The NFL’s decision to embrace L.A. as a location for the Rams also means the NFL will from time to time have to embrace the L.A. civil justice system.
The lawsuit seeking compensation for fans who attended the Hall of Fame Game earlier this month in Canton, Ohio has been voluntarily dismissed without prejudice from federal court in Ohio and re-filed in the U.S. District Court for the Central District of California. To support the choice of the L.A. area as the forum, the class representative, Greg Herrick, is a resident of L.A. who purchased a ticket to the Hall of Fame Game and traveled to Ohio for it.
The lawsuit also points out that the NFL has four teams in California “including one within this district” -- the Rams.
The allegations aren’t significantly different than the prior version of the lawsuit; the biggest change appears to come from allegations based on statements made by Colts punter Pat McAfee in a podcast the day after the canceled game. It’s likely that revised legal claims eventually will be filed to allege, among other things, fraud in the concealment of the cancellation of the game from the fans who had assembled at Tom Benson Hall of Fame Stadium for it.
The biggest reason for the decision to proceed in federal court in Los Angeles likely comes from the belief that the combination of the judge, the jury pool, and the appeals court will lead to a better outcome for the plaintiffs. For that reason, the NFL and the Hall of Fame likely will fight the choice of venue, attempting to secure a transfer of the case to a more favorable location.
Picking the best forum is a key aspect of good lawyering. The NFL did that last year, when filing the initial lawsuit regarding Tom Brady’s suspension in federal court in Manhattan, before the NFL Players Association could filed a lawsuit attacking the suspension in federal court in Minneapolis.
