AEROSMITH To Hold Maui Concert Under Settlement

April 24, 2009

According to The Maui News, AEROSMITH will perform on Maui and provide free tickets to more than 8,000 ticket buyers to settle a class-action lawsuit over its canceled 2007 concert scheduled for War Memorial Stadium.

Attorneys for the rock band and the 8,356 people who bought tickets for the Maui concert confirmed the settlement. It received preliminary approval Friday from 2nd Circuit Judge Joseph Cardoza.

An attorney said the new concert date hasn't been determined but will probably be sometime in the fall.

Court papers filed last week against AEROSMITH claimed that the band received almost $400,000 in insurance money for scrapping the September 29, 2007 Maui gig. The papers alleged that AEROSMITH pulled out of the sold-out show in favor of both a larger concert in Chicago and a more lucrative private show at the University of Hawaii.

The papers also quoted a 2007 email from the show's co-promoter, Shep Gordon, in which he allegedly compared Hawaii to a "third-world country."

The email warned that fans might take legal action if the band canceled, saying, "At the very least a group of AEROSMITH fans will be greatly disappointed, inconvenienced and possibly put at a financial loss. We have very eager attorneys here who would get involved. Remember in some ways this is a third-world country."

AEROSMITH attorney Jay Handlin called the lawsuit and the claims it raised, including the insurance allegation, "completely meritless." He added that the "third-world country" reference did not reflect the group's views on the state.

The suit claimed that the canceled show cost ticketholders anywhere between $500,000 and $3 million in travel costs, ticketing fees and other nonrefundable charges.

AEROSMITH's lawyer claimed that the band had to scrap the Maui show after the band had to reschedule its Chicago gig to September 24 when singer Steven Tyler complained of an eye problem. The new Chicago date made it logistically impossible to get back to Maui just a few days later.

But lawyers for the fans said that AEROSMITH made more money in insurance fees by canceling, getting $394,000 as opposed to the $250,000 the band would have earned for playing the show.

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