Fans who didn’t get their seats at last year’s Super Bowl can continue their lawsuit against the NFL, but the Dallas Cowboys are no longer defendants in the case.
U.S. District Judge Barbara Lynn removed the Cowboys as defendants, saying that Super Bowl tickets are a contract between the buyers and the NFL, and that just because the game was played at Cowboys Stadium, that doesn’t make the Cowboys responsible for the fact that many temporary seats weren’t completed in time.
The attorney for the fans, Michael Avenatti, said he’s grateful the judge is allowing the case against the NFL to go forward.
“The Court rejected the NFL’s argument that there is no legitimate claim that the NFL committed fraud against any of its fans,” Avenatti said in a statement. “We look forward to presenting extensive evidence of the NFL’s fraud against its fans, and its breach of contract with the fans, to a jury. The law is clear, you cannot sell seats that do not exist nor can you defraud your fans by selling them first class seats when you know those seats are in reality located behind concrete pillars and posts.”
The NFL says it has already made a fair offer to the fans who were affected by the seating fiasco. 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. Most of the 3,200 fans affected accepted that offer, while the ones who didn’t accept are continuing their lawsuit against the NFL — but not against the Cowboys.