Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES—EDLa: Fan Unable to Pursue Claims Against NFL for Sanctions Imposed on Saints Players, Coaches , (Feb 4, 2013)

By Jody Coultas, J.D.

The National Football League and NFL Commissioner Roger Goodell could not be held liable under the Louisiana Unfair Trade Practices and Consumer Protection Law (CPL) for sanctions imposed against the New Orleans Saints coaches and players in connection with the “Bountygate scandal,” according to the federal district court in New Orleans (Mancina v. Goodell, January 30, 2013, Berrigan, H.).

A New Orleans Saints ticket holder alleged that Goodell and the NFL wrongfully imposed sanctions against the Saints, causing his tickets to diminish in value, and damaged the Saints ability to field a competitive team. After learning of a “bounty” system in which players were alleged paid for injuring players on the opposing team, Goodell disciplined several members of the Saints. The punishments included suspending coaches and players. On appeal, the league overturned suspensions imposed on players, but upheld punishments on coaches and team officials. In this court action, the ticket holder argued the sanctions were so severe as to be unfair under the CPL.

However, the ticket holder could not state a CPL class action claim against the NFL or Goodell, according to the court. The CPL provides an action individually but not in a representative capacity to recover actual damages. Also, the individual rights afforded consumers by the CPL do not change the only rights afforded a season ticket holder just because he may also be a consumer. A ticket grants the holder the right of entry and seating, which were not denied in this case.

The case is No. 12-2512.

Attorneys: Lawrence D. Wiedemann (Wiedemann & Wiedemann) for David James Mancina. Gladstone N. Jones, III (Jones, Swanson, Huddell & Garrison, LLC) for Roger Goodell.

Companies: National Football League

Cases: StateUnfairTradePractices LouisianaNews