Sports Lawsuit – Rights Of Ticket Buyers Violated?
This sports lawsuit sounded frivolous at first.
When a New England Patriots season ticket holder sued the team and NFL asking for refunds for their season tickets while the team was illegally taping opposing signals, most people assumed it would be thrown out of court.
Not so fast.
Last week the Third Circuit Court of Appeals heard oral arguments on the plaintiff’s motion to dismiss, signifying that the court is taking the matter seriously. Court watchers often like to make predictions based on judge’s comments and questions, which can be a dicey proposition under normal circumstances, but should give the NFL and Patriots cause for concern in this instance.
Some of the toughest questions came from Judge Robert E. Cowen, who called the taping "a tremendous violation, no doubt about that," of league rules.
Judge Cowen also asked how what the Patriots did was different from a team taking money to throw a game.
The NFL’s floodgate argument, that this lawsuit will result in a flood of lawsuits by disgruntled fans, probably has little merit. The case will be decided on the basis of the relationship and expectations that a fan can rightfully assume when he buys a ticket.
