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Lawsuit over Super Bowl seating fiasco continues

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A year and a half later, the lawsuit against the NFL, the Cowboys and Jerry Jones brought by fans who were displaced at Super Bowl XLV when temporary seating at Cowboys Stadium wasn’t available is still winding its way through the legal system.

The Fort Worth Star-Telegram reports that the fans and the league have failed to reach a settlement, and the lawyers for the fans filed a motion seeking to begin the case and to force the NFL to pay attorneys’ fees and other costs. The fans say the NFL hasn’t done enough to mollify them in settlement talks.

“The defendants purposefully delayed these proceedings for months in bad faith while falsely claiming to be truly interested in resolving the case,” the plaintiffs’ motion says.

The league, however, says its offer to the fans who were displaced was fair, and most fans accepted it.

“This motion is frivolous,” NFL spokesman Brian McCarthy said in an e-mail to the Star-Telegram. “The overwhelming majority of the claims were resolved more than a year ago. At the plaintiffs’ counsel’s request, we agreed to participate in a mediation to determine whether there was a reasonable basis to resolve what remains of the suit following our successful voluntary reimbursement program with fans. The mediation regrettably was not successful, but we acted with good faith in the process. We are disappointed the plaintiffs’ attorneys would resort to filing a baseless motion.”

The temporary seating fiasco affected about 3,200 fans. Seats were eventually found for most of them, but a few hundred didn’t get seats at all. The fans who were moved to other seats were offered refunds or a ticket to a future Super Bowl, while the ones who weren’t seated at all were offered their choice of a one-time payment of $5,000, or $2,400 and a trip to a future Super Bowl with airfare and hotel included. The fans who didn’t accept those offers are the ones whose lawsuit continues.

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40 Responses to “Lawsuit over Super Bowl seating fiasco continues”
  1. eagleswin says: Jul 2, 2012 7:02 AM

    Sorry. This is just punitive at this point by the fans. Some people figure they can parlay this fiasco into funding their retirement account.

    The league and the Dallas Cowboys have gotten a well deserved black eye in this mess. The media has gotten their pound of flesh in this matter. The league has apologized and offered to generously (within reason) compensate the people.

    Much like the players who filed the concussion suits it has now become about hitting the lottery rather than justice.

  2. cooklynn17 says: Jul 2, 2012 7:02 AM

    Dallas, just a bunch of low class, overrated, underachievers. Their Superbowl they hosted was an epic fail and of course driven out of greed with the seating issue.

    I suspect Jerrah dosent fancy these kind of back page headlines. But the rest of the country thinks there great.

  3. jimbo75025 says: Jul 2, 2012 7:16 AM

    cooklynn17 says:Jul 2, 2012 7:02 AM
    Their Superbowl they hosted was an epic fail and of course driven out of greed with the seating issue

    ————-

    Jeez man, the week before the event had the biggest snow/ice storm for Dallas in almost a decade which screwed everything up from the side events to yes, even the construction of seating as nobody could get anywhere for days. Things happen and sometimes even the best of plans can go awry when Mother Nature has her say. Let it go.

  4. nmking26 says: Jul 2, 2012 7:25 AM

    Those offers seem more than fair. I’ll laugh my ass off if the people continuing the lawsuit end up getting nothing. The smart people took the offers.

  5. j0esixpack says: Jul 2, 2012 7:33 AM

    You know how to TAKE the Reservation – you just don’t know how to HOLD the Reservation…

  6. 12strikes says: Jul 2, 2012 7:33 AM

    I have to agree with eagleswin. This point its the remaining plaintiffs looking for a lottery payout. If I was the NFL I would sweeten the pot by telling the plaintiffs to pick one of the 2 team that played, when that team makes a SB again, you (or your heirs) will get free tickets to that game. That way all the plaintiffs that are saying that a replacement SB is not the same as seeing their team play in a SB would be satisfied.

  7. i10east says: Jul 2, 2012 7:43 AM

    And the critics say that Jax should never host a SB again…

  8. nokoolaidcowboy says: Jul 2, 2012 8:05 AM

    Jerry is too rich not to ride this mess out longer than the fans filing the lawsuit.

  9. rockstart42 says: Jul 2, 2012 8:05 AM

    Yeah only sounds like the ones left are the ones thinking they won the lotto. If the majority accepted a fair compensation then take what they got as well and move on already.

