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Mirage Entm't Inc. v. FEG Entretenimientos S.A.

Dismissal of Defamation, Contract Breach Counterclaims Against Singer Explained

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OPINION & ORDER Mirage Entertainment, Inc. (“Mirage”) and Mariah Carey (“Carey,” and with Mirage, “Counterclaim Defendants”) move to dismiss counterclaims asserted by FEG Entretenimientos S.A. (“FEG Argentina”) and FEG S.A. (“FEG Chile,” and with FEG Argentina, “Counterclaimants”) in this breach of contract action. Counterclaimants assert that Counterclaim Defendants breached three contracts between the parties by unilaterally cancelling two South American concerts without affording Counterclaimants an opportunity to cure. Counterclaimants also allege that a 2016 tweet (the “Tweet”) that Carey posted to her Twitter account was defamatory. For the reasons that follow, Counterclaim Defendants’ motion to dismiss is granted in part and denied in part.BACKGROUNDThe allegations in the Counterclaims are accepted as true on this motion. Counterclaimants are South American concert promoters. (Countercls. for Breach of Contract & Defamation, ECF No. 14 (“Counterclaims”)

4-5, 10.) Mirage operates as Carey’s “loan out corporation.”1 (Counterclaims

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