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The Honolulu Advertiser
Posted on: Saturday, September 12, 2009

Aerosmith's Hawaii makeup concert 'going forward'


By MELISSA TANJI
The Maui News

WAILUKU, Maui - An attorney said Friday that in "a few days" she will be able to release the date when rock band Aerosmith will hold its Maui concert, which will be put on as part of a settlement in a class-action lawsuit.

"The concert is going to go forward," said Brandee Faria, an attorney representing ticket buyers in the lawsuit.

Originally, the band was supposed to come to Maui following its Mainland tour, possibly this month. But on Aug. 5, frontman Steven Tyler fell off a stage during a performance in South Dakota and the rest of the summer tour was canceled. Tyler broke his left shoulder and needed 20 stitches to close a head wound.

The class-action lawsuit stems from a civil action filed on behalf of four people after Aerosmith pulled out of a 2007 concert at War Memorial Stadium. Members of the group said they had already bought tickets and incurred travel costs.

In July, 2nd Circuit Judge Joseph Cardoza gave final approval to the settlement, which includes the concert on Maui.

On Friday, Cardoza announced his rulings on several motions, including plaintiff's requests for fees and costs.

He awarded the four class representatives $5,000 each. He also approved $350,000 in attorneys fees for the plaintiffs as well as $59,000 in costs.

Faria and John Perkin, who represent the plaintiffs and attended the hearing, said outside of court that they had asked for nearly $600,000 in attorneys fees. They said they received close to the amount of the actual costs in the case. The plaintiffs are also represented by Jim Bickerton, who was not at Friday's hearing.

Perkin said Cardoza was "fair," and added that he did not take the case for the money.

"We did it for the love of Maui," Faria said.

Jay Handlin, an attorney with the law firm Carlsmith Ball on Oahu, represented Aerosmith. He said he and his clients were looking forward to getting the makeup concert scheduled.

Faria said there are 8,700 people in the class action.

In addition to the makeup concert, Aerosmith agreed to provide free tickets to the more than 8,000 people who bought tickets to the concert scheduled two years ago.

According to previous reports, the band will also schedule a public performance on Oahu around the same time as the Maui concert, so ticket buyers could opt to attend the Oahu show instead.

The band has also settled claims for airfare, lodging and other costs associated with the canceled concert.