The Super Bowl is headed to Indianapolis ... or court ... depending on where you sit, and, yes, I mean that literally.
A federal judge last week allowed disgruntled ticket holders from Super Bowl XLV -- the game in Dallas where spectators were displaced -- to move forward with a lawsuit vs. the NFL while at the same time dismissing three of their four claims.
That is a group of approximately 4,000 persons, according to Michael Avenatti of Eagan Avenatti of Newport Beach, Cal., the lead law firm for the plaintiffs.
Avenatti is confident of scoring a class-action victory, saying he expects the case to be ajudicated "sometime in 2012," with a decision compelling the NFL "to do what it should have done, which is return 100 percent of every dollar for every Super Bowl expense and to compensate people in excess of what they were offered. The fans are entitled to something for their losses."
Others aren't so certain of the timing or the result, believing the case could go on indefinitely.
In the meantime, the NFL has offered fans who were displaced at the Feb. 6 Super Bowl a choice of two packages. The first involves a group of approximately 2,800 spectators in temporary seats who were either delayed in gaining pre-game access to seats or moved to another location. Those persons have been offered the face-value of their ticket or a ticket to attend a future Super Bowl of their choice.
The second option involves roughly 475 persons who were not able to be seated. They can receive three times the face value of their tickets ($2,800) plus a ticket to Super Bowl XLVI; or a game ticket to the Super Bowl of their choice, plus airfare and four nights at a hotel; a check for $5,000 or a check for more than $5,000, provided they have documented expenses to justify the request.
Persons choosing to attend this year's Super Bowl, which will be held Feb. 5 in Indianapolis, have until two weeks before the game to notify the league of their intentions. They can accept the NFL's offer up to and including the day following the conference championship contests on Jan. 23, which allows them to wait on the teams involved in Super Bowl XLVI.
But there is a third block of spectators that deserves to be compensated, said Avenatti –- those who were seated in areas where views of the field were partially obstructed. He estimated that group to be anywhere from 800 to 1,000 persons. Their inclusion, he said, brings the total number of plaintiffs involved to approximately 4,000.
The number of persons who signed retainers, Avenatti said, is "in excess of 400," but, as he pointed out, "the number is of no consequence." As long as there is one plaintiff in a class-action suit there is a case.
"This is a big deal," he said.
The NFL agrees, though it would not comment publicly other than to say that it was "pleased" with last week's decision "dismissing all claims vs. the league except for a contract claim." It also said it believes "our offers meet or exceed what the fans are entitled to under the law" and that it was "encouraged by the positive response" of those who accepted them.
No comments:
Post a Comment