O's lose bid to dismiss lawsuit by Van Halen

Camden Yards concert canceled by club in 2004


August 12, 2005|By Childs Walker | Childs Walker,SUN STAFF

A California judge has denied the Orioles' motion to dismiss a lawsuit by the company that manages the rock group Van Halen, which says the club breached a contract for the band to perform at Camden Yards last year.

Van Halen contends in a suit filed last year in federal court in Los Angeles that the club sought to have the band perform the first-ever concert inside Camden Yards and then backed out of the deal.

The band's touring company is suing the team for "at least" $2 million in damages, saying it rearranged its schedule and lost other opportunities to perform in Baltimore.

The proposed deal would have paid the group $1.5 million plus 80 percent of ticket and merchandise sales for a September 2004 concert.

United States District Judge Matthew Byrne Jr. said the club failed to demonstrate that an offer made to the band was not a promise.

"Plaintiff has set forth sufficient evidence creating a genuine issue of material fact as to whether the parties entered into a valid, binding contract," Byrne wrote in his Aug. 5 opinion, refusing to dismiss the case.

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