Jonathan Pressment in the Verdict: The Implications of Suing the NFL’s Super Bowl Ticketing Scheme


It was the kind of headline you could not pass over without stopping to take a look: “An Aggrieved Fan Tackles the N.F.L.,” with the story dominating almost the full page of my print edition of The New York Times. It is the story of Josh Finkelman, 28 years old, the president of a warehouse business, and a serious football fan, who went looking for Super Bowl XLVIII tickets and ended up taking on the entire National Football League’s (NFL) Super Bowl ticketing system.

It’s a bold undertaking. And it could become a doozy of a lawsuit. I am certainly cheering for Josh, for a number of reasons...

How Could This Happen?
There is, of course, no such thing as a sure-thing lawsuit, so I do not expect that Nagel and Company will do to the NFL what the Seattle Seahawks did to the Denver Broncos at the MetLife Stadium on February 2, 2014. Nonetheless, this lawsuit is a big league undertaking. Bruce Nagel is a seasoned and able litigator, who knows both class actions and New Jersey law. (Non-lawyers sometimes forget that attorneys cannot file frivolous claims based on hunches about the law and facts. Under Rule 11 of the Federal Rules of Civil Procedure, the attorney filing the action, in effect, warrants to the court that based on his or her knowledge and belief, after a reasonable inquiry, that he or she has a real claim.)

Needless to say, the NFL will respond to this claim, and set forth its understanding of the New Jersey law. The NFL has assembled a legal team for this action headed by Jonathan D. Pressment of the law firm of Haynes and Boone, LLP, who will respond to the complaint. According to the Docket Sheet and the order issued by U.S. District Court Judge Peter G. Sheridan, this will occur on February 21, 2014. Undoubtedly, the NFL will seek to dismiss the lawsuit.

Excerpted from the Verdict, February 18, 2014. To view full article, click here.

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