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Jets Fan's Cheating Lawsuit Rejected By Courts


By

Ben Yakas

Published May 20, 2010

Modified May 20, 2010


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"We did not reach these kids."

 


By

Ben Yakas

Published May 20, 2010

Modified May 20, 2010


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In a story we imagine the Post would lovingly title something like "Football Fan's Lawsuit Fumbles at Goal Line," the U.S. Third Circuit Court of Appeals upheld a lower court dismissal of the lawsuit by Carl Mayer against the New England Patriots. The Patriots had been caught cheating during a game with the Jets in 2007, and Mayar sued them for $185 million on behalf of all the fans who paid to see the two teams play since Coach Bill Belichick took over in 2000.

The court's decision frowned on the Patriots and the NFL, but stopped short of holding the team fiscally responsible: "We do not condone the conduct on the part of the Patriots and the team's head coach, and we likewise refrain from assessing whether the NFL's sanctions (and its alleged destruction of the videotapes themselves) were otherwise appropriate," Judge Robert Cowen wrote for the court.

Lee Marshall, a litigation partner at Bryan Cave LLP in San Francisco, explained that the "courts are basically closing doors to allegations that rules violations" justify lawsuits by fans. "If decisions went the other way, leagues would be defending lawsuits all over. In baseball, it could result in fans suing over steroids violations."

Bruce Afran, one of the lawyers working with Mayer, said the ruling "invites professional teams to cheat, without liability to fans who pay to support them. It strikes us as very strange that one can spend tens of thousands of dollars for season tickets and have no right to be protected from fraud." They are planning to appeal to the U.S. Supreme Court.

Tagged

cheating

court

football

jets

lawsuit

patriots

spygate


Ben Yakas

Ben Yakas is a former Gothamist reporter.

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