Rio Properties Inc. v. Stewart Annoyances Ltd.
Published: Dec. 3, 2005 | Result Date: Sep. 7, 2005 | Filing Date: Jan. 1, 1900 |Case number: CVS01459LRH(PAL) Verdict – $2,000,000
Judge
Court
USDC Nevada
Attorneys
Plaintiff
Defendant
Louis R. Miller III
(Miller Barondess LLP)
Experts
Plaintiff
Owen Sloane
(technical)
Defendant
Joseph Sugerman
(medical)
Martin Kravitz
(technical)
Facts
In November 2000, Rod Stewart informed the Rio All-Suite Hotel and Casino in Las Vegas, Nev., that he could not perform a scheduled concert during the New Year's Day weekend of January of 2000. He had undergone throat surgery in May of 2000 to treat thyroid cancer, and could not perform because he was still recovering. Stewart refused the Rio's request that he return the $2 million contract fee. He demanded, pursuant to the contract terms, that the Rio reschedule the gig.
Damages
The Rio requested that the $2 million advance be returned to it, or for contract damages of $2 million. It did not seek specific performance.
Result
The jury found no enforceable contract, so that Stewart had to return the $2 million, with interest, to the Rio.
Other Information
Counsel for the Rio plans to move for costs and fees pursuant to the fees clause in Stewart's contract.
Deliberation
three hours
Length
two weeks
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