccckkkk!!!!

[crest tattoo]

It's not gone yet guys:

Here's more news on lawsuit...get on with your lives people!!! 09.18.2003 2:41 PM EDT


Creed's Scott Stapp
Photo: VH1


The Chicago judge who last week dismissed a class-action suit filed against Creed by four disappointed fans has given the plaintiffs one last chance.

Circuit Court Judge Peter Flynn dismissed the case "with prejudice," which means the fans' attorney, Daniel Voelker, can amend the suit and refile within 30 days. Flynn also offered an alternate way to approach the complaint. "He thought that if the case proceeds at all it should be on a basis of 'frustrated commercial expectations,' " Voelker said. "It's unusual for a judge to give what might be viewed as legal advice."

Creed attorney Rob McNeely had a different take on the judge's decision. "He absolutely gutted their lawsuit. He said to their lawyer, 'You're asking judges to become rock critics. You're asking us to decide what's a good show and what's a bad show, and that's no business of the judiciary.' And he said, 'If I were to agree with you, it would have a chilling effect on the arts.' "

The fans' suit claimed the band should be held responsible for a December show in which frontman Scott Stapp allegedly appeared drunk, had trouble singing and passed out (see "Sloppy Creed Show Has Fans Suing For Refunds"). Stapp later said he was simply being dramatic (see "Creed Singer Defends 'Symbolic, Personal Gesture' He Made At 'Drunken' Show"). The suit asked the band to refund ticket and parking costs for all 15,000 fans who attended, at a cost of about $2 million.

In its reshaped form, the suit will target Creed for failing to deliver the kind of professional, high-quality performance fans have come to expect. The suit will again allege that Stapp appeared to be intoxicated, was unable to sing properly and passed out.

"Creed have this reputation in the industry as being a band you can count on," Voelker said. "They don't act in a manner you'd expect from Jim Morrison, Janis Joplin or Jimi Hendrix. So by being intoxicated during a performance, concertgoers are entitled a claim for relief."

Voelker said there is legal precedent to back up his complaint, citing a case in which a man sued a painter who had been commissioned to paint a portrait of his wife. The painting didn't look like the woman, so he sought to recover the fee. The defendant argued that since he was an artist, appreciation of his work was a matter of artistic interpretation. A judge disagreed.

"The lead singer was in a condition he shouldn't have been in onstage," Voelker said. "It's analogous to an opera singer having laryngitis and performing anyway. The audience did not get what it was entitled to."

McNeely said that claim holds no water. "He already tried using that argument in the original case and the judge dismissed it," he said. "At a concert there's no contract between artist and ticket holders. A ticket is just a license to be able to go into an arena and be there to the exclusion of somebody else. It's a license to use a premises. It's not a license of a quality performance. It's not even a guarantee that someone's gonna play."

In his original suit, Voelker basically claimed Creed had breached their contract by playing a terrible show and that a substandard performance was tantamount to a cancellation. That contention didn't hold up because Judge Flynn agreed with the defendants' claim that as long as they took the stage, Creed could play one note, thank the crowd and walk off and it would hold up as an appearance. The decision was based on a previous case in which a judge determined that fans couldn't sue the Chicago Cubs for having a bad season.

McNeely said even if Voelker rejiggers his lawsuit, his clients will no longer be able to file a class-action suit because such a case requires everyone involved to have experienced the same loss for the same reason, and there's no way to prove that all 15,000 members of the crowd were unhappy with the show.

"What Judge Flynn did is take a $2 million case down to a $227 case," the amount Voelker's four clients paid for tickets and parking, McNeely said. "And he did if for defense of the arts. We're very pleased with his decision."




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IncrediMail - Email has finally

[JulieCitySlicker]

I heard that at another Creed board This lawsuit is just as bad as the people that sued Mc Donalds cuz they got fat from eating their food Some people are friggen retarted If you eat fast food all the dang time of course your gonna gain weight!

[JulieCitySlicker]

Sorry if that offended anyone:embarass: I thought about that after I posted it

[facelessman]

would they just drop this crap

[ZION1010]

Quote:

Originally posted by JulieLovesCreed
I heard that at another Creed board  This lawsuit is just as bad as the people that sued Mc Donalds cuz they got fat from eating their food  Some people are friggen retarted  If you eat fast food all the dang time of course your gonna gain weight!

yea thats about like this stoopid law suit....man it sucks i personley dont see a future in this case for its plantiffs....like the skidrow case back in 90 that happen springfiled miss. that sucked too...you could see some point to that cicurmerstance the dude got his butt kicked,,,,,,but this case no future....in it

[TeriB19]

You didn't offend Julie, you are absolutely correct, it's beyond ridiculous.

[facelessman]

it sure is

[ZION1010]

yea it sucks

[Jez]

There is no way they are going to win this thing. (The plaintiffs)

[hotforscott]

I wouldn't think so either, Jez!

[crest tattoo]

Being in the Chicago area, I bet that means Mark will not reschedule his meet and greet here, thanks to the &*&$(*s!!

[SCOTTSMYMAN]

This is soo unbelievable!!!!!! Why don't I just go back and sue GNR because they made me wait 2 hours before they came on back in '92! Please!!!!!!!! :madder:

When is the crap gonna end!!! : Well, after they do this again and lose again they'll just look like bigger assholes then they already are!!!!

[Sheila63]

Quote:

Originally posted by SCOTTSMYMAN
When is the crap gonna end!!! :  Well, after they do this again and lose again they'll just look like bigger assholes then they already are!!!!

You are so right, Kris.:madder:

Thanks for posting the info for us, Joy.

[ZION1010]

Quote:

Originally posted by SCOTTSMYMAN
This is soo unbelievable!!!!!!   Why don't I just go back and sue GNR because they made me wait 2 hours before they came on back in '92! Please!!!!!!!!  :madder:  

When is the crap gonna end!!! :  Well, after they do this again and lose again they'll just look like bigger assholes then they already are!!!!

yea i know these our my points ...its a shame...you just i remember the first time i seen areosmith...they was just really off key...for areosmith but i never thought of of a law suit

[crest tattoo]

I just seen a segment on CJ (Celebrity Justice) on this. It is so ridiculous because they aren't suing a "band" for performing badly. They are suing because "this" band was bad, because in the past they were so honest and came out and said this was a honest release for Scott because of his childhood. COME ON!!!