July 19, 2012 | By McCathern Law
Partners Levi McCathern and Paul Grinke led the McCathern team that gained dismissal with prejudice of clients Jerry Jones, Dallas Cowboys Football Club, LTD, and Cowboys Stadium, L.P. from the class action lawsuit filed in the United States District Court, Northern District of Texas, arising out of temporary seating issues during Super Bowl XLV. The attorney for the putative class alleged that Jones and the Cowboys were negligent, and guilty of fraudulent misrepresentation with respect to tickets that were sold to Super Bowl XLV fans. Some tickets to the game were for seats located where temporary seating was utilized to accommodate the overwhelming demand for the first Super Bowl in Dallas history. When a third-party vendor, unrelated to the Cowboys or NFL, failed to timely complete installation of the temporary seating to the satisfaction of the City of Arlington Fire Marshal, a group of fans were displaced, and asked to either sit in alternative seats within the stadium, or watch the game from the “Miller Light Club” on field level. The Court’s ruling threw out all claims against the Dallas Cowboys, and further dismissed all claims brought against the NFL on behalf of those fans who were eligible for the NFL’s voluntary reimbursement offers except for a breach of contract claim. Both the Cowboys and NFL are very pleased with the Court’s ruling.
The Dallas Morning News