Live Nation Defeats $25M Lawsuit Over Concept for All-Women Country Music Festival

A federal appeals has rejected a lawsuit claiming Live Nation was “stringing along” a country singer when the company considered – but ultimately passed on – her proposal for an all-female country music festival in Chicago.

Rae Solomon claimed the concert giant led her to believe it would invest in her idea – a “modern” riff on the famed Lilith Fair with a “predominantly country spin” – only to unfairly back out later. She says Live Nation then stole the concept when it organized an all-women day at 2019’s Lake Shake Festival.

But in a ruling Thursday, the U.S. Court of Appeals for the Sixth Circuit ruled that Live Nation had not made “any misrepresentations in its dealings with Solomon.” The court said Live Nation had offered only “sales talk, future intention, and opinion,” not concrete plans to work with her.

“An expression of interest in participating in a project is not a promise to do so,” the court wrote. “The statement represents nothing more than Live Nation’s interest in the project.”

All of Live Nation’s interactions with Solomon were “non-specific and noncommittal nature,” the court wrote, and the company “did not conceal its questions, doubts, or lack of commitment” to her project.

Solomon pitched the idea of her “Zenitheve” festival to Live Nation’s Women Nation Fund, a program that aims to help “underrepresented female entrepreneur” in the live music industry. And Live Nation’s interest was initially piqued; in early meetings in 2018, company reps told her that Zenitheve was “right down the fairway for the kind of stuff we’re interested in” and “exactly what the fund is set up for.”

But according to court documents, Solomon soon ran into hurdles. She envisioned a lineup including Kacey Musgraves, Maren Morris and other female country stars, but she had not actually booked artists to perform. And after meetings in which Live Nation suggested “keep[ing] the conversation going,” the company soon expressed serious doubts.

Michael Wichser, Live Nation’s senior vice president for mergers and acquisitions, said Solomon’s business plan was “lackluster” and “worried about Solomon’s abilities to obtain artists or get a team in place.” Live Nation’s chief communications officer Carrie Davis, meanwhile, thought her idea was not “compelling or unique” and noted that Solomon had not “confirmed any sponsorships or artists.”

A month after Live Nation formally passed on the idea, the company announced the plan for the all-women day at Lake Shake, a yearly country festival in Chicago. Solomon claims the move led her investors to pull out of Zenitheve, forcing her to halt the project.

She quickly sued, claiming Live Nation had made intentional and negligent misrepresentations to her and demanding more than $25 million in damages. Among other things, she claimed that Live Nation had acted the way that it did so that it could copy her plan.

But in Thursday’s decision, the Sixth Circuit said that motive was directly contradicted by the facts of the case.

“[Solomon] claims that Live Nation misrepresented any intention of working with [her] because it had only one motivation from the start: stringing Solomon along and stealing her idea,” the appeals court wrote. “That speculation, however, crumbles against Live Nation’s uncontradicted evidence that the organizer of the Lake Shake Festival, Brian O’Connell, had no knowledge of the Zenitheve proposal.”