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Super Bowl class action lawsuit is coming

Florio seat

Buried at the bottom of a story regarding the legal options available in Texas for the fans who showed up with tickets to seats at the Super Bowl and didn’t actually get to sit in them is the clearest indication yet that a lawsuit is coming.

L.A.-based attorney Michael Avenatti tells the Pittsburgh Post-Gazette that his firm is preparing a class action suit of roughly 1,000 persons against the NFL, the Dallas Cowboys, and Cowboys owner Jerry Jones arising out of the seating fiasco, which occurred when 400 fans were prevented from attending the game and another 850 were shifted to other accommodations.

“We think that this is a pretty straightforward matter,” Avenatti said. “People did not obtain what they were told they were going to get.”

The lawsuit will seek reimbursement for travel expenses and other damages.

Later today, we’ll break down the applicable Texas consumer protection law.  For those of you suffering from insomnia.

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31 Responses to “Super Bowl class action lawsuit is coming”
  1. chapnastier says: Feb 9, 2011 8:12 AM

    I think we are up to 150 stories complaining about the Superbow and the city of Dallas in some way. Jerry Jones haters have to be loving every second of this.

  2. tombrookshire says: Feb 9, 2011 8:18 AM

    At the heart of it all is greed. Jones wanted to squeeze a few hundred more asses in seats even though he knew from the jump that it was illegal. And, since the NFL knew it too, and let those folks come all the way to TX anyway, they deserve what they get. A big, fat black eye. The NFL tried to take some remedial action to compensate people, but what inflames the whole issue beyond compensation is what they knew and when they knew it. It is like the authorities knowing that a bridge is about to collapse, but instead of keeping people off of it, they decide to let people anyway, and sort it out later. Great country this has become, where every bloody thing is about money. Common sense, customer service, doing the right thing. All secondary to money. Let the buyer beware has never been a more important warning than today, where the consumer has NO PROTECTION against those who would exploit him or her for money. Happy $uper Bowl.

  3. thenewenglandpatriots12 says: Feb 9, 2011 8:19 AM

    Please for the love of God, stop posting these stories!

  4. jc1958coo says: Feb 9, 2011 8:25 AM

    don’t forget us goodell (a.k.a.) pinnochio haters either! those two clowns are more worried about the owners and the CBA thats why it happened !!!!!!

  5. joetoronto says: Feb 9, 2011 8:25 AM

    “We think that this is a pretty straightforward matter,” Avenatti said. “People did not obtain what they were told they were going to get.”

    You’d think intent would have to play into a lawsuit, imagine if it didn’t.

    I can’t see anybody screwing this up on purpose.

  6. rbrow018 says: Feb 9, 2011 8:29 AM

    These clowns made out like bandits and their still not satisfied!….They got to see the game, go on the field afterwards, free food, free merchandise, triple value reimbursement, and tix to next years superbowl which worse case scenario they can sell for a couple of thousands bucks……all this because they could sit in the nosebleed section.

    This is one of the only instances where I’d ever volunteer for jury duty

  7. steellady says: Feb 9, 2011 8:31 AM

    Why would anyone think they wouldnt sue? This is a sue-happy world ,we had a woman order a hot cup of coffee ,spill it on herself n win a million dollar lawsuit…these people are gonna be set for life.

  8. bartpkelly says: Feb 9, 2011 8:37 AM

    If you join the lawsuit you should lose out on the free tickets to any superbowl as well as the triple face value ticket refund though.

  9. mike83ri says: Feb 9, 2011 8:41 AM

    Any press is good press, right Jerry?

  10. wolfpig2 says: Feb 9, 2011 8:46 AM

    “tombrookshire” post above is must-read material.

  11. PFTiswhatitis says: Feb 9, 2011 8:46 AM

    @rbrown: get your facts straight. 400 of those fans had to watch the game on TV’s, no free food or drinks after spending thousands on travel, hotel accomodations, meals, and SB paraphanalia. Of the other 800, many missed the first quarter of the game due to the NFL messing up. I’d be pissed too.
    The issue is not that they sat in the nose bleed section.

    If you’d ever been to a SB you’d know that having that happen is far from being compensated.

    The NFL’s latest offer was almost fair…but they need to make these people whole first by compensating them for their travel, accomodations, and expenses first. It is that simple.

