Tuesday was a bad day for the case against the NFL arising from the seating fiasco at Super Bowl XLV. Wednesday was somewhat better.
On Tuesday, a federal judge ordered that the proposed class action would not be certified, meaning that the individual customers would have to pursue their own legal claims against the league. That could cause many of the potential plaintiffs to simply accept whatever the NFL has offered by way of reimbursement or settlement, in lieu of fighting for all damages available under the law.
On Wednesday, a federal magistrate judge ordered that Commissioner Roger Goodell nevertheless will be required to testify, via a deposition to be conducted no later than August 5, 2013 at the league office in Manhattan.
Goodell will be expected to address only specific topics relevant to the issues pending in the case, and the NFL’s lawyers surely will enforce the limits aggressively.
Still, Goodell would prefer not to submit to testimony at all, in large part because persons in positions of power loathe submitting to any other authority than their own.