LEGAL LINE VOL. IX

JET TICKET HOLDERS: YOU HAVE A BETTER CHANCE OF GETTING STRUCK BY LIGHTNING THAN WINNING THIS LAWSUIT AGAINST THE PATRIOTS
By Scott Daniels, Esq., NFL Draft Bible

Bill Belichick and the New England Patriots cannot seem to shake their appalling actions revealed earlier this season. In what is now referred to as "SpyGate," the videotaping scandal that raised serious questions about Belichick's credibility has inspired two lawyers from New Jersey to bring a class action lawsuit on behalf of Jet ticket holders and against Belichick and the Patriots.

The suit seeks over $184 million in damages and allegedly dates back to 2000, Belichick's first year as head coach with the Patriots. The suit basically claims that Jet ticket holders should be compensated for all games played in Giants stadium between the Jets and the Patriots as a result of the Patriots' fraudulent actions.

The major issue in this case is whether or not the Patriots have done this before and if so, for how long? There are so many problems with this lawsuit and so many unanswered questions that there is no conceivable way that this suit will be successful.

Problem 1
Lack of evidence. The suit claims that the Patriots have performed acts of fraud against the Jets since 2000. In a civil case, "clear and convincing evidence" is necessary for a favorable verdict. Under this standard, you must convince the trier of fact that it is substantially more likely than not that the thing is in fact true.

Last week, the NFL requested, obtained and destroyed all videotapes stemming from the incident involving Belichick and the Patriots. The NFL's reasoning for the destruction of the tapes was so that no other team could in any way access what was on the tapes.

Apparently, the lawyers bringing this lawsuit feel that they can prove their case with testimony claiming that the Patriots have done this before. To win this case, they need evidence that the Patriots performed fraud against the Jets in the past. Assuming they are unable to obtain any hard evidence, this suit will fade quick.

Problem 2
Valid testimony. Even if these lawyers can find individuals that are willing to testify that the Patriots have done this before, it does not necessarily make it "more likely than not" that the Patriots did it against the Jets in the past. Mere testimony that the Patriots acted fraudulently in the past is too vague. Couple this with a lack of hard evidence and this case has DISMISSED written all over it.

Problem 3
Incorrect Damages. In claiming damages, the lawyers used the number $61.8 million as the amount that it cost fans to attend Patriots - Jets games at Giants Stadium since 2000. The suit claims fraud under federal Racketeer Influenced and Corrupt Organization Act (RICO) and New Jersey Consumer Fraud Act, which allows for triple damages, or $184 million.

Let's hypothetically say that the Patriots engaged in spying against the Jets in the previous eight matchups at Giants Stadium. In each of the Patriots' wins, a good lawyer might be able to argue that Jet fans were deceived - and damaged - through the suspect tactics of Belichick and the Patriots. But what if the Patriots didn't win? Were the fans still damaged?

The Jets defeated the Patriots in 2000, by a score of 20-19. The fans at that game were not damaged. The Patriots quite possibly could have been spying the whole game and certainly broke NFL rules, but Jet fans walked out of Giant Stadium with a victory.

Problem 4
Proving fraud is extremely difficult. Under common law, fraud requires three elements: (1) a material false statement; (2) reliance on that statement; and (3) damages. Although the context here is a little different because we are not dealing with a statement, but rather an action, fraud essentially requires a falsity, reliance on that falsity and a loss of some sort.

Proving damages here will be incredibly hard. The integrity of the game may have been tarnished by Belichick and the Patriots' actions, but to say that the fans were damaged in some way is a weak argument. The lawyers are seeking reimbursement for ticket prices over the years, so proving that damage was done to each ticket holder is a must - and a long-shot at best.


New Jersey lawyers Carl Mayer and Bruce Afran have their work cut out for them. A civil suit against Bill Belichick and the Patriots was most likely inevitable, but this case is certainly not a winner. Proof is a necessity in any case and unfortunately, Mayer and Afran have very little, if any at all.