Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

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Just two days after the Super Bowl, a California law firm wasted no time in filing a class action lawsuit in a Texas federal court.

The Complaint (a copy of which can be seen here) alleges that Cowboys season ticket holders known as the "Founders" paid at least $100,000 per seat for a personal seat license at Cowboys Stadium, which the Cowboys represented would entitle them to the “best sightlines in the stadium” and the right to purchase a ticket to Super Bowl XLV at face value. Some of these persons were unexpectedly given metal folding chairs with obstructed views. An additional 400 persons were not even permitted inside the stadium, since the temporary seating section that is normally standing room only was deemed unsafe.

Those fans who were denied seats were offered free tickets to next year's Super Bowl and a refund of triple the cost of the $800 face value of the ticket. The suit points out that next year's Super Bowl may not even be played, and further, the refund does not completely compensate the plaintiffs for their travel and lodging expenses. There apparently has been no offer to those season ticket holders who were given obstructed seats.

The first item that should be looked at is the ticket, which may provide that the holder is only entitled to a refund. Many courts (including those here in New York) have found that the terms and conditions on tickets are enforceable. If there is no limitation of liability, those that were denied entry are entitled to be "made whole," which would include reasonable travel and lodging expenses incurred in reliance upon the belief that they had a ticket to the game. It does not mean they will recover the amount they may have paid to a scalper, of which the Cowboys/NFL have no control.

Those who were given obstructed seats may eventually be offered a similar refund with additional compensation, but will not be entitled to thousands of dollars simply for purchasing a PSL, regardless of the reason for purchasing the PSL.