A bi-partisan group of 32 states and the District of Columbia spent the week trying reach a settlement with Live Nation. On Friday, after failing to reach an agreement, the states withdrew a motion for mistrial and Judge Arun Subramanian ruled the trial will resume Monday with the existing jury.
The 32 states continuing the antitrust case are Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Illinois, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
The trial will restart with the existing jury.
States Hire Tough New Lawyer
Leading the case for the coalition of states is now Attorney Jeffrey L. Kessler, an experienced antitrust litigator. He is often referred to as the "GOAT" (Greatest of All Time) sports law attorney for wins against the NCAA and NFL.
Kessler's cases ended rules limiting benefits for college athletes. That led to the name, image, and likeness compensation and later to direct payments.
His 1992 case McNeil v. NFL is the reason NFL Free Agency exists. Kessler won a jury verdict proving the NFL's "Plan B" residency rules violated antitrust law, forcing the league to allow players to switch teams.
New Motion Filed
Prior to the trial restarting Monday, the states filed a motion in limine "precluding Defendants from introducing at trial any evidence, testimony, or argument regarding Defendants’ community engagement or altruistic endeavors," according to Inner City Press.
The goal of the request is to de-personalize Live Nation and prevent it from winning the jury's sympathy.
Early Testimony
The three days of testimony before the break included venue operators saying Live Nation had threatened to retaliate unless they signed contracts with Ticketmaster.
Transcripts of prior communications were also entered into evidence. In one, two Live Nation ticketing execs joked about how best to “gouge... stupid" fans for parking and V.I.P. upgrades and bragging about “robbing them blind. baby."
A recorded phone call between Live Nation CEO Michael Rapino and John Abbamondi (then-CEO of Barclays Center) was also played for the jury. During the call, Rapino told Abbamondi it would be "tough to deliver concerts" to Barclays if they chose SeatGeek over Ticketmaster.
Witnesses Scheduled To Testify This Week
Jay Marciano, CEO of AEG, Live Nation’s largest competitor, is expected to return to the stand Monday. His testimony was paused last Monday after Live Nation and the DOJ announced they had reached a settlement. Several states later signed on to the deal.
Also slated to testify as the state-led portion of the trial begins or in the coming days:
- Michael Rapino (Live Nation CEO): He is widely expected to take the stand early this week as the state-led portion of the trial resumes.
- Kid Rock: The musician is on the witness list to testify about the "artist's perspective" on touring and Live Nation’s influence on the concert industry.
- Ben Lovett (Mumford & Sons): Lovett, who is also a concert promoter and venue developer, is expected to provide testimony regarding how Live Nation's vertical integration (owning the venues, the promoter, and the ticketing) affects independent artists and venues.
- Robert Davari (CEO of Tixr): He is slated to discuss the barriers to entry in the ticketing industry.
MORE: Live Nation and DOJ Reach Settlement, States Vow To Continue
![Live Nation and DOJ Reach Settlement, States Vow To Continue [UPDATE]](/content/images/size/w1304/format/webp/2026/03/LiveNationTight.png)
