The NFL’s recent run of good fortune in federal court recently continued, with one of the oldest cases on the league’s docket.
The U.S. Court of Appeals for the Fifth Circuit has upheld the decision to prevent the Super Bowl XLV ticket lawsuit from proceeding as a class action. However, that decision doesn’t end the case.
“We are now going to try the remaining cases on an individual basis,” lawyer Michael Avenatti told PFT via email. “We are not going to simply pack up and go home. We recovered on average $10,000 for each of the first seven fans.”
There will be far more than seven remaining cases to be tried, with more than 150 claims remaining.
Avenatti told PFT Live last month that the NFL has spent more than $20 million through more than five years of litigation. Absent a settlement, plenty more likely will be spent going forward.
The league scored another victory, which will be relevant to the potential recovery in the remaining cases. The fraud claims arising from the reality that not enough seats were installed to correspond with all of the tickets sold. Likewise, the Cowboys no longer will be separately liable, leaving the league as the primary defendant.