    I don’t consider it an ‘epic fail’. They screwed up, admitted it and compensated the ones that were affected.

  10. kacapaco says: Jul 2, 2012 8:11 AM

    Here comes the sue-happy American face. The league n CowBoys have apologized & offered fair compensations. But as one fan said, some want to make a retirement fund of this fiasco. Unfortunately, only lawyers will make money of this.

  11. philvil41 says: Jul 2, 2012 8:11 AM

    While the offer by the NFL seems fair to most, in my opinion the NFL can never really make it right for this reason.You go to see “your team ” play in the Super Bowl,could be a very long wait before they ever get back,if at all.How does going to see any other Super Bowl that your team is not playing in replace that experience? Unless you get lucky enough to see your favorite team play in another Super Bowl,you missed an opportunity that may never happen again.Certain family members or friends may not be able to see the game with you in person the next time it comes around.Example- what if dad was ill and the game you got screwed out of seeing would have been his last chance to see them because of failing health.Not trying to be litigious,just pointing out there are many factors that need to be realized before you can say the NFL made it right.

  12. binkystevens says: Jul 2, 2012 8:14 AM

    I pray Dallas never hosts another Superbowl. Everything was so spread out, with half the fan base in Dallas, the other half in Fort Worth, and both sides had to drive 20 miles to the crappy little town of Irving, where the stadium is located. While thing sucked.

  13. mdd913 says: Jul 2, 2012 8:16 AM

    “The defendants purposefully delayed these proceedings for months in bad faith while falsely claiming to be truly interested in resolving the case,” the plaintiffs’ motion says.

    —————————————————————-

    Purposefully delayed? Bad faith? Falsely claiming to be interested in a resolution?

    The NFL wouldn’t do these things….no way!!

    [/sarcasm]

  14. cooklynn17 says: Jul 2, 2012 8:17 AM

    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue.

  15. joe6606 says: Jul 2, 2012 8:45 AM

    Here’s far compensation:

    Repayment for all costs incurred as a result of traveling to Dallas for the sb. Every meal. Airfare. Hotel. Taxi/rental car.

    Repayment of price I paid for the tickets. Sorry nfl you & your lawyers know that none of us paid face value.

    Tickets to a future sb of my choice.

    As others stated if I were a gb fan, the missed experience can never truly be compensated. But at least make me financially whole again. I would assume most people spent more than 5000 that weekend. Your settlement offer is a joke.

  16. gadzod says: Jul 2, 2012 8:50 AM

    Why are people hating on these plaintiffs for wanting to make money by any means necessary? Isn’t that what the NFL does? I mean, the average cost a Super Bowl commercial was $3.5M. Considering they scored a TD, kicked the extra point…….Commerical………They kick it off and get a return……….Commercial. If they scored a TD on the kickoff, it would just cycle again. A 60 minute football game is stretched into 3 hours. All for money and greed. “Authentic” jerseys are $250. Hats from New Era? $30. The NFL is a greedy company and I find it hilarious that people are upset they are grabbing a couple of extra dollars because the NFL screwed up with the Super Bowl. Something a lot of these people paid well over 4 figures to attend.

  17. ballsohardu says: Jul 2, 2012 9:01 AM

    Id be mad too. A future superbowl?? One not including your team. Not the same. Feel bad for those people

  18. jimbo75025 says: Jul 2, 2012 9:03 AM

    binkystevens says:Jul 2, 2012 8:14 AM
    …..had to drive 20 miles to the crappy little town of Irving, where the stadium is located. While thing sucked.
    ——————
    The stadium is in Arlington. The old stadium was in Irving but has been rubble for a few years now. Only thing there now (or at least the last time I was in the USA) was a big hole in the ground.

  19. eaglesw00t says: Jul 2, 2012 9:04 AM

    cooklynn17 says:
    Jul 2, 2012 8:17 AM
    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue.

    —————————————–

    They were offered $5000 in compensation per ticket. They were also offered $2400 per ticket, plus airfare and hotel.

    Are you one of those few people who think it takes $50,000 per ticket to “make it right”?

    Seriously. Crap happens. The seats werent ready because they couldnt be installed properly in time. Accidents happen. Do you not understand that or something?

    What do you consider “fair compensation”?