  12. lowleadman says: Feb 9, 2011 8:47 AM

    Unite, fans of the NFL.

  13. clintonportisheadd says: Feb 9, 2011 8:47 AM

    Nothing is more American than football-that is with the exception of filing lawsuits!

    Its nice these folks have a chance to combine two of America’s great pastimes…

  14. realdeal12 says: Feb 9, 2011 8:56 AM

    Enough of this crap already

    “travel expenses and other damages”

    What damages? was there some sort of injury? I hope a judge laughs them out of the courtroom. There are a million much more important judicial matters that take priority over these clowns and a bunch of lawyers trying to make names for themselves.

  15. potbellyquad says: Feb 9, 2011 9:06 AM

    The sad part is the lawyers sitting in the luxury boxes will receive half the settlement.

  16. fanofschill says: Feb 9, 2011 9:13 AM

    rbrow018. Made out like bandits???

    Imagine your excitement for two weeks leading up to that game? Waking up that morning to see your team play in the SuperBowl. The travel to the stadium, the conversation with mutual fans about how great it’s going to be to get into that stadium. Imagining the kickoff, knowing you are at a game the WORLD is watching. Daydreaming in line about how the field will be, seeing the players introduced …you are in line for 90 minutes waiting for you ticket to be scanned, butterflies in your stomach and then BANG!! They tell you, you don’t have seats, they make you wait until past kickoff to even come to a resolution, a crappy one at that, and you miss all that you have been thinking about and on top of that have to worry about how much you spent $2000 to $10000 for nothing.

    Wow , they let me go on the field when all the players left. If I am a Steeler fan, do I really want to be on the field after losing the SB? What a memory??? Tickets to next years SB? Awesome, I’ll get to watch the Patriots vs the Eagles rather then my team, Thanks NFL!! Maybe tickets to any future SB? Better scenario but neither guarantees me seeing my team which I was “supposed” to be guaranteed this year.

    Yeah, you bet your ass I’d sue.

  17. wickedfootball says: Feb 9, 2011 9:15 AM

    Sounds like a marketing opportunity for Discover. “Meet the ‘Never Miss a Super Bowl Class Action Lawsuit Club’. They used their Discover card to attend the game and even got cash back!!”

  18. TxGrown says: Feb 9, 2011 9:29 AM

    As a Texan and Cowboy fan. I’m embarrassed…thanks jer.

  19. steelersmichele says: Feb 9, 2011 9:32 AM

    Roger Goodell–you’ve got more than one person accusing you of doing something bad. How long of a suspension are you going to give yourself?

  20. dwoofer says: Feb 9, 2011 9:55 AM

    I am spearheading a lawsuit for costs of gas and wear and tear on my shoes and eyes on behalf of all Cardinals fans. The defendants are Whisenhunt, Max Hall, Derek Anderson and his parents.

  21. dequan81 says: Feb 9, 2011 10:06 AM

    What’s real funny is that I read a story somewhere that said that a large majority of those tickets were won in giveaways. So in truth, A LOT of these people were on a free ride anyway. They took a lucky “caller number five” contest and now they’re getting handed the world! Man I wish I was one of those people. I feel bad for the people that had already shelled out a bunch of money for the game. However going on field under the confetti would be awesome! (not a Steeler fan)

  22. deepbacksidedig says: Feb 9, 2011 10:07 AM

    From everything I have seen, wasn’t this a simple paperwork oversight?
    The seats were ready to go, but they didn’t have the proper Fire Marshall approval?

    But this is America, the Courts have become as precious an opportunity as the lottery, and American Idol.
    I would hold out for an expansion franchise in LA.

    Have some little boys and girls crying, Oprah feeling their pain.
    The Golden Dream of Every American’s Lifetime, utterly destroyed by one ugly, cold, wrinkled billionaires greed.

    Then, a reality TV show.
    Call it Jerry’s kids.

  23. realitypolice says: Feb 9, 2011 10:19 AM

    Class action lawsuits are the bane of the legal system.

    Typically, the only people who make out on the settlements from these types of cases are the lawyers.

    Here is what will happen: The lawyers will attempt to have the entire group of people who didn’t get seats certified as a “class”; they will then send out confusing letters telling people that they have to take action if they wish to opt out of the class and pursue their own remedy.

