A judge in New York has dismissed brought by a South American concert promoter against Mariah Carey – although parallel litigation targeting her company Mirage will be allowed to proceed.
The case goes back to a number of shows that were due to take place in Argentina and Chile in October 2016 but were cancelled at the last minute with the Carey camp explaining the shows had been pulled because the promoter had failed to fulfil agreed contractual payment commitments. At the time some commented that the shows had been cancelled by Carey’s organisation because of poor ticket sales.
It was Carey’s company Mirage that first took action against promoter FEG Entretenimientos for breaching agreed contractual payment terms and Mirage also argued that the cancellations had damaged Carey’s reputation and meant that she’d lost out on other possible revenue generating work.
FEG had the case moved to New York and then filed counterclaims. It argued that it had paid nearly 75% ($703,100) of Carey’s agreed fee. Whilst acknowledging it was behind on payments, it has said this was customary in its business and that full payment would have been made on completion of the shows. The promoter also said Mirage had given no indication that it was planning on cancelling because of the delayed payments.
FEG sued both Mirage and also Carey directly. It also claimed that Carey had personally defamed FEG in a tweet linking to a E! News story about the last minute cancellations, in which she wrote “devastated my shows in Chile, Argentina and Brazil had to be cancelled. My fans deserve better than how some of these promoters treated them”.
According to Law 360, New York judge William Pauley threw out the claims against Carey herself. He said allegations that Mirage was an “alter-ego” for Carey were “too weak” to hold her personally liable for the company’s contracts. Meanwhile the tweet, he said, simply expressed an opinion.
Judge Pauley said that FEG’s case against Mirage could proceed. Although Mirage presented emails that showed it acted in accordance with its contract with the promoter when cancelling the shows, Pauley said the winder litigation could not be resolved based on that correspondence and nothing else.
Carey is currently performing on her Las Vegas Residency, The Butterfly Returns, at Caesars Palace. Shows will run through September and then resume in February 2019.