Suing the NFL

[Tony Oday]

http://sports.yahoo.com/nfl/blog/shutdown_corner/post/Fans-file-suit-against-NFL-and-Cowboys-over-Supe;_ylt=AiPDlfFoBshQ4tRBnGfOaXJDubYF?urn=nfl-319085

SO $5 million filed on contingency means that the lawyers will take 33% plus fees which usually is about 42% of the total settlement, this will never go to court. Lets do the math!

$5 million total
$2.1 million to the lawyers
$2.9 million to the plaintiffs
1000 fans in the lawsuit

$2900 per fan...they were offered 3 times the face value...$2400, airfare, room and board for the next super bowl transferable OR non transferable and go to ANY ONE YOU WANT!

People are dumb

[mission]

Class actions always seem to be the doing of lawyers and aren't usually overwhelmingly-positive for the plaintiffs.

I forgot what it was exactly but my wife randomly got a class action notice that she was included in and she was entitled to like $26 with thousands of others. Lawyers made out. Not sure if she even responded to claim her share.

[Smeefers]

Class actions always seem to be the doing of lawyers and aren't usually overwhelmingly-positive for the plaintiffs.

I forgot what it was exactly but my wife randomly got a class action notice that she was included in and she was entitled to like $26 with thousands of others. Lawyers made out. Not sure if she even responded to claim her share.

The thing is, this wont even go to court, the NFL will negotiate down and so the plaintiffs will get even less. I blame the NFL though. They definitely brought this on themselves and offered crap as compensation.

[Patler]

The thing is, this wont even go to court, the NFL will negotiate down and so the plaintiffs will get even less. I blame the NFL though. They definitely brought this on themselves and offered crap as compensation.

Early in a negotiated settlement, the lawyers' % is often significantly less than later or after trial. The plaintiffs' take of a higher percentage of a smaller overall pot might not be any worse.

How much does everyone think each person is entitled to? Assume it was a $900 face value ticket. A lot of questions:

- Is it the NFL's responsibility if the fan was willing to pay $2500 for it to a travel broker?
- Does the travel broker have any responsibility?
- Some event insurances fans may have purchased could be involved. Does that affect it?
- What about the extraneous travel costs, airfare, lodging, etc?
- Does it matter if the fan purchased the ticket in advance, or went down there looking for and buying a ticket?

How much should the NFL be willing to pay and the fans be willing to accept, recognizing that it is a group resolution in which some might be shorted and others make out very well, while for most it is fair? $2,000? $3,000. $5,000? More?

[Tony Oday]

Early in a negotiated settlement, the lawyers' % is often significantly less than later or after trial. The plaintiffs' take of a higher percentage of a smaller overall pot might not be any worse.

How much does everyone think each person is entitled to? Assume it was a $900 face value ticket. A lot of questions:

- Is it the NFL's responsibility if the fan was willing to pay $2500 for it to a travel broker?
- Does the travel broker have any responsibility?
- Some event insurances fans may have purchased could be involved. Does that affect it?
- What about the extraneous travel costs, airfare, lodging, etc?
- Does it matter if the fan purchased the ticket in advance, or went down there looking for and buying a ticket?

How much should the NFL be willing to pay and the fans be willing to accept, recognizing that it is a group resolution in which some might be shorted and others make out very well, while for most it is fair? $2,000? $3,000. $5,000? More?

When the person provides a reciept for what they paid for the ticket, lodgings, travel and weekend expenses the NFL should reimburse that, purchase a new "beautiful person" seat for the next SB that the person wants to attend including airfare, hotel and weekend stipend similar to the one reimbursed and if the team that the person being reimbursed for, ie was a Steelers Fan or a Packers Fan, does not make it in the next 5 years then that person is entitled to a "once in a lifetime" type experience on the SB...Grand Marshal, Announcing for a drive, something that you just cant buy type thing.

That is the MAX that I think they have to do and to be honest I have never read the ticket so who knows if they have to do anything.

