Jerry Jones and the NFL have filed a motion to have a class action suit dismissed that was filed over the Super Bowl XLV seating fiasco. Jones and the NFL are arguing that the reimbursement offers to displaced ticketholders are legally adequate.
"These offers were made to be accommodating to the NFL's valued fans, but in fact, they exceed the amount to which any of the ticket-holders is entitled," the NFL and Jones said in a court filing Thursday.
According to the initial class action lawsuit filed shortly after the Super Bowl, ticket holders are claiming to have suffered damages in excess of $5 million, according to the lawsuit. The suit accuses the NFL, the Cowboys and team owner Jerry Jones of deceiving hundreds of fans who bought Super Bowl tickets and had no seats, or who felt the seats were inadequate. League lawyers said earlier that 3,296 affected ticket holders had been offered a total of between $4.5 million and $9.3 million.
Ticket holders were affected by the seating snafu when seating that was being added to boost attendance figures wasn't ready by game time. At the time, the NFL said that about 850 fans were relocated to other seats, some apparently with an obstructed view, while about 400 and were left without any seats. So much for those initial estimates.
In a phone interview with Bloomberg, Michael Avenatti, a lawyer for the plaintiffs, was quite clear on what he thought of the motion:
"The motion filed by the NFL is nothing more than a Hail Mary pass. Unfortunately for them, it is going to land on the ground."
Unpleasant business, any way you look at it.