When U.S. District Judge Barbara Lynn ruled in favor of the Dallas Cowboys Thursday and excluded them from the lawsuit by the Super Bowl XLV fans it looked like a victory. I imagine the accountant for the Cowboys gave a sigh of relief and Jerry Jones mixed another scotch and soda and went back to watching game films of the “Good ‘Ole Days” when the Cowboys fans made their reservations a year in advance for the Super Bowl.
The NFL had this to say to the press:
“The court’s ruling threw out all claims brought on behalf of those fans who were eligible for the NFL’s voluntary reimbursement offers except for a breach of contract claim. a statement the NFL released to the newspaper read. We continue to believe that the offers made to these ticketholders meet or exceed what they could be entitled to under the law. In fact, the vast majority of these fans accepted the NFL’s offers long ago.”
The plaintiffs’ attorney disputed part of those claims pointing out that fans with obstructed-view seats were not offered any compensation, and vowed to continue the lawsuit.
The fans’ attorney Michael Avenatti of Eagan Avenatti LLP had this to say:
“The court rejected the NFL’s argument that there is no legitimate claim that the NFL committed fraud against any of its fans,” Avenatti wrote in a statement, according to the newspaper. “We look forward to presenting extensive evidence of the NFL’s fraud against its fans, and its breach of contract with the fans, to a jury. The law is clear, you cannot sell seats that do not exist nor can you defraud your fans by selling them first class seats when you know those seats are in reality located behind concrete pillars and posts.”