  20. njsteelersfan says: Jul 2, 2012 9:08 AM

    All these ppl that say let it go but if it happen to them they would be the first in line to sue . Thats just like the Saints fans saying nothing happen but if it was the Vikes or another team they would be the biggest linch mob going

  21. jimbo75025 says: Jul 2, 2012 9:09 AM

    cooklynn17 says:Jul 2, 2012 8:17 AM

    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue.
    ———-

    The weather problems meant that the contractors/materials could not get there so the weather certainly impacted the situation. I lived in Dallas at the time and trust me things were a mess there from late Monday night until Saturday morning before the game. You were basically stuck in your house hoping that the power stayed on (unlike for tens of thousands of others in the area who were not so lucky) as the outside temps were around 15 degrees.

  22. scarletmacaw says: Jul 2, 2012 9:16 AM

    The NFL needs to compensate for not just the tickets and travel expenses, but the week of vacation time lost. For people well off enough to afford Superbowl tickets that was probably worth a lot more than $2400.

  23. eaglesw00t says: Jul 2, 2012 9:23 AM

    scarletmacaw says:
    Jul 2, 2012 9:16 AM
    The NFL needs to compensate for not just the tickets and travel expenses, but the week of vacation time lost. For people well off enough to afford Superbowl tickets that was probably worth a lot more than $2400.

    ——————————

    Seriously? Why did anyone need to take a week off of work to watch a football game? And why is the NFL responsible for reimbursing your income?

    They offered the few fans that were displaced $5000 per ticket ($10,000) for a pair, or $2400 PLUS another pair of SB tickets and airfare and hotel.

    You honestly dont think that is fair?

  24. njsteelersfan says: Jul 2, 2012 9:29 AM

    jimbo75025 says:Jul 2, 2012 9:09 AM

    cooklynn17 says:Jul 2, 2012 8:17 AM

    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue.
    ———-

    The weather problems meant that the contractors/materials could not get there so the weather certainly impacted the situation. I lived in Dallas at the time and trust me things were a mess there from late Monday night until Saturday morning before the game. You were basically stuck in your house hoping that the power stayed on (unlike for tens of thousands of others in the area who were not so lucky) as the outside temps were around 15 degrees.
    ———————————————

    Its not like they waited till the last seconds to finish it hmmmm ? That should of been done weeks before the storm . How much time did they have to start preping for the SB what it like 4 years or something ?

  25. mybrunoblog says: Jul 2, 2012 9:56 AM

    Anyone who thinks this mishap won’t give Dallas another Super Bowl is wrong. Very wrong! The Stadium there seats well over 100 k fans. The NFL is almost wetting itself thinking about the revenue those 105 or 110k seats will bring in at a minimum of about $700 per seat. I say the SB will be back in Dallas in 4 or 5 years.

  26. cooklynn17 says: Jul 2, 2012 10:15 AM

    njsteelersfan says: Jul 2, 2012 9:29 AM

    jimbo75025 says:Jul 2, 2012 9:09 AM

    cooklynn17 says:Jul 2, 2012 8:17 AM

    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue. ———-

    The weather problems meant that the contractors/materials could not get there so the weather certainly impacted the situation. I lived in Dallas at the time and trust me things were a mess there from late Monday night until Saturday morning before the game. You were basically stuck in your house hoping that the power stayed on (unlike for tens of thousands of others in the area who were not so lucky) as the outside temps were around 15 degrees. ———————————————

    Its not like they waited till the last seconds to finish it hmmmm ? That should of been done weeks before the storm . How much time did they have to start preping for the SB what it like 4 years or something ?
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    And to add to that, when were the tickets sold, probably months before the game to give fans a chance to make plans. So in essence, they sold tickets to seats that were nonexistent at the time. Smooth move.

  27. stairwayto7 says: Jul 2, 2012 10:20 AM

    Sue the NFL and Jerry Jones for millions!!!!

  28. minnysoda says: Jul 2, 2012 10:38 AM

    eaglesw00t says:
    Jul 2, 2012 9:04 AM
    cooklynn17 says:
    Jul 2, 2012 8:17 AM
    Let it go? Tell that to the hundreds of fans that didn’t have a seat they paid for to watch the SB. Mother nature had nothing to do with the seating issue.

    —————————————–

    They were offered $5000 in compensation per ticket. They were also offered $2400 per ticket, plus airfare and hotel.

    Are you one of those few people who think it takes $50,000 per ticket to “make it right”?

    Seriously. Crap happens. The seats werent ready because they couldnt be installed properly in time. Accidents happen. Do you not understand that or something?

