Home Field Advantage: Patriots Prevail in Suit Against Club Seat Ticket Holder in Case Before Massachusetts High Court

By Daniel B. Fitzgerald*   In NPS, LLC v. Minihane, 451 Mass. 417 (2008), the Massachusetts Supreme Judicial Court decided a case that could have serious ramifications for seat license holders around the National Football League (NFL) and in other professional sports. The Court, by enforcing a liquidated damages clause in a 10-year agreement for club level seats, required a seat license holder to pay the Patriots the full amount of his tickets over the course of the agreement, despite the