Marian Anderson Hall
PHILADELPHIA – A fraud claim against Philadelphia’s Kimmel Center will continue, with a federal judge recently allowing it and other allegations made by ticketholders to the now-dissolved version of the Philly Pops to move ahead.
Federal judge Mia Perez last week tossed some of the claims made in a class action but allowed others to move past the Kimmel Center’s motion to dismiss. Among those progressing are violations of Pennsylvania’s consumer protection law and negligent misrepresentation.
It’s one of three notable cases filed over the demise of the Pops. One led to a $1,021,209.72 settlement paid by Encore Series, which ran the orchestra, to the Kimmel Center, where it performed. Musicians also sued Encore for nonpayment of wages.
In the class action, plaintiffs allege they bought tickets to see the Pops in 2023 but those concerts never happened because Kimmel evicted Encore. Lead plaintiff Carol Callahan says she was never refunded her money.
Perez’s order only explains why she dismissed three claims.
“Defendants owed Plaintiff and other class members a duty to disclose the truth about the lack of support for the POPS’ dissolution among Defendants’ respective boards, and the risk that the Pops would not perform its entire 2022-23 season…” says the complaint, filed by Jon Zakheim and others at Astor Weiss Kaplan & Mandel.
Encore had said the Philadelphia Orchestra turned to its brand of symphonic popular music after years of only providing classical concerts in an effort to monopolize the market. The Orchestra had merged with the Kimmel Center in 2021.
Former Pops musicians ended up forming their own group - the No Name Pops - which performed some concerts at the Marian Anderson Hall (formerly Verizon Hall) at the Kimmel Center. That group has now become the new version of the Philly Pops.
Financial troubles at the Pops included its former controller embezzling funds to pay off personal debt, attributing her actions to an addiction to prescription painkillers. She was sentenced to 20 years in prison.
Musicians scored a $300,000 settlement with the Pops in 2023.
