Jets STH sues Patriots, Belichick for $184M

[superius]

Every article I see on the video taping incident, and now this lawsuit, uses the word "illegal" or "illegally" (i.e. The Patiots illegally video taped)

Now I love the NFL and think it's great, but I'm pretty sure that the NFL Rules & Regulations are NOT the law of the United States in any form. At least, when I was in law school they certainly never went over them in any of my classes, and something as important as the NFL I certainly would have heard about. Now I admit, I didn't study every aspect of the law (class action suits being one of those areas - i do criminal law) but I at least HEARD about class action suits. I also took a class on entertainment law (hey, I'd love to be an agent!!) and no mention there about the NFL rules and regs either... Picky I'm sure, but apparently some people seem to take it literally.

Secondly, there seems to be this sentiment out there that this is going to force the Pats to tell the whole story to the media, finally force Belichick to tell us everything. I've got bad news for you....it isn't. My (limited) understanding of class-action is just filing it isn't enough, then it must be certified by a judge. I'm finding it difficult to believe that this "law suit" is going to find certification.

In the case that this isn't the law in New Jersey, I'm sure the very first pre-trial motion that will be brought by the Patriots lawyers (assuming the Pats think it's even worthwhile to send them) is to dismiss the suit...and I have very little doubt that it will be dismissed. Remember a few years ago when some fatty sued McDonalds for making him fat? Did you hear about the trial? No, that is because it was so ridiculous that the suit was dismissed BEFORE trial. I can't imagine a single person on this earth stupid enough to think that this suit has merit, including the lawyers who filed it.

So for everyone salivating over Belichick finally being forced to tell them everything, I think you will unfortunately be waiting for a while longer. There will be no trial, there will be no arguments, there will be no need for the Pats to explain their actions to defend themselves. Heck, the NFL might even be the ones fighting this because if this suit were to succeed (in some bizzaro universe) the NFL would be bankrupt. A fan could file similar suits every time a team breaks any rule whatsoever for "deceiving customers" and we know that breaking and bending goes on all the time.

The thing that is most outrageous about this, is that these publicity hounds have finally found a cause that will get them some name recognition (that they obviously crave) and they do so without any remorse for helping to grind the courts to a standstill while people with legitimate injuries/etc... sit on the sidelines to watch this circus.

Disgusting

 

[MoLewisrocks]

Florio is really becoming nothing more than a rumor mongering tool. I guess that's what happens when a lawyer has a hobby venture vault him to pseudo celebrity media status. At least his review should keep him busy for a few days.

Cases of this nature -- which some might call aggressive and others might describe as frivolous -- hinge initially on the identification of one or more legal theories that, if the facts alleged are proven to be true, will support a claim for the relief sought. On that point, we plan to track down a copy of the complaint and give it a fair and objective analysis.

If the lawsuit can survive an initial challenge based on what's known in the profession as a "motion to dismiss for failure to state a claim" under Rule 12(b)(6) of the Federal Rules of Civil Procedure, then the question becomes whether the plaintiffs can prove the alleged facts.

And the problem for the Patriots is that the evidence of historical cheating was given to the NFL, which promptly destroyed it.

Um, that's a potential problem.

The suit also will expose Belichick and his current and former assistant coaches and all current and former employees of the football operations to depositions under oath.

Yeah, I would think that would constitute a big problem, for the plaintiff.

Not to mention the problem it could present for the plaintiff's genius coach and former Patriots staff members on his staff, or the rebuttal witnessess Bill would be forced to call to prove that the practice was in fact historically wide spread including by teams whose use of the information in game quite likely did effect outcomes.

Eric's likley beginning to realize Bill truly had his best interest in heart when he tried to persuade him to be patient and wait just another year for a much better situation to arise in which to undertake his first, and potentially last, HC job in the NFL...

And Goodell is likely beginning to realize that in allowing histrionics to enter into the equation he made a really stupid tactical error that could prove problematic, at least from a PR nuisance standpoint, for the entire league going forward. This is what often happens when you allow a self absorbed neophyte within your ranks to open old Pandora's box.

