Zebersky Payne Shaw Lewenz obtained a dismissal with prejudice on behalf of global entertainment company, Live Nation Worldwide, Inc. In a lawsuit filed by NoNaNi Entertainment, LLC (“NoNaNi”). NoNani, a Florida based entertainment company, filed a lawsuit in the United States District Court for the Middle District of Florida against Live Nation and two prominent hip-hop artists, Polo G and G Herbo. In the suit, NoNaNi alleged that it had contracted with the two artists to perform at an event in Central Florida called Hoopz and Hip Hop, but that both artists failed to comply with the contract. NoNaNi also claimed that Live Nation tortiously interfered with NoNaNi’s contract with the two artists by promoting an event with the same artists on the same day or too close in time to Hoopz and Hip Hop.
Live Nation hired ZPSL’s Commercial Litigation Practice Group to defend the suit. ZPSL immediately filed a Motion to Dismiss the suit based upon Federal Rule of Civil Procedure 12(b)(6), arguing that NoNaNi failed to state a claim. NoNaNi’s attorneys opposed the motion but United States District Judge, William F. Jung agreed with ZPSL’s Motion and dismissed the suit without prejudice. In permitting NoNaNi to amend its deficient Complaint, the Court warned: “NoNaNi would be well advised to study Live Nation’s Motion to Dismiss and address the shortcomings that it focuses on.”
NoNaNi then filed an Amended Complaint with the same deficiencies. ZPSL again attacked the pleading under Federal Rule 12(b)(6) and the Court again agreed. This time, dismissing NoNaNi’s claims against Live Nation with prejudice.
Live Nation Worldwide, Inc. was represented by Jordan A. Shaw and Todd S. Payne from Zebersky Payne Shaw Lewenz, LLP in Fort Lauderdale, Florida.
NoNaNi Entertainment, LLC was represented by Edwin Prado-Galarza from Prado Nunez & Associados, P.S.C in Orlando, Florida, and Manuel Franco from DMRA Law, LLC in Miami, Florida