    What do you consider “fair compensation”

    THEN THEY SHOULDN’T SELL TICKETS TO SEATS THAT AREN’T THERE YOU MORON

    This is just stupid on the NFL’s part give the people that got ripped off 50000 and 1st class accommodations to any Superbowl they want to attend Make Jerry pay for it hell he spent alot of money on TO and he just flushed it down the Toilet. He is willing to spend money on crap but not spend money to people he defrauded?

    Yep bad weather too bad so sad prior proper planning prevents piss poor performance

  29. scarletmacaw says: Jul 2, 2012 11:00 AM

    eaglesw00t says:
    Jul 2, 2012 9:23 AM

    Seriously? Why did anyone need to take a week off of work to watch a football game? And why is the NFL responsible for reimbursing your income?

    They offered the few fans that were displaced $5000 per ticket ($10,000) for a pair, or $2400 PLUS another pair of SB tickets and airfare and hotel.

    You honestly dont think that is fair?

    ———————————————–

    I honestly don’t think the offer was fair.

    I’d say one week’s salary plus tickets, airfare, one week’s lodging and meal allowance for a future Superbowl of the fan’s choice. If, after ten years, the fan’s team did not make it back then the fan should get double the value of the trip package instead.

    If I were flying to Dallas from Pitt or GB, I doubt I’d want to just do a three day trip where two of the days were essentially wasted in travel. I’d expect most people to make a week of it. If the fan takes the offer of a future SB, he’s then used two weeks vacation total to see one SB. Remaining vacation time is generally paid as salary when a person leaves a job, so it’s equivalent to cash.

  30. cometkazie says: Jul 2, 2012 11:03 AM

    binkystevens says:
    Jul 2, 2012 8:14 AM
    I pray Dallas never hosts another Superbowl. Everything was so spread out, with half the fan base in Dallas, the other half in Fort Worth, and both sides had to drive 20 miles to the crappy little town of Irving, where the stadium is located. While thing sucked.
    +=+=+

    A number of times when the SB was in New Orleans, fans couldn’t get rooms there and ended up in Baton Rouge – and loved it. Not only did it get them out of stinky and expensive NO, BR is a football town that likes to accommodate football fans.

    Excellent restaurants with moderate prices, friendly people, ya can’t beat it.

  31. cowboyscanada says: Jul 2, 2012 11:10 AM

    The settlement was fair. Sad that the sue-happy American fans are just being greedy.

  32. philgrek says: Jul 2, 2012 11:11 AM

    What an absolute joke. I am a huge football fan (as well as most of you, I’m sure), but this is a GAME. Maybe, just maybe these people should step back and realize that they lost out on watching a GAME. They were not injured. They were not emotionally scarred or traumatized in any way. They were merely inconvenienced. They were unable to watch a GAME……live. To sue for that is beyond irresponsible. Trust me, I feel terrible for some of these people, but they’re being offered more than what they spent. Where else can you sue someone to failing to provide a good or service after they’ve offered much more than a simple refund?? This situation sucks, but again…a GAME! You think you deserve monetary compensation for that? Because you missed out on a fun experience? Get a clue and get your priorities straight. Besides, its not like it was the Browns vs. Lions. Chances are that at least the Packers will be in another SB in the next 5 years.

  33. eaglesw00t says: Jul 2, 2012 11:16 AM

    scarletmacaw says:
    Jul 2, 2012 11:00 AM
    I honestly don’t think the offer was fair.

    I’d say one week’s salary plus tickets, airfare, one week’s lodging and meal allowance for a future Superbowl of the fan’s choice. If, after ten years, the fan’s team did not make it back then the fan should get double the value of the trip package instead.

    If I were flying to Dallas from Pitt or GB, I doubt I’d want to just do a three day trip where two of the days were essentially wasted in travel. I’d expect most people to make a week of it. If the fan takes the offer of a future SB, he’s then used two weeks vacation total to see one SB. Remaining vacation time is generally paid as salary when a person leaves a job, so it’s equivalent to cash.

    ——————————

    Are you actually serious? Did these people not go to Dallas? Did they not enjoy whatever time they did spend there? Did everything else in their life stop existing simply because they couldnt get into the game?

    Your logic and reasoning is flawed and your idea of compensation is ridiculous.

    The NFL, nor the organization, are responsible for anything you planned to do outside of their game.

    You counting someones vacation time from work is ludicrous.

