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Dumb(?) legal question for anyone who has the background.


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Va_Pats_Fan

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Given the apparent weakness of the Wells report, and the harsh penalties given the team, would fans (theoretically) have a case to start a class action suit?

I'm not saying its a good idea, just wondering if it ~could~ be done?

Thanks
 
I believe this has already been posted a few times. Anyone CAN file a class action suit for any reason. There is virtually zero chance it would succeed in any type of preliminary hearing or review. Damages are only valid if DIRECT and the NFL probably has offset language. Imagine a society in which a suit such as this one garners serious consideration.
 
Whether class action or individual suit, the claims would likely be dismissed for lack of standing or lack of injury/ a cause of action. This article gives a nice history of similar suits, and it is well written.

If the Pats/Kraft or Brady are directly injured by NFL actions, then they need to carry the torch in seeking redress. Ticket holders have more rights than the passive viewer, but even they have little recourse as they pay for a seat at games, nothing more. Other than premises liability claims against stadium owners (maintaining dangerous conditions resulting in injuries), not much going on.

The 1919 Black Sox scandal produced criminal charges for racketeering (a confidence game), but those players were allegedly paid to throw the games and as a result those placing bets got played. There could equally have been civil claims by people placing wagers on a fixed game. That would be demonstrable monetary damages.

The article on fan litigation includes a quote from a federal judge. Essentially there may be a forum for your complaint, but it is not a court of law.
 
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