The NFL doesn’t lose very often. But lose, at least in part, the league did last month when a federal jury awarded $76,000 to a group of fans, who sued the league over seats they purchased for the 2011 Super Bowl, which were later changed to less desirable seats because of construction issues related to Dallas Cowboys stadium, where the game was played.
The jury ratified the “argument that the NFL breached its ticket contract with them because the NFL failed to have temporary seats ready in time in the Dallas Cowboys stadium, leaving them with no seats or seats with obstructed views.”
However, it did provide the NFL with a small victory in that it rejected two claims of fraud against the league. NFL attorney Thad Behrens noted that the league was pleased that the jury “affirmed that the NFL did not defraud any of its fans.” One sports law attorney affirmed this. “Had the jury found fraudulent activity on behalf of the NFL, the jury award would’ve been significantly higher than the $75,000 awarded,” wrote Joseph Hanna, of Goldberg Segalla.
By way of background, Cowboys Stadium hosted Super Bowl XLV on February 6, 2011. Tickets were offered for sale to the general public. Besides the face value, each ticket included the following language: “Admission may be refused or ticket holder ejected at the sole discretion of the National Football League, subject to refund. . . .”
The plaintiffs alleged that to accommodate more spectators, Jones and the National Football League planned to add temporary seating in Cowboys Stadium. But by game time, installation of the temporary seats had not been completed. They further claimed that NFL commissioner Roger Goodell and Dallas Cowboys owner Jerry Jones were “obsessed” with breaking Super Bowl attendance records
The plaintiffs maintained that the problem was created because NFL commissioner Roger Goodell and Dallas Cowboys owner Jerry Jones were “obsessed” with breaking Super Bowl attendance records.
At least one group of attorneys for the NFL, however, maintained the league’s intention was honorable.
“The NFL had always accepted responsibility for the problems some of its fans experienced at Super Bowl XLV and had tried to compensate those fans for their losses and inconvenience with immediate offers made to all fans who were denied seats on the day of the game and any fans relocated to new seats or delayed in arriving at their seats due to issues with temporary seating,” according to Haynes & Boone.
