Hall of Fame Game lawsuit re-filed in California, dismissed in Ohio

AP

The NFL’s decision to embrace L.A. as a location for the Rams also means the NFL will from time to time have to embrace the L.A. civil justice system.

The lawsuit seeking compensation for fans who attended the Hall of Fame Game earlier this month in Canton, Ohio has been voluntarily dismissed without prejudice from federal court in Ohio and re-filed in the U.S. District Court for the Central District of California. To support the choice of the L.A. area as the forum, the class representative, Greg Herrick, is a resident of L.A. who purchased a ticket to the Hall of Fame Game and traveled to Ohio for it.

The lawsuit also points out that the NFL has four teams in California “including one within this district” — the Rams.

The allegations aren’t significantly different than the prior version of the lawsuit; the biggest change appears to come from allegations based on statements made by Colts punter Pat McAfee in a podcast the day after the canceled game. It’s likely that revised legal claims eventually will be filed to allege, among other things, fraud in the concealment of the cancellation of the game from the fans who had assembled at Tom Benson Hall of Fame Stadium for it.

The biggest reason for the decision to proceed in federal court in Los Angeles likely comes from the belief that the combination of the judge, the jury pool, and the appeals court will lead to a better outcome for the plaintiffs. For that reason, the NFL and the Hall of Fame likely will fight the choice of venue, attempting to secure a transfer of the case to a more favorable location.

Picking the best forum is a key aspect of good lawyering. The NFL did that last year, when filing the initial lawsuit regarding Tom Brady’s suspension in federal court in Manhattan, before the NFL Players Association could filed a lawsuit attacking the suspension in federal court in Minneapolis.

19 responses to “Hall of Fame Game lawsuit re-filed in California, dismissed in Ohio

  1. The NFL will win again they offered fair compensation. This lawyer is no better then an ambulance chaser

  2. The owners need to take a page out of NASA’s book…

    You’re supposed to start with a monkey at the helm and work up towards a human being.

    The NFL owners started with a human being at the helm and are ending with a monkey.

  3. Who is filing suit ? Tammy Brady’s lawyer ? Will will these ambulance chasers learn . The all mighty all powerful all knowing benevolant Roger Goodell CANNOT be defeated

  4. Lets have a show of hands. How many Fan Boys really think that Roger runs the league?? WOW! Did you know that even in the areas where he has broad decision making discretion, the parameters are all defined by the owners? Did you know that everything he does is overseen by majority owner vote? Hey Fan Boys, if you hate Goodell so bad, how come you blindly support his product? Has your income or relationships suffered because of his actions? Has he increased your taxes? Do you not have anything else to worry about which directly affects your life??? Tick tock.

  5. I agree – this was done precisely because of the 9th Circus Court – real judges with real legal training would have thrown this out. Now this case will be heard by a team of idiots who could make up a law firm called, “Clown, Hear and See No Evil, and Court Jester”.

    I fail to see how this case has any merit – you bought a ticket to a preseason game that has not one bit of importance, you still got to see the HOF and its exhibits – you were offered ticket refunds – and the league does not maintain the field and had no control over how it was managed.

    I think the “victims” of the case should be offered 2 free Big Macs and a raised middle finger salute from both hands. And I would rescind the ticket refund and tell the “victims” to go visit Satan.

  6. The cancelled game was to be in Ohio, the two teams are from Wisconsin and Indiana and the NFL is based in New York. Seems like any of those 4 venues would be more appropriate than a location that while having an NFL team actually had nothing to do with things that went on.

    If you’ve got a solid case you should have a solid case in any of those 4 locations.

  7. I’m with atwatercrushesokoye…

    I’m betting that this yahoo out in LA is a Packer stockholder.

  8. Lawsuit is credible, NFL scammed the fans. NFL has proven to be liars so I can only root for the fans to get their money back and more. NFL wasted 15 million on psi so they can take care of the fans they conned.

  9. whoareyoutoquestionme says:
    Aug 23, 2016 6:54 PM

    Lets have a show of hands. How many Fan Boys really think that Roger runs the league?? WOW! Did you know that even in the areas where he has broad decision making discretion, the parameters are all defined by the owners? Did you know that everything he does is overseen by majority owner vote? Hey Fan Boys, if you hate Goodell so bad, how come you blindly support his product? Has your income or relationships suffered because of his actions? Has he increased your taxes? Do you not have anything else to worry about which directly affects your life??? Tick tock.
    ——————————-

    Oh great. Another of Roger’s fanboys.

  10. A plaintiff can automatically dismiss a federal court complaint prior to a response being filed. Likewise, the same plaintiff can refile the case in any other federal district court of appropriate venue that has jurisdiction.

    This is an extremely normal occurrence. It has nothing to do with ambulance chasing, nor will the eventual judge or jury give any consideration to the previous filing. In fact, the plaintiffs have no way of knowing what California District Judge they will draw.

  11. Who are these posters bashing the lawyer and (ostensibly) supporting the most shameless and bumbling league office in NFL history? Are you being paid?

  12. whoareyoutoquestionme says:
    Aug 23, 2016 6:54 PM
    Lets have a show of hands. How many Fan Boys really think that Roger runs the league?? WOW! Did you know that even in the areas where he has broad decision making discretion, the parameters are all defined by the owners? Did you know that everything he does is overseen by majority owner vote? Hey Fan Boys, if you hate Goodell so bad, how come you blindly support his product? Has your income or relationships suffered because of his actions? Has he increased your taxes? Do you not have anything else to worry about which directly affects your life??? Tick tock.
    ==========================
    Ignorance must truly be bliss for you because you refuse to give it up. Goodell is as much the puppet of the owners as the ocean is fresh water. He plays them like fiddles because he has managed to break them down into separate cabals while making them all money. No one wants to give up the gravy train.
    This time is different though. There is an outsider involved. And the biggest threat is access to Goodell’s communications. The owners won’t stand for that because they just can’t be sure what’s contained in those files. What we don’t know is whether the lawyer dislikes Goodell enough to not accept a settlement that doesn’t include him being fired. That would be sad if Goodell survives this cluster as well.

  13. tonyzendejas says:

    Who are these posters bashing the lawyer and (ostensibly) supporting the most shameless and bumbling league office in NFL history? Are you being paid?
    ————————

    With all of the time they waste on it, I’d hope so.

  14. atwatercrushesokoye says:
    Aug 23, 2016 7:13 PM

    The cancelled game was to be in Ohio, the two teams are from Wisconsin and Indiana and the NFL is based in New York. Seems like any of those 4 venues would be more appropriate than a location that while having an NFL team actually had nothing to do with things that went on.

    If you’ve got a solid case you should have a solid case in any of those 4 locations.
    ———————–

    Roger has a couple of judges at the 2nd Circuit Court of Appeals on retainer, so they wouldn’t file there.

    Isn’t Wisconsin where Roger had to go for contempt of court, or was that Minnesota?

  15. Picking the best forum is a key aspect of good lawyering.

    Actually, picking the best forum the first time out would have been good lawyering…

  16. I wasn’t there so I don’t really care.

    Though I do think the NFL is right and the fans are wrong.

    And all of this over a BS “game.”

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!

This site uses Akismet to reduce spam. Learn how your comment data is processed.