[mmmdk]

:wow: :eyes:

[Patler]

When the person provides a reciept for what they paid for the ticket, lodgings, travel and weekend expenses the NFL should reimburse that, purchase a new "beautiful person" seat for the next SB that the person wants to attend including airfare, hotel and weekend stipend similar to the one reimbursed and if the team that the person being reimbursed for, ie was a Steelers Fan or a Packers Fan, does not make it in the next 5 years then that person is entitled to a "once in a lifetime" type experience on the SB...Grand Marshal, Announcing for a drive, something that you just cant buy type thing.

That is the MAX that I think they have to do and to be honest I have never read the ticket so who knows if they have to do anything.


So the fan is entitled to a windfall just because his seat wasn't available? Seriously?

[pbmax]

So the fan is entitled to a windfall just because his seat wasn't available? Seriously?

They need to cover the expense of the trip. The NFL and Cowboys knew before GameDay that the seats would be unavailable. And that cannot be the first indication of trouble.

The ticket actually declared (or declares, they might all say this now) that the ticket was no guarantee of an actual seat. But this issue makes the NFL and Cowboys look foolish. Pay the expense of the weekend (lodging, food, travel) and let them have a similar ticket to a future Super Bowl. If the NFL wants to pinch pennies, agree to arrange for travel and lodging for the future game.

[Little Whiskey]

If the NFL wants to pinch pennies, agree to arrange for travel and lodging for the future game.

I think they've done this

[Patler]

They need to cover the expense of the trip. The NFL and Cowboys knew before GameDay that the seats would be unavailable. And that cannot be the first indication of trouble.

The ticket actually declared (or declares, they might all say this now) that the ticket was no guarantee of an actual seat. But this issue makes the NFL and Cowboys look foolish. Pay the expense of the weekend (lodging, food, travel) and let them have a similar ticket to a future Super Bowl. If the NFL wants to pinch pennies, agree to arrange for travel and lodging for the future game.

Actual expenses of each, or a fair "average" expense for each? If I had a $300 motel for two nights only, and you decided to come down on Wednesday and stay for 5 nights at a hotel that cost $500 per night, do I get $600 and you get $2500? Presumably you did what you intended for the extra time you were there.

What if I drove to Dallas, and you decided to fly first class? Who gets what?
What if we both flew, you 1st class and me cheaply, you rented a Cadillac and I rented a subcompact?
What if you got a free ticket with frequent flier miles which you would have otherwise lost?

Is there an average that should be considered, like a maximum of two nights?

[Little Whiskey]

send your travel expenses and the NFL reimburses you. receipts = repayment. make them whole. f*ck giving them another sb ticket. if they want another, use the restitution money to buy one.

[Patler]

send your travel expenses and the NFL reimburses you. receipts = repayment. make them whole. f*ck giving them another sb ticket. if they want another, use the restitution money to buy one.

So if you decided to make a week of it, of which the actual game was only a part, do you get reimbursed for the whole week?
If you eat $200 dinners and I eat at McDonalds, who gets what?
The choices to stay longer at a very lavish hotel and eat expensively are not contingent on having a seat at the game. Those are independent expense decisions presumably made for the enjoyment of the person unrelated to the game. Is it fair to require the NFL to reimburse someones lavish tastes, or just a reasonable, average amount to attend the event?

After all, this does not require "punishment" of the NFL, or does it??

[pbmax]

Actual expenses of each, or a fair "average" expense for each? If I had a $300 motel for two nights only, and you decided to come down on Wednesday and stay for 5 nights at a hotel that cost $500 per night, do I get $600 and you get $2500? Presumably you did what you intended for the extra time you were there.

What if I drove to Dallas, and you decided to fly first class? Who gets what?
What if we both flew, you 1st class and me cheaply, you rented a Cadillac and I rented a subcompact?
What if you got a free ticket with frequent flier miles which you would have otherwise lost?

Is there an average that should be considered, like a maximum of two nights?

The NFL and Cowboys failed to deliver on a significant part of their contract. Legally, there may be a high hurdle to clear given the ticket's disclaimer that the possession of said ticket does not guarantee a seat. But logically, they agreed to provide entrance to the event and a seat. Plans were made based on that agreement. I would say you reimburse actual cost (with receipts).

