NFL Class Action Filed Over Hall of Fame Game Cancellation

UPDATE 2: On Nov. 30, 2020, the proposed Class in a lawsuit lodged over the cancelation of the 2016 NFL Hall of Fame Game was certified by an Ohio federal judge.

UPDATE: On Aug. 18, 2016, the Pro Football Hall of Fame announced that ticketholders for the cancelled Hall of Fame Game can get a refund, but only in exchange for waiving their right to participate in a related class action lawsuit.

The National Football League and the National Football Museum Inc. dba Pro Football Hall of Fame are facing a class action lawsuit filed by ticketholders of the 2016 Hall of Fame Game between the Green Bay Packers and Indianapolis Colts.

Plaintiffs Alan Biland, Matthew Crabb, Tiffany Ratcliff and Carmelo Treviso allege they purchased tickets to the 2016 Hall of Fame Game, which was scheduled to take place on Aug. 7 in Canton, Ohio.

According to the NFL class action lawsuit, the plaintiffs all reside outside of Ohio and made travel arrangements to attend the game.

The NFL class action lawsuit states that the Hall of Fame football game is an exhibition game that is held annually during the weekend of the Pro Football Hall of Fame’s induction ceremonies.

“The game is highly anticipated, as it is the first game of the NFL’s preseason,” the NFL Hall of Fame Game class action lawsuit says. “Indeed, the TV ratings for this game routinely rival those of playoff games in other sports. In fact, the 2015 game drew an estimated 11 million television viewers.”

According to the NFL class action lawsuit, the Tom Benson Hall of Fame Stadium has approximately 22,000 seats and routinely sells out for the Hall of Fame Game.

The plaintiffs allege that the NFL previously dealt with issues regarding the turf at the stadium, and that reconstruction of the stadium was initiated after Steelers kicker Shaun Suisham suffered a career-ending injury during the 2015 Hall of Fame Game.

“However, unbeknownst to fans traveling to see the 2016 game, reconstruction was not completed in time for the 2016 game,” the plaintiffs allege in their NFL Hall of Fame Game class action lawsuit.

The NFL reportedly used a FieldTurf playing surface imported from the Superdome in New Orleans. The league also constructed decking over the field to be used for a concert and the induction ceremony in the days prior to the Hall of Fame Game.

According to the NFL class action lawsuit, due to mismanagement, the defendants failed to prepare the stadium for the Hall of Fame Game in time, leading to the cancellation of the game.

The plaintiffs allege the decking that covered the field was not removed until 2:45 p.m. even though it was supposed to be completed earlier that morning.

The removal of the decking wasn’t the only issue that was mismanaged, the plaintiffs claim. Logos and lettering were reportedly painted onto the midfield and endzones hours before the game was scheduled to begin. When the paint didn’t dry quickly enough, the grounds crew heated up the field to speed up the drying process.

Instead of helping the paint dry, the heat caused the rubber pellets that made up the FieldTurf to melt, according to the NFL class action lawsuit.

The grounds crew tried to remedy the problem by applying a substance to the field, but an employee noted that the label warned of burns upon skin contact.

Even though these problems were ongoing and it was clear the stadium would not be prepared to host the game, the NFL “continued to maintain a façade of normality for fans and the general public,” the plaintiffs claim in the Hall of Fame Game class action lawsuit.

The game cancellation was allegedly not announced until about 8 p.m.

Due to this late game cancellation, the plaintiff claim that ticketholders experienced significant damages, including the out-of-pocket ticket costs to attend the game; lodging and travel expenses; costs for time off work for fans who used vacation time to attend the game; and costs associated with items purchased before the game while ticketholders were still under the belief that the game would be held.

They assert claims for breach of contract and seek recovery for the economic loss they suffered due to the game cancellation as well as attorneys’ fees, court costs, pre and post-judgment interest and any other relief deemed appropriate by the court.

The plaintiffs are represented by Michael J. Avenatti of Eagan Avenatti LLP.

The NFL Hall of Fame Game Class Action Lawsuit is Biland, et al. v. National Football League, et al., Case No. 5:16-cv-02010, in the U.S. District Court for the Northern District of Ohio.