 

[upstater1]

I think this is a good lawsuit.

I'm going to sue a few people myself, starting with a WWF wrestling match I saw recently. Here I was, paying all this good money to watch people beating each other over the head with bricks and chairs, and then what did I detect but a wrestler feigning injury when the chair misses him by about a quarter inch? I felt cheated. I'm now suing Vince McMahon for all he's worth.

 

[kolbitr]

It was only a matter of time before some New Jersey lawyers got involved.

It is comic and pathetic to see Florio taking this semi-seriously...declaring that he'll reserve judgment, fantasizing about the depositions, the secrets finally exposed, the evil Patriots forced to admit that yes, yes, sometimes they take sugar packets and milk from McDonalds, too...and they're so ashamed.

The nature of this lawyer's fantasy is thoroughly revealed in the background of these leeches, as has been posted here. They're not as insane as the guy suing BB and Brady for videotaping his thoughts and his breakfast cereal...but they're about as respectable.

 

[BradyManny]

Why doesn't this assclown just sue the Jets for sucking ass so much?

 

[Bella*chick]

I have to believe that the reason this was brought was to try and keep this thing alive and make a point (though what point, I do not know). Because this isn't going anywhere. As someone pointed out already, 12(b)(6) central here. And Florio just loves to have more crap to put up on his webpage...I bet all this stuff gets him more hits and he loves it.

I am highly embarrassed and bothered that people like this idiot (and his idiot lawyers) think it's funny to abuse the court system to try and get rich or make a point, or whatever. The whole thing is so obviously for some publicity to cash in on something that has spiraled out of control in the media and will certainly earn them some time in the spotlight. After hearing the raves of Patriot bashers, these guys probably thought at least some would take it seriously enough to get them some airtime. And look at Florio....breathlessly giving updates already. Gregg Easterbrook is probably crying tears of vindication in his morning coffee and Prozac.

Here's hoping this disappears quickly....so embarrassing.

 

[Patriots Brat]

If this has any legs, would he have to prove he attended all the games he used in the mathematical scheme to arrive at $184 million? I would think so. Also, where will he get the evidence from? It's been destroyed :singing:

 

[Slagathor]

Here are the plaintiffs themselves.

If anyone wonders why our justice system is such a joke, blame guys like this.

http://www.youtube.com/watch?v=d651gDhviQ4

 

[Pujo]

The no-taping rule is very unlikely to appear in lists like those... those lists cover ON-FIELD rules with perhaps some prominent off-field issues thrown in. Until this month taping an opponent wasn't a prominent issue... I suspect that that rule has been around a while but those links prove almost nothing.

(Plus: those links covers off-season rule changes only. Who's to say the non-videotaping rule wasn't added mid-season? )

Ok, then you go find a press release where they announced this "new rule". At this point I'd say I have the preponderance of the evidence.

 

[Fahrenhype]

The American legal system is such a joke. The Jets deserve everything bad they get this season and in all future seasons.

L - O - S - T

Get used to it.

 

[Rob0729]

You who wants this lawsuit squashed as much as the Patriots? The Jets. What is the Pats' best defense if this lawsuit goes through? Prove the Jets have cheated too.

If Kraft cannot get this lawsuit squashed, he will be forced to expose the Jets and other teams of cheating to prove what the Pats did was not extrodinary. This could be major problems for the NFL and the Jets in particular.

It would be ironic if the Jets fan started this lawsuit to get a the Pats and in the the end costs the Jets a (several) high draft picks and fines for the Jets and Mangini. This could blow up on the Jets big time.

 

[T-ShirtDynasty]

Wow, this takes whining to a whole new level. Jests fans should be mortified.

Here's the lawsuit from one of the lawyers blog...

http://newjerseyuntouchables.blogspot.com/2007/09/jets-fans-sue-patriots-belichick_28.html

Check the comments.. especially the "Embarrassed law student" comments.

