Here we go again.
Michael Avenatti, the lawyer who sued on behalf of fans who showed up for Super Bowl XLV with tickets that didn’t correspond to actual seats, told Pro Football Talk he will sue the NFL over Sunday's canceled Hall of Fame Game in Canton, Ohio.
"We plan on filing a class (action lawsuit) within days,” Avenatti said on an unverified Twitter account that he confirmed is his. “$0 for fan expenses is a disgrace.”
STEELE: Enough is enough: Kill the HOF Game
Pro Football Talk's Mike Florio, who holds a law degree, noted: "Whether it’s a disgrace and whether it’s a violation of Ohio law are two different questions. Whether the lawsuit can be maintained as a class action is another question as well."
The Pro Football Hall of Fame on Monday posted its refund policy on its website, offering to reimburse fans only for the price of tickets bought directly from the Hall of Fame. Buyers on the secondary market were directed to contact resellers, such as StubHub, to inquire about refunds.
Either way, the argument is that those who made the trip to Canton only for the game should be reimbursed not only for Sunday night hotel rooms (kickoff for the Packers-Colts game was set for 8 p.m. ET) but also for their ancillary costs incurred while making the trip for a game that didn’t happen, such as gas, meals, etc.
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Avenatti's suit related to Super Bowl XLV in 2011 in Arlington, Texas, was denied class status in a Texas court. That forced individuals to band together in smaller groups to seek reimbursement. One group of seven plaintiffs got $76,000 in a case that included allegations of witness tampering by the NFL.
That case was notable because it included testimony via deposition by commissioner Roger Goodell, who fought not to testify.
