The National Football League and Dallas Cowboys owner Jerry Jones asked a judge to dismiss a lawsuit over Super Bowl XLV tickets, saying reimbursement offers to displaced ticketholders were legally adequate.
“These offers were made to be accommodating to the NFL’s valued fans, but in fact, they exceed the amount to which any of the ticketholders is entitled,” lawyers for the NFL and Jones said in a court filing today.
The lawsuit, filed on Feb. 8, two days after the game, was brought by fans who were either moved to new seats, delayed in being seated or made to watch the game on video screens because some temporary seats at Cowboys Stadium weren’t ready by kickoff. Other fans said they were given seats with obstructed views of the field or video board after being promised better tickets.
The fans, seeking to represent other ticketholders in a class-action, or group suit, accuse the league and Jones of breach of contract, breach of faith and fair dealing, fraud, deceit and concealment and negligent misrepresentation.
Fans suffered damages exceeding $5 million, including the cost of their tickets and travel-related expenses, according to the lawsuit.
Lawyers for the league and Jones said in an earlier filing that they offered to pay 3,296 fans a total of $4.5 million to $9.3 million.
“The motion filed by the NFL is nothing more than a Hail Mary pass,” Michael Avenatti, a lawyer for the plaintiffs, said in a phone interview. “Unfortunately for them, it is going to land on the ground.”
About 475 fans weren’t seated and watched the game on video screens. Another 2,821 fans were relocated to new seats, or were delayed outside the stadium, according to court papers.
The case is Simms v Jones, 3:11-cv--00248 U.S. District