Haynes and Boone Obtains Denial of Class Certification for NFL in Super Bowl Ticket Case

07/11/2013

Lawyers from Haynes and Boone, LLP have scored a major victory on behalf of the National Football League, successfully defeating a motion seeking to certify a class action in a lawsuit by Super Bowl XLV ticketholders concerning alleged issues with temporary seating. The firm had earlier obtained dismissal of most of the claims in the case. 

The lawsuit had sought in excess of $5 million in damages on behalf of four proposed classes: ticketholders who were denied seats, ticketholders who were delayed in gaining pre-game access to their seats, ticketholders who were relocated to lesser quality seats, and ticketholders who allegedly had obstructed views. The NFL made voluntary reimbursement offers to all ticketholders in the first three groups shortly after the game, and the vast majority accepted. 

The team of Dallas Partners Thad Behrens, Dan Gold, and George Bramblett, New York Partner Jonathan Pressment, and Dallas Associates Scott Ewing, John Tancabel, Richard Guiltinan and Matt McGee successfully argued that the four proposed classes of Super Bowl XLV ticketholders had alleged experiences, and alleged damages, that were too different for a class to be certified. U.S. District Judge Barbara M.G. Lynn agreed, holding that one of the proposed classes was insufficiently large to certify, and that all four proposed classes involved too many differences among ticketholders’ claims to permit class certification. The Court held that the ticketholders’ claims would “require individualized proof and could not be determined on a classwide basis.” 

To view a Law360 article on this case, click here (subscription required). 

To view an Associated Press article on this case, click here.

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