Live Nation Seeks Trial Delay To File Appeal

Live Nation is asking a judge to delay its trial — set to begin with jury selection March 2 — while it files an appeal on a recently decided summary judgment motion.

Late Sunday, lawyers for the live giant asked U.S. District Court Judge Arun Subramanian for leave to appeal to the Second Circuit his decision to send to trial allegations that Live Nation exercises monopoly power over ticketing at major concert venues and that it illegally tied amphitheater usage to its promotion services. Subramanian already dismissed charges brought by the Department of Justice that Live Nation monopolizes concert promotion and booking services at major venues. In that decision, Subramanian also rejected Live Nation’s argument that the nearly 40 state-level plaintiffs could sue on behalf of their citizens.

In the Sunday motion, Live Nation argues there are substantial questions of law in Subramanian’s ruling that should be reviewed by the appeals court. Attorneys for the company say that the judge erred, citing incorrect case law in coming to his decision and that a ruling that goes in their favor “dramatically change” the nature of the looming trial.

Because Live Nation’s arguments hinge on questions of law — in essence, whether, in allowing the charges to proceed, Subramanian relied on cases that are irrelevant to the matter at hand or ignored those that are — the motion requesting the stay hints that Live Nation is going to appeal the outcome of the trial — should it lose, of course — regardless of whether the current appeal is granted. For that reason alone, simply allowing the appeals court to decide now rather than later meets the standard of judicial economy — in other words, not wasting time and money on a trial that may well ultimately be overturned on appeal anyway.

The final pre-trial conference was scheduled for Feb. 23, but has now been delayed to Feb. 25 due to the winter storm pummeling the Northeast.