Pared Down Super Bowl Seating Class Action Lawsuit Survives

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A federal judge has pared down a putative Super Bowl seating class action lawsuit filed by people who had issues during the 2011 game at the Dallas Cowboys stadium and allowed the team to exit the litigation, but maintains many of the claims filed against the National Football League.

There are three separate sub-classes of plaintiffs: those who were displaced because of confusion over seating at the Cowboys stadium, those who were relocated or delayed as well as those who had obstructed views of the games. The third class had the most success in U.S. District Judge Barbara M. G. Lynn’s order on the defendant’s motion to dismiss.

Many of the claims center on fraud which requires a higher pleading standard than other violations of civil statutes. Since the NFL was likely aware of the conditions at the stadium which are not subject to change like the outside viewing area, Judge Lynn maintained counts of frauduluent inducement by omission and violations of the Texas Deceptive Trade Practices Consumer Protection Act.

However, the other two sub-classes were not as lucky. In the order, the judge noted that “plaintiffs argue that the NFL concealed its post-sale knowledge of the problems associated with temporary seating ‘in order to avoid a public relations nightmare.’ … Because it is not plausible that the NFL would have had any reason to conceal the true facts, Plaintiffs have not pleaded a claim for fraudulent concealment.”

However, all three Classes of plaintiffs will have the opportunity to continue with the assistance of their class action lawsuit attorneys regarding breaches of contract because the judge decided that they were a matter of law, and thus a question for a jury or at least further documentation prior to any decision.

An earlier case, now consolidated into the above putative class action lawsuit, was denied certification in 2013 because of a lack of typicality regarding the claims. According to the report, settlement offers from the National Football League included a free ticket to an upcoming Super Bowl and up to $2,400 or all-expenses paid trips to the same. The new Super Bowl seating class action lawsuit has not reached a similar stage.

The lead plaintiffs are represented by class action lawsuit attorneys from the Law Offices of R. Jack Ayers Jr. PC and Eagan Avenatti LLP.

The Super Bowl Seating Class Action Lawsuit is Greco, et al. v. Jones, et al., Case No. 13-cv-01005 in the U.S. District Court for the Northern District of Texas.