Posted on 09/25/2017 9:34:54 AM PDT by Strac6
Class Action Lawsuit Against NFL, Players and Players’ Union
Just had a phonecon with a partner at my old firm in DC. They are establishing a class of injured plaintiffs who are being denied the enjoyment promised when they bought season tickets to NFL games, their children exposed to anti-Americanism, psychological trauma among vets and family members who lost loved ones in wars,
Defendants will be the League, individual teams, individual players in teams where an identifiable segment of the class of plaintiffs are located, and the players’ union. Other plaintiffs’ class will be those who bought season passes to watch games on Cable. Others might be vendors in the stadiums, fan apparel manufacturers, etc.
Compared to some recent class action litigation, this will be easy….and NFL will pay through the nose. I would expect the fees for the plaintiffs’ lawyers alone will easily run 60 to 150 million dollars. The class will probably get 50 to 70% their season ticket cost as settlement damages.
This will be fun.
I guess “36 U.S. Code § 301 - National anthem” is just a suggestion and not a law...?
I put through, I meant throw. Sigh...
Sanity.
Thank you.
The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusetts consumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers.
The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.
But the NFL has deep pockets -- all teams together are worth $85 billion according to Forbes. Maybe the suit should go after 15% of that value. $12 billion sounds like a good number.
The very coolest thing about the contemplated suit is that they are DOING IT FOR THE CHILDREN!How can any leftist ever do anything to hurt "the children"? They will need to fold and pay out.
If I go to a movie & do not like it, do I have a legal right to get my money back?
IF YOU LEAVE WITHIN A REASONABLE TIME... OR IF YOU BOUGHT AN ADVANCE TICKET, AND IT GOT BAD REVIEWS, ABSOLUTELY YES
If I go to a restaurant & do not like the food, do I have a legal right to get my money back? IF YOU SENT IF BACK AFTER A FEW BITES, OR SENT IT BACK BECAUSE IT SMELLED / LOOKED BAD,. YES
If I buy a record album & do not like the music, do I have a legal right to get my money back? IF IT WAS NOT WHAT YOU REASONABLY EXPECTED. IF THEY ADVERTISED WILLIE NELSON AND WAYLON JENNINGS, AND IT WAS RAP, YES.
If I take a date out & pay for the evening, but do not enjoy it or her company, do I have the legal right to get my money back? SINCE YOU DID NOT PAY HER, YOU COULD NOT GET IT FROM HER. SINCE THE RESTAURANT & THEATER DID NOT CONTRIBUTE TO THE LACK OF ENJOYMENT, NO FROM THEM EITHER.
If I go on vacation, then realize I did not have fun at that destination, do I have a legal right to get my money back?
ABSOLUTELY, IF YOU LEFT AS SOON AS YOU REALIZED IT WAS NOT WHAT HAD BEEN REASONABLY EXPECTED, OR EVEN AFTER THE FULL STAY IF A CRITICAL ITEM WAS MISSING.
Easy case. Will settle in a few months.
Let me know when you do.
re: $85B
The owner’s problem is that, with angry fans, it becomes worth much less.
All the Packers stood btw
But does that mean if the opponents knelt in Lambeau do the ticket holders still have the right to sue?
Don’t kniw9
If the NFL thugs and owners don’t like the national law re respect to our flag and national anthem. They should get it changed, like those, who don’t like our immigration laws should do, instead of breaking the laws.
Yes there are laws/rules re how to behave when our National Anthem is being played.
36 U.S.C.
United States Code, 2011 Edition
Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, ANDORGANIZATIONS
Subtitle I - Patriotic and National Observances and Ceremonies
Part A - Observances and Ceremonies
CHAPTER 3 - NATIONAL ANTHEM, MOTTO, FLORAL EMBLEM1 MARCH, AND TREE
Sec. 301 - National anthem
From the U.S. Government Printing Office, www.gpo.gov
§301. National anthem
(a) Designation.—The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.
(b) Conduct During Playing.—During a rendition of the national anthem—
(1) when the flag is displayed—
(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;
(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and
(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and
(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1263; Pub. L. 110–417, [div. A], title V, §595, Oct. 14, 2008, 122 Stat. 4475.)
Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
301(a) 36:170. Mar. 3, 1931, ch. 436, 46 Stat. 1508.
301(b) 36:171. June 22, 1942, ch. 435, §6, 56 Stat. 380; Dec. 22, 1942, ch. 806, §6, 56 Stat. 1077; July 7, 1976, Pub. L. 94–344, §1(18), 90 Stat. 812.
Amendments
2008—Subsec. (b)(1)(A) to (C). Pub. L. 110–417 added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:
“(A) all present except those in uniform should stand at attention facing the flag with the right hand over the heart;
“(B) men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and
“(C) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note.
All the Packers stood btw
But does that mean if the opponents knelt in Lambeau do the ticket holders still have the right to sue?
Don’t kniw9
Just my understanding...the code is not punitive, hence the wordings such as "may" and "should"...
Example:"
(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed."
A right to sue?
Absolutely
A winning case?
Probably not.
Roger grew up with socialism and it shows.
scumbag
So you think everyone should just be out the money for those season tickets? They were sold as an entertainment event, not a political SJW event. Do you know how much those tickets cost?
It would be fun to set up a betting pool on their valuation in the 2017 rankings. But the 2018 rankings are going to be the big tell. The problem is the data are suspect as the teams are privately owned.
So you are saying that since all the Packers stood that would make a suit against them specifically harder to win?
But will GB get lumped into that class action suit anyway?
Or will there be several? Against the NFL and them against each team where the home ream protested?
This is great that the people are getting some attention. Thank you
I hope no Cowboy takes a knee tonight.
You and me both, especially since there's no mandatory CLE requirement.
[ This forum gets more insane by the day. Sure, lets clog up the courts with more garbage lawsuits. I thought this was a conservative forum ]
The Left has been using OUR OWN VIRTUES AGAINST US, I sincerely don’t think that using more virtue on them at this point is going to do one damn bit of good anymore.
The only time left to use Virtue on the left is after we have our boot securely and firmly pressed down on their necks as they gasp for air and mercy we will show them “virtue” by not putting our full weight on their necks.
They have backed us into the corner of needing to fight dirty against them, and they miscalculate our resolve to fight dirty because they have been used to exploiting our own virtues for so long.
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