NATIONAL HEADLINER BAND BREECH OF CONTRACT - MICHIGAN CONTRACT

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I Booked a National Headliner for one of our concerts and they were a no show. I gave them 1/2 down and the balance was to be payed at the show. We spent $$ on advertisment, the band's rider (wants and needs), commission to a agency to find the band, etc..... The contract for the band is based on Michigan laws, I am located in Florida. I have made several attempts to contact the band's agent and he never picks up the phone or answers my emails. Please advise what my next step is. Thank you.

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Jonathan Pollard ·
Strangely enough, I have a friend (and fellow attorney) who is currently litigating a dispute that is virtually identical. First, it sounds like you possibly have a good case for breach of contract. Your damages there would not just be limited to what you paid the band-- it would also include the money you spent on the advertising, etc. With respect to how you proceed, that depends on the contract. If the contract has a Michigan choice-of-law provision, it would not surprise me if it also has a forum selection clause. You have to look at the contract. If it provides for venue in Michigan, then the case will have to be litigated in Michigan. If there is no forum selection clause, then you could sue them in Florida-- you should have enough contacts to secure jurisdiction/venue. But, as mentioned previously, I'm betting on there being a forum selection clause that matches the choice of law (i.e. Michigan forum). If there is no forum selection clause, and you want to litigate the case in Florida, please feel free to give my office a call. I can either help you or direct you to someone else who can. Best, Jonathan Pollard www.pollardllc.com 954-332-2395
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