  34. scarletmacaw says: Jul 2, 2012 11:47 AM

    1 0
    eaglesw00t says:
    Jul 2, 2012 11:16 AM

    Are you actually serious? Did these people not go to Dallas? Did they not enjoy whatever time they did spend there? Did everything else in their life stop existing simply because they couldnt get into the game?

    ——————————————–

    I’d rather be working than going through TSA, waiting in airports, and riding in airplanes all for nothing, and using up accrued vacation in the process. I’d rather be working than standing around for hours waiting to find out if I’ll ever actually get a seat. That’s three days I’m sure they didn’t enjoy.

    I have no idea whether or not they enjoyed the remaining time they spent in Dallas. They most likely would have chosen a different place to vacation were it not for their expectation of seeing their favorite team play in a SB.

  35. bizzyb559 says: Jul 2, 2012 12:07 PM

    It doesn’t matter how much money the NFL or Jerry Jones throw at fans who were duped. It doesn’t change the fact they were duped. No matter how great the compensation offered, it doesn’t change the nightmare these people went through and will remember the rest of their life.

    I feel for the fans who had to endure this situation, but Jerry and the NFL are rolling in money and will probably pay some judge off to make this go away. No, that could never happen!

    Hey Jerry, thanks for the SB tickets bro!

  36. granadafan says: Jul 2, 2012 12:16 PM

    Greed begets greed. The NFL is incredibly greedy in the billions they rake in from advertisers, network TV, the exhorbitant ticket prices, etc. Jerry Jones is the greediest of them all with the ridiculous prices charged for games, parking, and concessions. His greed for the Super Bowl led to this fiasco.

    The fans were screwed out of an enjoyable game and they were real fans, not the corporate schills or the “celebrities”/VIPs. However, they STILL got to watch and attend the game. They were not denied entry to the stadium. They have been offered more than fair compensation with an apology. Stop making this your lottery ticket. Not going to happen. At this point, most rational fans are on the NFL’s side.

  37. mjkelly77 says: Jul 2, 2012 12:27 PM

    The fans who were moved to other seats were offered refunds or a ticket to a future Super Bowl, while the ones who weren’t seated at all were offered their choice of a one-time payment of $5,000, or $2,400 and a trip to a future Super Bowl with airfare and hotel included. The fans who didn’t accept those offers are the ones whose lawsuit continues.
    ____________________

    No, the ones who didn’t accept those offers are greedy pigs, attempting to profanely profit at the expense of others.

  38. daysend564 says: Jul 2, 2012 12:44 PM

    The seats these guys purchased were add-on seats. Seats that the Cowboys would not normally put the fans in, because they likely aren’t very good seats. These fans probably paid low end ($700) in comparison to many of the other seats available.

    If the Packers weren’t their team, they have nothing to complain about. They are being offered money, far better seats, free vacation, etc that far outweighs what they had for that Superbowl.

  39. mjkelly77 says: Jul 2, 2012 1:21 PM

    philvil41 says:Jul 2, 2012 8:11 AM

    While the offer by the NFL seems fair to most, in my opinion the NFL can never really make it right for this reason.You go to see “your team ” play in the Super Bowl,could be a very long wait before they ever get back,if at all.How does going to see any other Super Bowl that your team is not playing in replace that experience? Unless you get lucky enough to see your favorite team play in another Super Bowl,you missed an opportunity that may never happen again.Certain family members or friends may not be able to see the game with you in person the next time it comes around.Example- what if dad was ill and the game you got screwed out of seeing would have been his last chance to see them because of failing health.Not trying to be litigious,just pointing out there are many factors that need to be realized before you can say the NFL made it right.
    _______________

    Gee, and here I thought that the Super Bowls were televised.

  40. jimbo75025 says: Jul 2, 2012 2:19 PM

    njsteelersfan says:Jul 2, 2012 9:29 AM
    Its not like they waited till the last seconds to finish it hmmmm ? That should of been done weeks before the storm . How much time did they have to start preping for the SB what it like 4 years or something ?
    —————-

    Little known fact but the NFL does not take over the stadium until a few weeks before the event. It is true the SB planning committee did outline the seats so they were sold. That being said there was certainly a situation outside of anyones control going on in Dallas in the week before the event. If the weather was not absolute crap I am quite sure the seats would have been done and nobody would have ever heard anything about this. Face it, in life there are certain things which are outside our control with weather being one of them. Sad but true.

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