Maui Arts & Entertainment

FINAL APPROVAL REACHED IN SETTLEMENT OF CANCELLED MAUI AEROSMITH CONCERT

July 15, 2009, 7:52 AM HST
* Updated August 11, 3:06 PM
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A Maui court gave final approval this morning to a settlement involving a canceled Aerosmith concert on Maui nearly two years ago.

Circuit Court Judge Joseph Cardoza granted final approval today.  Under the settlement, those who bought tickets to the September 26, 2007 concert and filed a claim as a class action member by yesterday’s deadline, are entitled to (the equivalent of) free General Admission tickets to a rescheduled show.

Plaintiff Attorney Brandee J.K. Faria tells Pacific Radio Group/ Mauinow.com that the class action may result in the highest participation rate in Hawaii history, with thousands of class action members endorsing the suit.

As part of the settlement, Aerosmith has agreed to come to Maui to perform a Rescheduled concert at a date and venue to be announced in either September or October (2009) at the War Memorial Stadium.  In addition to the Maui concert, Aerosmith will also perform an additional concert on Oahu that will be open to the general public in late September.

Plaintiff attorneys anticipate the dates for the concerts will be finalized sometime over the next several weeks.

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A BRIEF RECAP:

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The rock band was scheduled to perform on September 26, 2007, but canceled the event claiming band equipment could not arrive in Hawaii in time for the Maui Show.

Aerosmith was already scheduled to perform a private show on Oahu for Toyota car dealers on September 29th.  On September 10th, the band announced, that due to an illness in the band, its larger Chicago show scheduled for that evening was canceled.  On September 14, Aerosmith announced that the Chicago concert would be rescheduled to September 24th, 48 hours before the Maui Concert.  On September 19th, 2007, the Maui Concert was canceled.  On September 20th, Aerosmith issued a statement that “it is not logistically possible for the band’s equipment to make it to Hawaii in time for the scheduled Maui show.”  Aerosmith came to Hawaii and performed its private show for the Toyota car dealers as scheduled on September 29th, using a stage and sound system provided by Toyota.

The suit asserts the band canceled the show for financial, not logistical concerns, violating Hawaii Law protecting consumer rights.   In a notice of the proposed settlement, the Plaintiffs contended that: “Aerosmith Defendants knew they could not make any money on the Maui Concert due to shipping costs when they rescheduled the Chicago concert to 48 hours before the Maui Concert, but rescheduled it nonetheless as they had show cancellation coverage under which they made a claim, and they were ultimately paid almost $400,000 due to the cancellation.”

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The Defendants denied the allegations and claims, contending that: (1) there was no false or deceptive marketing; (2) they always intended for the concert to be performed; (3) they did not sell tickets or advertise the concert; (4) the concert was cancelled only when it was belatedly learned that delivery of Aerosmith’s equipment could not be guaranteed in time for the performance; and (5) they lost money by not playing the Maui Concert, since most of the insurance money was for actual out-of-pocket costs they had to pay as a result of the Chicago rescheduling and Maui cancellation.

(By Wendy Osher © 2009; placeholder image from 2007 World Tour)

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