Categories: Sports Disputes

Who Dat Nation Needs To Rethink Lawsuit Against The NFL Over Botched Call

A lawsuit has been filed against the National Football League and NFL Commissioner Roger Goodell in the wake of the New Orleans Saints loss to the Los Angeles Rams in the NFC Championship Game. The case has “literally 0 chance of success. 0% 100% minus 100%. It is dead on arrival,” says appellate lawyer Raffi Melkonian. I would have a hard time telling Melkonian he is mistaken.

The case was initiated in the civil district for the parish of Orleans in Louisiana by Tommy Badeaux and Candis Lambert. They would like to turn it into a class action lawsuit on behalf of all Saints season ticket holders, the Saints National Fan Base (a/k/a The Who Dat Nation) and “any party with interest that has been affected by the outcome.”

The plaintiffs are upset about the non-call that you have undoubtedly seen countless times by now. A Rams defensive back clearly committed pass interference and made helmet-to-helmet contact with the Saints receiver. Yet, there was no call on the play, which led to a Rams win and the Saints losing the right to participate in the Super Bowl.

The dispute is grounded on a cause of action for negligence.

“Defendant, Roger Goodell, commissioner for the National Football League has a duty to enforce the rules of the NFL, including but not limited to Rule 17, it its entirety, and his failure to enforce said rule places him directly liable unto petitioners for their damages.”

What damages, you may ask. The plaintiffs seek damages related to mental anguish and emotional trauma, loss of faith in the NFL, loss of enjoyment of life, loss of entertainment, distrust of the game and other damages to be itemized at trial. They would also either like the game to be replayed, or at least have the final moments of the game played again.

Expect the court to refuse to intervene in what is strictly an NFL matter. Judges have, in the past, declined to involve themselves in errors committed by referees, even when the error “could be considered by mange as a tragedy.” I suspect many Saints fans would feel the same in this case, but it is a case that is not worthy of judicial resources.

Darren Heitner @DarrenHeitner

Darren Heitner is the creator of The Sports Biz. He is the owner of the South, Florida-based HEITNER LEGAL, P.L.L.C., which is a law firm that focuses on transactional, intellectual property and litigation work with a heavy emphasis on sports and entertainment issues. He is also the founder of Sports Agent Blog and an author of 2 books published by the American Bar Association -- How to Play the Game: What Every Sports Attorney Needs to Know (1st and 2nd Editions). Heitner contributed to Forbes and Inc. for many years.

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