Sadly, those seeking to use the courts to hold the Cheatriots accountable for their racketeering have chickened out. [update: Fox News and CNN today are hot on the story of Matt Walsh, the Patriots' purported videotaper. He claims to have an incriminating tape of the Patriots' cheating ways and is discussing with the NFL. The plaintiffs in this suit claim that they withdrew their complaint in order to see what, exactly, Walsh has to say.]
Dr. Bombay said then (as did others) that the suit was likely to be dismissed. The question remains though - how can you sue a pro sports team? I’ve been thinking that there must be a way to sue teams for deliberately tanking all or parts of a season in order to get a better draft pick.
Perhaps not if it’s just the last game of the year, but if we’re talking dozens of games, couldn’t a season ticket holder, for instance, sue to receive the benefit of his bargain? If he purchased the tickets with the understanding that the team would attempt, to the extent it could, to win games and stay competitive couldn’t that season ticket holder bring a complaint against a team that could be summarized something like this:
Plaintiff purchased said ticket package with the expectation that the Miami Heat would attempt to provide its fans with a competitive basketball team.
The Heat has taken repeated action that indicate it has opted to lose as many games as possible, including trading future Hall of Fame player Shaquille O’Neal, allowing Duane Wade to voluntarily and unnecessarily opt for surgery on his injured knee, allowing its Head Coach to take the unprecedented action of leaving the team in order to scout college basketball games.
Wherefore, the aforementioned season ticket holders pray this court order The Heat to repay the value of the tickets for the portion of the season it deems the team has forfeited.
If possible, what facts would have to allege to bring a cause of action? Again, we’re not talking about a bad team or a team that simply loses. We’d be talking about a team that appears to have taken steps to lose games on purpose.
I’ve been trying to locate a season ticket contract to review what, if any, warranties a team makes to the season ticket holder. But I would imagine that if you were to sue, we’d be looking at some sort of implied warranty in the contract and you would need to offer evidence of your belief when purchasing the tickets or the belief of the typical season ticket buyer.
But what are you really contracting for? To watch a team do well? Or to watch the team? If all you get with a ticket is a seat and the chance to watch a game (not even definitely watching a game because of rain and other issues), you’re going to lose.
Interesting thing to talk about though.
Yes, you’re contracting to watch the team. But aren’t you assuming that the team will at least try to win? what’s the point in going if the outcome is all but assured?
Using this rationale, if we limit the class to season ticket holders who are likely (a) investing a good bit of money and (b) are true fans of the team, can we assume that they would view the benefit of their bargain as (a) simply watching the game with other fans AND (b) the team matching the ticket holder’s commitment with a reciprocal commitment to try to win?
Even then, I think you’re right that I’d lose. But not because the fan (b) wrong but because of the difficulty of alleging enough facts in a complaint (would likely have to make a twombly-like complaint here) and the policy argument that this could open up teams to lawsuits simply because they’re bad or draft poorly or won’t spend enough money on free agents.
To get around this idea, couldn’t you make an economic argument that maybe the public could be better served by allowing a cause of action like this? It seems the team should have an incentive to draw more fans by fielding an appealing product (or at least trying to do so). If the team could be liable under the law or under the contracts it makes with season ticket holders for deliberately refusing to do so, it would give the public a means of enforcing the team’s “promise” (assuming there is one) to the fans.
What’s more, a team that is better is likely to draw more fans, thereby creating more revenue, and, ultimately, paying more taxes (which, ostensibly, is a primary reason cities bend over backwards to get such teams).