NFL Fans Seek Cert. in Hall of Fame Game Class Action Lawsuit

UPDATE: 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.

The plaintiffs in a class action lawsuit over the 2016 cancelled NFL Hall of Fame Game asked the court to certify their proposed Class of disgruntled ticket holders.

Ticket holders to a football game between the Green Bay Packers and the Indianapolis Colts dubbed the “Hall of Fame Game” lodged the class action after the game was cancelled at the last minute. The plaintiffs said in addition to not seeing the game, they lost out on travel and hotel expenses.

According to the class action lawsuit, the stadium located in Canton, Ohio was ill-prepared to host the game with paint still drying and an unprepared field; however, ticket holders were not told this until 8 p.m. on the day of the game.

The plaintiffs asked an Ohio federal judge to certify their proposed Class of ticket holders who spent time and money to try and attend the ill-fated game, called the Nationwide Damages Class. The proposed Class includes those who purchased or otherwise acquired tickets to attend the 2016 NFL Hall of Fame Game. The plaintiffs also seek to certify a Nationwide Liability Class covering the breach of contract claim alleged by the class action lawsuit.

“Plaintiffs assert a single cause of action for breach of contract,” notes the motion for certification of the Class. “Plaintiffs allege and will prove at trial that Defendant breached its contracts with Plaintiffs by cancelling the game. Defendant uniformly contracted with Plaintiffs to provide them with tickets to see the Game. Consequently, each of the classes for which Plaintiffs seek certification is premised on Defendant’s uniform and classwide breach of contract.”

The plaintiffs are seeking damages for the expenses Class Members incurred traveling to and from the game, as well as other expenses, including lodging and time off of work. One of the plaintiffs alleges that he spent more than $1,000 to attend the game that was cancelled at the last minute.

The NFL fans say in their motion that their economic expert will be able to accurately calculate damages suffered by the proposed Class Members as a result of the cancellation of the game.

“Plaintiffs and the classes incurred damages as a result of paying for tickets to the Game, thereby incurring expenses related to, among other things, traveling to attend the Game,” states the plaintiffs’ motion. “Plaintiffs, through their expert economist have proposed a reliable method for computing aggregate damages suffered by the putative class.”

According to the class action lawsuit, organizers, as well as the teams and stadium staff knew the game had been cancelled hours before ticket holders were told. Instead, stadium staff were instructed to maintain a “façade of normality for fans and the general public,” and encourage fan to purchase drinks, food and souvenirs, allege the plaintiffs.

The NFL was originally a defendant in the class action lawsuit, but dropped out in April. The National Football Museum and Pro Football Hall of Fame still face class action allegations.

The plaintiffs are represented by Romney Cullers of The Becker Law Firm and Michael J. Avenatti of Eagan Avenatti LLP.

The NFL Hall of Fame Game Class Action Lawsuit is Herrick v. National Football League et al., Case No. 5:17-cv-00472, in the U.S. District Court for the Northern District of Ohio.