State attorneys general were “kept in the dark and excluded materially from settlement discussions” while they prepared for trial, the filing said. On March 5, the states were “notified of the near-final terms of the settlement at 4 P.M.” and given one day to determine whether to accept or reject them,” the filing said.

States to take over lead role at trial

The US was taking the lead role in the case before the settlement was announced. In addition to seeking a mistrial, the states asked the court to stay the proceedings to give them time “to fully prepare to assume the lead role at trial and explore settlement.”

The states “have had no opportunity to obtain and reallocate the resources necessary to try the case on their own or to meaningfully discuss the settlement with Defendants and attempt to negotiate the terms,” the filing said. “Moreover, despite the primary role that DOJ has played before the jury, the United States (and several additional individual Plaintiff States) will now vanish from the trial… Due to the substantial prejudice caused by this settlement and DOJ’s abrupt exit after taking the lead role up to and during the first week of trial, a mistrial is warranted.”

New York took the lead role in the states’ filing today. “The settlement recently announced with the US Department of Justice fails to address the monopoly at the center of this case, and would benefit Live Nation at the expense of consumers. We cannot agree to it,” New York Attorney General Letitia James said today. “My attorney general colleagues and I have a strong case against Live Nation, and we will continue our lawsuit to protect consumers and restore fair competition to the live entertainment industry.”

Most of the states that backed the filing have Democratic attorneys general. But the group is bipartisan with Republican attorneys general from Kansas, New Hampshire, Ohio, Pennsylvania, Tennessee, Utah, and Wyoming.

Other states involved in the lawsuit either decided to join the US settlement or have not yet taken a position. States agreeing to the settlement are Arkansas, Iowa, Mississippi, Nebraska, Oklahoma, South Carolina, and South Dakota, the filing said. The other states involved in the lawsuit are Florida, Indiana, Louisiana, Texas, and West Virginia.

This article was updated with a statement from Live Nation.