Philly Pops and Kimmel Center settle lawsuit, resolving a two-year dispute with the Philadelphia Orchestra.

The Philadelphia Orchestra and Kimmel Center have reached a settlement with Encore Series, Inc., the former parent organization of the Philly Pops, effectively concluding the litigation that arose when the Pops ceased its operations earlier this year. This announcement came amid a backdrop of disputes dating back to April 2023, when the Pops, which was one of the original resident companies of the Kimmel Center, was evicted from its venue.

Encore Series, Inc. initiated legal proceedings, filing an antitrust lawsuit against the Philadelphia Orchestra and Kimmel Center, Inc. The lawsuit claimed that the Kimmel Center sought to eliminate the Philly Pops as a competitor in the market for live symphonic popular concert music, alleging a monopolistic intent. Furthermore, the lawsuit named Matías Tarnopolsky, then-president and CEO of POKC, as a defendant, accusing him of attempting to misappropriate grant funds initially designated for the Philly Pops to support the orchestra instead.

In its defense, the Philadelphia Orchestra and Kimmel Center categorically denied these allegations, asserting that Encore Series, Inc. was attempting to force its way back into the Kimmel Center amid financial troubles. POKC accused the Pops of crafting a misleading narrative to mask its own operational problems.

While neither party disclosed the specifics of the settlement, a joint statement acknowledged the end of the litigation and clarified that Encore wanted to distance POKC from any responsibility for its debts or obligations. This statement also expressed regret over the accusations made by Encore’s former representatives and noted that these led to undeserved scrutiny of POKC’s leadership.

The joint communication highlighted that POKC had no obligations to ticket holders who purchased tickets for Philly Pops performances that were ultimately canceled. Instead, it stated that Encore was solely responsible for any financial commitments arising from those concerts, including ticket revenue and refunds.

Following the closure of ESI, the musicians of the Philly Pops regrouped to form a new ensemble, now referred to as the No Name Pops, with the acknowledgment of renowned pianist and conductor Peter Nero’s family, who served as the group’s founding music director. The reformed group held its inaugural concert under its new name on July 3.

The resolution of this dispute marks a significant moment for both organizations, as they move forward in a landscape that increasingly emphasizes collaboration and community engagement in the arts.