Former Philadelphia Pops concert attendees take legal action against Kimmel Center

The fallout from the collapse of the former Philly Pops is still unfolding in the legal system as a judge has greenlit a class-action lawsuit representing ticket holders who were left empty-handed despite paying for concerts that never took place. The lawsuit was filed by Carol L. Callahan on behalf of ticket holders, citing former Pops parent company Encore Series, Encore’s CEO Frank Giordano, Ticket Philadelphia, and The Philadelphia Orchestra and Kimmel Center, Inc. as defendants. Notably, the new Philly Pops, having acquired the name recently, is not involved in this legal battle.

The lawsuit alleges that an eye-popping $1.1 million in ticket revenue was gathered for concerts that were advertised for the spring of 2023 but never materialized. A ruling from Judge Mia R. Perez on November 13 allowed five of the original ten claims from the suit to advance into discovery, including accusations of fraud, unfair trade practices, and collusion between Giordano and POKC in spreading misinformation. The judge’s decision mandates that Giordano and Encore hand over previously unseen documents to shed light on the situation.

A pivotal point of contention in the lawsuit is Encore’s public statement exonerating POKC from financial responsibility for the demise of the former Pops. Attorney Jonathan Zakheim, from the law firm Astor Weiss Kaplan & Mandel, LLP, representing plaintiff Callahan, emphasized that the veracity of this statement will be called into question once the substantial documentation and information requested from Encore are disclosed. Zakheim believes that thousands of ticket holders could stand to benefit from the lawsuit’s outcome.

POKC has dismissed the lawsuit as “wasteful litigation rooted in a false narrative,” maintaining that it bears no blame for Encore’s failure to deliver on its commitments to ticket buyers. The organization refuted claims that it was complicit in the downfall of the former Pops. Zakheim noted that Encore initially took legal action against POKC in 2023, alleging that the organization sabotaged its finances to orchestrate Encore’s bankruptcy and launch its pops program. The initial lawsuit was framed around antitrust laws but was eventually dropped by Encore.

The new class-action lawsuit echoes similar sentiments but pivots to malpractice law in its legal arguments. It asserts that Encore’s claims were fundamentally misplaced, irrespective of their initial intentions. The legal battle surrounding the Philly Pops serves as a cautionary tale against floundering in murky legal waters, especially amid the volatile terrain of the arts and entertainment industry.