Philly Pops and Philadelphia Orchestra settle two-year lawsuit with Kimmel Center, Inc.

The former Philly Pops and the management entities overseeing the Philadelphia Orchestra and Kimmel Center have reached a settlement to resolve ongoing litigation that began when the Pops ceased operations in 2023. This development was announced to the public on Thursday, marking an important step in the aftermath of the contentious dispute.

The conflict originated in April 2023, when Encore Series, Inc. (ESI), the parent organization of the Philly Pops, filed an antitrust lawsuit against the Philadelphia Orchestra and Kimmel Center, Inc. The lawsuit argued that the orchestra and Kimmel Center were engaged in practices that sought to eliminate the Philly Pops as a competitor in the market for live symphonic popular concert music. ESI also named Matías Tarnopolsky, then-president and CEO of the Philadelphia Orchestra and Kimmel Center, as a defendant, accusing him of attempting to redirect grant funds initially intended for the Philly Pops to the Philadelphia Orchestra.

In response to these allegations, the Philadelphia Orchestra and Kimmel Center denied any wrongdoing. The organizations cited outstanding debts owed by the Pops, including back rent, asserting that ESI was attempting to “force its way back” into the Kimmel Center. They characterized ESI’s actions as a media strategy designed to deflect attention from its own challenges.

While details surrounding the settlement remain undisclosed, both parties released a joint statement indicating their agreement to put an end to the litigation. In this statement, Encore Series, Inc. clarified that the Philadelphia Orchestra and Kimmel Center were not responsible for any of ESI’s financial obligations and expressed regret over any misconceptions that arose from prior public statements. The Kimmel Center also underscored that it would not assume responsibility for ticket refunds related to concerts initially scheduled by the Philly Pops.

In light of ESI’s dissolution, the Philly Pops musicians have regrouped to form a new ensemble known as the No Name Pops. This ensemble has recently been bestowed a new identity honoring the family of the esteemed pianist and conductor Peter Nero, who served as the founding music director of the Philly Pops. Their inaugural performance under the revived name occurred on July 3, highlighting the resiliency of the musicians and the continued presence of this musical tradition in Philadelphia.

As these organizations move forward, the resolution of this litigation represents not only a legal conclusion but also a pivotal moment for the performance arts community in Philadelphia. The fate of live symphonic music and popular concert performances in the city remains an ongoing narrative, one that is now infused with new energy and potential.