The states’ trial against Live Nation could move forward as soon as next week

Live Nation’s trial is far from over. Several states are looking to move to trial on their own on Monday unless a settlement is reached in the next few days.

On Tuesday, one day after the Justice Department made the revelation to the court I reached a settlement With Live Nation agreed to by a group of states, Justice Arun Subramanian held a hearing on the future of the case. He ordered Live Nation CEO Michael Rapinoe, acting head of the Justice Department’s antitrust division, Omid Assefi, and representatives of the states that had not yet settled to remain in the Manhattan court and try to reach a broader agreement. Subramanian has not yet ruled on a mistrial motion filed by dozens of government plaintiffs yesterday, but he appeared inclined to move forward with a trial next week if they remain unsettled by then. As of Monday, 27 states and Washington, D.C., were part of the group of plaintiffs, out of a total of 40 attorneys general.

It seems that Subramanian is the only one who is optimistic about the possibility of reaching a settlement and is enthusiastic about continuing the trial quickly if it is not reached. Several states have repeatedly said they want to pursue a case against Live Nation in court and will not accept a settlement that does not meet their concerns. “There’s no chance we’ll get this done by Friday,” Dan Wall, a representative for Live Nation, assured the judge.

“Well, not in this situation,” Subramanian replied.

While the court laughed, Subramanian appeared to be mostly serious. He offered his dressing room, the jury room of the usual courtroom, and other spaces for the parties to continue their conversations. “You will stay here,” he told state representatives on the settlement committee, made up of New York, California, D.C., Texas and Tennessee. “We are all here and we will stay here,” he said, including the judge himself, who said he would be present if they reach an impasse.

Wall said states have a range of demands that include not only financial damages but injunctive relief that could include changes to their businesses. He said: “We want to continue to fall here and we will not continue to fall between today and Friday.” Subramanian appealed to Rapinoe’s negotiating experience. “When people focus their attention and are there, that’s 90 percent of the game sometimes,” Judge said.

The Justice Department announced its settlement with Live Nation suddenly on Monday, with the jury waiting outside the courtroom and preparing to continue hearing the previous week’s testimony. Subramanian chided lawyers on both sides for failing to inform him of the settlement earlier, especially since the date on the signed term sheet was last Thursday. The group of states that wanted to continue prosecuting their mistrial claims came forward, saying the jury would be biased if the Justice Department left the case at this point, citing logistical issues that appeared to have been at least somewhat resolved as of Tuesday.

On Tuesday, Subramanian also took turns reprimanding both parties. He questioned why the Department of Justice and Live Nation did not reveal it to him when they signed the term sheet on Thursday, while the jury trial continued on Friday. Asefi said the signing simply represents the two parties agreeing to the “basic terms” of the proposal in principle, and that they plan to continue discussing the details with state attorneys general. For example, the $280 million settlement fund described in the term sheet may only be paid in part depending on how many and which countries join. Since only the states are seeking financial compensation, Wall said those negotiations will take place with them.

As for Live Nation itself, Subramanian seemed skeptical as to why the company backed away from its initial inclination to oppose the US request for a trial, and instead “agreed with the states without any input from the court on a detailed settlement protocol, postponing the trial indefinitely.”

As for the states, he reiterated that they should have been prepared to take up the case, knowing that a settlement was on the table. “It seems like both sides want to go on vacation,” he said.

Before adjourning to the courtroom to continue talks, Subramanian had another positive message: “Good luck.”