Looking for a lawyer's opinion...

by **RednBlue11** » Fri Mar 25, 2011 11:08 am

Browns fan sues NFL over lockout

http://sports.espn.go.com/nfl/news/story?id=6257263

The lawsuit claims the NFL and its teams have "conspired with the Browns and one another to lock out the players, without justification, resulting in the Browns' breach of the PSL agreement."

wondering if the NFL has put itself in a position w/ these PSL's where this could actually get the league closer to ending the lockout then the players suing?

by **Stallion** » Fri Mar 25, 2011 2:46 pm

usually those cases are decided on standing issues similiar to the case that SMU alumni filed against the NCAA in the 1980s which determined an alumnus of a university had no standing to act on behalf of SMU to sue the NCAA. I'm not familiar enough with the PSL Agreement to offer an opinion but usually these types of 3rd parties lose on standing.

by **expony18** » Fri Mar 25, 2011 2:51 pm

i saw this earlier today an my immediate reaction was that they lacked standing

by **Sacco** » Fri Mar 25, 2011 4:16 pm

I concur - probably can't show standing.

by **Junior** » Fri Mar 25, 2011 7:57 pm

Lack of standing I'd say.

by **mrydel** » Fri Mar 25, 2011 8:04 pm

What they need is hand. He who has hand has everything.

by **Rebel_Pony** » Fri Mar 25, 2011 10:28 pm

Incidentally, does anyone know the status of the lawsuits filed by the displaced Super Bowl ticket holders? I believe one of them was filed by a Dallas firm.

by **stc9** » Fri Mar 25, 2011 11:45 pm

Another question for the lawyers. Assume for a moment that a judge grants him standing on the premise that the plantiff has paid for a good or service and didn't receive the service. My question becomes, can he sue before he has actually been denied the service he paid for with his PSL?

For example, if the lockout is over on the 4th of July, the fan hasn't actually been harmed by the NFL's actions. How can this fan be compensated for an injury that didn't occur and/or how can that fan seek compensation when the potential harm is still months away?

by **Chuck Norris** » Sat Mar 26, 2011 1:09 am

Lack of standing fo shizzle

by **The PonyGrad** » Sat Mar 26, 2011 5:04 am

mrydel wrote:What they need is hand. He who has hand has everything.

How about hand-standing?

by **RednBlue11** » Sat Mar 26, 2011 6:26 am

Chuck Norris wrote:Lack of standing fo shizzle

so it has been written

by **Junior** » Sat Mar 26, 2011 10:06 am

The PonyGrad wrote:
mrydel wrote:What they need is hand. He who has hand has everything.

How about hand-standing?

not as strong as gladhandstanding.

by **lwjr** » Sat Mar 26, 2011 11:07 am

RednBlue11 wrote:Browns fan sues NFL over lockout

http://sports.espn.go.com/nfl/news/story?id=6257263

The lawsuit claims the NFL and its teams have "conspired with the Browns and one another to lock out the players, without justification, resulting in the Browns' breach of the PSL agreement."

wondering if the NFL has put itself in a position w/ these PSL's where this could actually get the league closer to ending the lockout then the players suing?

I'm not a lawyer but I did stay at a Holiday Inn Express last night.

by **Stallion** » Sat Mar 26, 2011 11:37 am

yeah he likely hasn't suffered an injury yet so he'd likely be thrown out on a 12b(6) motion in federal court for failure to state a claim upon which relief can be granted. He's what is known as a premature litigator

by **Dooby** » Sat Mar 26, 2011 12:39 pm

When I first heard, I thought he had no damages and no case until a game is missed. Also would assume whatever PSL policy there is has the NFL game cancellation policy written in it. Does this guy suggest he had a claim when the NFL cancelled/postponed games after 9/11?