    However, what usually happens is that a great deal of people will not read the notice carefully and ignore it, thinking that not responding will keep them out of the “class” when in fact the opposite is true.

    The lawyers will then reach a settlement with the league that will include a huge payment to them, and some meager benefits for each member of the “class”.

    And then the league will announce that everyone who was certified as part of the class because they didn’t opt out are no longer eligible for the compensation package the NFL offered before the suit.

    And the fans get screwed again.

    As I said last night, fraudulent intent will be virtually impossible to prove here. The plaintiffs will have to prove that the league HAD NO INTENTION of ever giving them seats.

    I guarantee you that whatever settlement they get from a class action lawsuit will fall far short of whatever the league is offering now.

  24. joe6606 says: Feb 9, 2011 11:02 AM

    @realitypolice

    umm maybe if you ever picked up a law book, you’d know that there are a bazillion causes of action that can provide the 400 monetary damages that have NOTHING to do with intent.

    Ever heard of negligence? You know that cause of action that more people get $$ from than any other law suit?

    Depending on the state, the 400 may have actions based in negligence, negligent representation, a whole much of negligence based fraud counts, violation of consumer protection laws, etc, etc. Take a look at the laws of the state you’re located in Vs Texas and pick which state is most plaintiff friendly, and sue there.

    The damages incurred, esp if you are a GB fan, by not getting to see a once in a lifetime event, are admittedly hard to quantify, but juries make these decisions all the time.

  25. steelersmichele says: Feb 9, 2011 11:08 AM

    TxGrown says: As a Texan and Cowboy fan. I’m embarrassed…thanks jer

    Don’t be embarrassed. YOU shouldn’t be.

  26. usernamethatdoesnotalreadyexist says: Feb 9, 2011 11:15 AM

    They don’t have to prove intent for most causes of action, including breach of contract which is surely alleged. They made a contract when they bought the tickets, and the NFL (or Jones or whomever) breached it. One gets reasonable foreseeable expenses incurred when another party breaches a contract. It is quite foreseeable that these 800 or whatever people would buy plane tickets, hotel accomodations, etc. to go to the superbowl.

  27. sterilizecromartie says: Feb 9, 2011 11:22 AM

    I am so sick of these 400 people or however many there are. Everyone is saying that JJ and the NFL got greedy?? These people got nearly $3K per ticket, free merchandise, got to go on the SB field after the game, AND tickets to a future super bowl…. and they still want more!! THAT is the definition of greed.

  28. wte1 says: Feb 9, 2011 11:25 AM

    I didn’t obtain the Star Spangled Banner that I thought I was going to get so I’m gonna start a Class-Action Suit too!

  29. grudenthediva says: Feb 9, 2011 7:31 PM

    “This is a sue-happy world ,we had a woman order a hot cup of coffee ,spill it on herself n win a million dollar lawsuit”

    You would think, but never let facts get in the way of a good myth, eh?

  30. texasbratt99 says: Feb 10, 2011 11:35 PM

    Not sue happy here but my son came in from overseas for this game paid 3 x face value through a valid ticket sales plus 800 in fees to hear invalid ticket. We are Texans I have spoken to nfl upper management and all we ask is the merch he wanted, travel exp and what we paid for the ticket as well as an expense paid trip 100% to a SB of his choice. He may be in a war zone next SB and not able to go.. all they are offering is two tickets to any SB no prime seating… lets see if a $70 a night hotel jacks up for this weekend to 300 can you imagine what a normal 300 hotel will jack up to in another town????? We shelled out for this once in a lifetime event air, hotel and food for 3 in Dallas where we know and can not afford to do it twice that is why it is once in a lifetime… the majority of whom it affected were blue collar for who it is once in a lifetime not generally an everyday deal… NOT all affected got on the field nor got merch or food. I am not sure anyone has really gotten anything. I was told we could sell the offered tickets at a profit but I dont want to have to deal with that..then if they screw it up again someone will be looking at us. So we are holding out for them to decide what they want to offer….

  31. josedelossantos says: Feb 14, 2011 8:39 PM

    J jonesis a lowlife greedy as you can absolutely get–first hand experience here, case closed…..anyone dealing with him deserves what they get——including buying into his ticket scams, I do feel for old people and mentally disabled, special hell for people that take them to the hoop, but for the rest of you, suck it up, you got swindled by the giant of swindlers, put it in your diary and move on…..

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