 

[15-2-20-4-6]

Red Sox fans should file a class action suit against Jason Giambi, Joe Torre, George Steinbrenner and the New York Yankees for allowing a player using a banned (and illegal) performance-enhancing substance to play in Game 7 of the 2003 ALCS, hit two home runs, and fraudelently affect the outcome of the AL pennant race.

 

[ctpatsfan77]

One pseudo-technical question--the inanity of the lawsuit aside, wouldn't the Patriots only be liable for any money they might have received from the revenue-sharing agreement, rather than the full cost of the tickets?

And, isn't there the assumption that you're paying to see X games, regardless of what happens? If this argument holds, a Falcons fan could sue his own team for screwing things up this season.

[Oh, plus there's the extra inanity that they refer to the stadium as Giants stadium, rather than The Meadowlands, as the NFL and JEST officially call it during their games. . . .]

 

[ctpatsfan77]

Thank you, Herald, for adding this graf to your article:

NEW YORK - A New York Jets [team stats] season-ticket holder who has about as much chance of winning his lawsuit as his team has of beating the Patriots [team stats] this season yesterday filed a $184.8 million class-action lawsuit against the Pats and coach Bill Belichick for “deceiving customers.”

 

[Pujo]

One pseudo-technical question--the inanity of the lawsuit aside, wouldn't the Patriots only be liable for any money they might have received from the revenue-sharing agreement, rather than the full cost of the tickets?

It's such a bizarre lawsuit that it's hard to figure what the liability would be. They're claiming that this is a consumer fraud issue, which means they're entitled to the ticket price tripled (the x3 comes from NJ statutes). The problem is, as far as I understand it there needs to be a business/consumer relationship in order for there to be consumer fraud, and there isn't any such relationship between him and the Patriots - they bought their tickets from the Jets. They should sue the Jets and if they prevail (still not a chance) the Jets would sue New England to try to and recover their losses.

The other issue here is of supplemental jurisdiction/pendent jurisdiction. A federal court can only hear claims under state law if they also relate to a valid claims under federal law in front of the court. They're suing under RICO, a federal law, and NJ consumer protection laws. Winning under RICO requires them to prove racketeering, and if the RICO claim is tossed then the consumer fraud claim also has to be dropped - or at least removed to state court. Somehow I don't think Kraft and Belichick are losing sleep over this one...

 

[thesmee1]

You who wants this lawsuit squashed as much as the Patriots? The Jets. What is the Pats' best defense if this lawsuit goes through? Prove the Jets have cheated too.

If Kraft cannot get this lawsuit squashed, he will be forced to expose the Jets and other teams of cheating to prove what the Pats did was not extrodinary. This could be major problems for the NFL and the Jets in particular.

It would be ironic if the Jets fan started this lawsuit to get a the Pats and in the the end costs the Jets a (several) high draft picks and fines for the Jets and Mangini. This could blow up on the Jets big time.

Ok, the last paragraph caught my attention. What ( legally) could happen in order for them to have this happen? There's nothing I would like better than for them to have this blow up in their faces.

 

[Pujo]

Ok, the last paragraph caught my attention. What ( legally) could happen in order for them to have this happen? There's nothing I would like better than for them to have this blow up in their faces.

I think that would be a pie-in-the-sky hope, but imagine if during the lawsuit the Patriots subpoenaed someone on the Jets team about their own practices related to videotaping. And suppose that, under penalty of purjury, the Jets employee spilled the beans on the stand. Goodell would certainly have to punish them, likely in the exact same manner as the Pats.

 

[Caspir]

I find it funny that the suit dates back to 2000, when their head coach was on the Patriots coaching staff.

 

[Canada's #1 Pats Fan]

No disrespect to you... but you have nothing more than a superficial (and probably incorrect) understanding of that case. McDonalds at the time had a policy of keeping their coffee MUCH hotter than needed - to the point that a normal spill (which is to be expected occasionally) could cause serious injury. They had this policy purely to save money, because when the coffee was extremely hot it would last longer and they wouldn't have to brew a new pot as often. In that case the judicial system worked as it should, it provided a financial reason for the company to change its dangerous policies.

Mayer and Afran - is that you?