But there is a question you raised: what if they traveled to the game and purchased tickets after arriving?

Logically, for a full reimbursement, expenses would be covered only AFTER the purchase of the ticket. And that may be one reason (probably not the only one) why the lawsuit exists. Some have less of a case than others and they are leveraging the worst case scenario. But to allow the mess to wind its way through court or negotiate with each individual will take a long time.

Which is why, if I am the NFL, I would chose to cover legit expenses that can be documented for the trip, pre or post ticket. However, by my logic, people who were actually moved to different seats would be treated similarly to people who had to watch on TV. A friend of a friend knows someone who went through this in Dallas and were among those moved to the field level club. The only way to see the actual field was to stand on a stool at the windows so one could see through the players.

Most watched the TV.

[Tony Oday]

So the fan is entitled to a windfall just because his seat wasn't available? Seriously?

Well in this case this could be a once in a lifetime thing for these people so yes they should be reimbursed for the weekend. Friday to Sunday provide individual receipts and to make up for missing it, and now the PR nightmare, do what I said previously

[MadtownPacker]

If jerry jones is having to pay any of it sue the shit out of him. He probably just did it to hate on the Packers and Steelers fans.

[MadtownPacker]

http://sports.espn.go.com/dallas/nfl/news/story?id=6109257

Sorry but if youre one of those 400 you got jacked hard. That lady was a season ticket holder. The NFL cant buy her back the experience she missed. The part of getting to go on the field is the only shining light. Damn good one for sure.

I would take what the NFL is offering and call it even because there isn't much else you can do.

[MJZiggy]

That's what happens when you're so damned greedy. you just have to have the extra $$ from those seats, right Jerry? Maybe they should have installed the seats before they sold the tickets to them.

[pbmax]

Florio at PFT just noted the NFL is also offering refunds or a ticket to a different Super Bowl for those who were relocated to different seating because of the delays.

Proposed sign for next Cowboys-Packers game: "Jerry, its 5:30 PM on Super Bowl Sunday. Do you know how many seats you have?"

[Guiness]

After all, this does not require "punishment" of the NFL, or does it??

Actually, I think punitive damages to JJ or the NFL (I'm not clear who's at fault here) are the order of the day. As pbmax said below, they failed to deliver on a significant part of the contract.

IANAL and don't pretend to understand the legalese on the ticket. How they can sell a ticket that doesn't guarantee a seat is beyond me.

[Pugger]

That lady whose grandfather was the first Packer prez graduated in my high school class at St. Joseph's Academy in Green Bay back in 1973. I didn't know her very well nor did I have her in any classes that I can recall.

[retailguy]

That lady whose grandfather was the first Packer prez graduated in my high school class at St. Joseph's Academy in Green Bay back in 1973. I didn't know her very well nor did I have her in any classes that I can recall.

I once had a shovel that belonged to Abraham Lincoln. The handle had been replaced three times and the blade had been replaced twice.

[swede]

I once had a shovel that belonged to Abraham Lincoln. The handle had been replaced three times and the blade had been replaced twice.

Cool!

I had a chestnut horse.

Well, more of a horse chestnut actually

[Patler]

I once had a shovel that belonged to Abraham Lincoln. The handle had been replaced three times and the blade had been replaced twice.

Is that the one he did his homework on, with charcoal? Did you get the charcoal too?

[Pugger]

I once had a shovel that belonged to Abraham Lincoln. The handle had been replaced three times and the blade had been replaced twice.

Why the sarcasm? I just found it a small world when I hear about her, that's all.

[swede]

Why the sarcasm? I just found it a small world when I hear about her, that's all.


One old German guy I know says, "Wie gates" to his buddies when he meets up with them. I heard one of his old pals respond with, "Da gate is goot, it's da fence vuts kaput!"

When males respond to an honest statement with smart talk it might be an aggressive attempt to ridicule but it is more likely just a creative way of saying, "Well wuddya know!"

For aggressive ridicule see the "Ze Sports Bubbler" thread in Romper Room.