Stewart Gets A Reprieve

A California federal appeals court tossed out a previous ruling that said Rod Stewart owes Harrah’s Entertainment $3 million for canceling a show at the Rio Suite Hotel & Casino in Las Vegas seven years ago because he underwent throat surgery.

The 9th Circuit U.S. Court of Appeals ruled November 14th the singer is entitled to a new trial to straighten out the details of his contract with the Rio.

Stewart’s attorney, Skip Miller, couldn’t be happier at the news.

"The contract has a clause that says if for any reason beyond Rod Stewart’s control the concert can’t be performed, it will be rescheduled," Miller told Pollstar. "He went to the doctor and they found a tumor on his thyroid. I would say that’s beyond his control.

"So we’re right, and the judge – in this case, the district judge – made an error of law for the second time."

The singer canceled the December 30, 2000, concert at the Rio after undergoing throat surgery for thyroid cancer the previous month. The parties have been at odds – and in court – regarding the $2 million deposit Stewart kept ever since.

Last year a jury found that Stewart should return the $2 million to Harrah’s plus interest but that wasn’t the end of it. The latest court ruling puts the case back in the hands of a jury.

Meanwhile, Miller said Stewart would welcome a chance to end the dispute, if possible.

"He’s obligated to do one concert and he’s prepared to live by the contract he signed," Miller said. "We’d like to get the matter resolved. Rod Stewart is one of the greatest of all time and I would think that the Rio and Harrah’s would be delighted to have him in concert and move on."

Harrah’s Entertainment attorney Steve Morris was not available for comment.