Magician Nathan Burton
Las Vegas Strip magician Nathan Burton has been sued by a company claiming to be owed money from a ticket sales revenue-sharing agreement.
The suit was filed Wednesday in Clark County District Court by Voelkner Productions LLC against Burton and two of his companies.
Voelkner, headed by William and Kathleen Voelkner, says in the suit that around November 2007, Voelkner Productions started negotiating for Burton to bring his comedy magic show to the Flamingo and that a deal was signed there effective in April 2008.
The suit says that in exchange for Voelkner’s assistance in the negotiations with the Flamingo and in the production of the Nathan Burton Comedy Magic Show, Burton had agreed to share ticket revenue and should have paid Voelkner about $182,410 to date, but has paid only $9,145.
That leaves about $173,265 still due, the suit claims. Those numbers are based on information from a ticket-tracking company, the lawsuit says.
Burton on Thursday didn’t comment on specifics in the lawsuit, but said the allegations are “without merit.”
“I pride myself on the great relationships that I have with the many dozens of professionals that I deal with in bringing my show to the public,” he said, calling the suit “both surprising and disappointing.”
The lawsuit, filed by attorneys with the Las Vegas office of the law firm Greenberg Traurig LLP, asserts claims of breach of contract, unjust enrichment, breach of the implied covenant of good faith and fair dealing, and conversion. It also demands an accounting of the tickets sold and what they were sold for.
It says Voelkner’s deal with Burton was intended to be in force during the duration of Burton’s show at the Flamingo, or any Caesars Entertainment property.
The lawsuit says Burton had agreed to pay Voelkner $1 for each ticket sold, except when tickets were sold for $8.95 or less.
Voelkner was to receive no money from complimentary tickets.
The lawsuit says that if in a given week the number of tickets sold for $8.95 or less exceeded 10 percent of the attendance for that week, Voelkner was to receive $1 per ticket beyond the 10 percent.
Lately, the Flamingo has been marketing tickets to the show on its website for $34 and $44, plus fees.
Burton in April 2010 marked his 500th show at the Flamingo.
Interviewed April 29 on the Las Vegas Sun podcast Kats With the Dish,” Burton said the show has been doing well and Caesars Entertainment is pleased with its performance.
“They’re very happy with our numbers,” Burton said on the podcast.