No one thought the Baltimore Orioles' season could get much worse. First, the team shocks the entire league with one of its best starts in decades, holding first place in the American League East for 62 consecutive days between April and June. Then, things got a little ugly. The team took a nosedive in the standings, and currently sits 10.5 games behind the Boston Red Sox. On August 1, two weeks after collecting his 3,000th hit — and only five months after testifying before Congress that he'd never taken performance enhancing drugs — star slugger Rafael Palmiero tested positive for steroid use. Two days later, skipper Lee Mazzilli was shown the door. And now Van Halen are jumping on the ball club's back.
Last week, the Orioles struck out in their attempt to stop a $2 million lawsuit filed by the rock band. A federal judge has rejected a motion from the Major League Baseball franchise to toss the suit, which claims the team breached a contract it had forged with Van Halen to have the band perform at Camden Yards. According to The Baltimore Sun, Van Halen's suit, filed last August in California, alleges that the baseball team had arranged to have the rock veterans' tour — which kicked off in June 2004 with Sammy Hagar on vocals — make a September 2 stop at its celebrated ball field for what would have been the first concert in the stadium's history. The lawsuit accused the Orioles of backing out of the proposed deal of $1.5 million, plus 80 percent of the ticket and merchandise take, just over a month before the scheduled gig.
The suit, which seeks $2 million in damages, claims the band rearranged its touring schedule to accommodate the Orioles' request. The lawsuit also alleges that the band lost additional revenue due to a non-compete clause in the proposal barring Van Halen from performing in other venues in the Baltimore area, explaining that the band was forced to turn down offers from other concert arenas interested in the tour (see "It's Official: Van Hagar Return For Summer Tour, Record New Tracks").
In his decision, United States District Judge Matthew Byrne Jr. ruled that the ball club failed to support its contention that though an offer was presented to the band, nothing was officially set in stone, the Sun reports. "[Van Halen] has set forth sufficient evidence creating a genuine issue of material fact as to whether the parties entered into a valid, binding contract," Byrne's ruling, issued August 4, reads.
The matter was set for trial this month, before the judge hearing the case fell ill. According to The Associated Press, Van Halen's attorney Howard King claims a trial is now "imminent." No start date for the proceedings has been set.
In better news for Baltimore sports fans, the Ravens season opener's less than a month away.
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