The attorney suing the Pro Football Hall of Fame and the NFL over this month’s canceled HOF game has dismissed the initial lawsuit in Ohio and refiled in California.
Attorney Michael J. Avenatti dismissed his Aug. 11 complaint filed in U.S. District Court in Cleveland while filing a similar one in U.S. District Court in California seeking more than $5 million in damages.
He accuses of the National Football League and the Pro Football Hall of Fame of breaching their contract with fans who had tickets to the Aug. 7 game only to have the matchup between the Green Bay Packers and Indianapolis Colts canceled due to poor field conditions at Tom Benson Hall of Fame Stadium.
The lawsuit was filed on behalf of Greg Herrick, a Los Angeles resident who bought tickets, and seeks to represent thousands of others as a class-action complaint.
Among its allegations, the lawsuit alleges that the NFL and Hall of Fame officials knew or should have known they needed to supervise the stadium setup to ensure it was ready in time and that they intentionally failed to inform fans the game was canceled “even though they already had informed the Colts and Packers (and presumably TV executives) about the cancellation hours earlier.”
Notifying ticket-holders earlier would have lessened the damage but “instead, defendants chose to proceed under the facade of normality, allow fans into the stadium and reap profits on the sales of concessions and souvenirs from their captive audience,” the lawsuit alleges.
The Hall of Fame last week expanded its refund policy to include reimbursement for the face value of the tickets and one night of hotel accommodations, prepaid parking and fees. Those who accept the refund plan through the Hall agree not to participate in the lawsuit.
“We take full responsibility for what occurred at the game,” HOF President David Baker said in a statement last week. “We are doing what is right for our fans. We will learn from this experience so something like this never happens again.”
Reach The Repository at 330-580-8500 or
Attorney Michael J. Avenatti dismissed his Aug. 11 complaint filed in U.S. District Court in Cleveland while filing a similar one in U.S. District Court in California seeking more than $5 million in damages.
He accuses of the National Football League and the Pro Football Hall of Fame of breaching their contract with fans who had tickets to the Aug. 7 game only to have the matchup between the Green Bay Packers and Indianapolis Colts canceled due to poor field conditions at Tom Benson Hall of Fame Stadium.
The lawsuit was filed on behalf of Greg Herrick, a Los Angeles resident who bought tickets, and seeks to represent thousands of others as a class-action complaint.
Among its allegations, the lawsuit alleges that the NFL and Hall of Fame officials knew or should have known they needed to supervise the stadium setup to ensure it was ready in time and that they intentionally failed to inform fans the game was canceled “even though they already had informed the Colts and Packers (and presumably TV executives) about the cancellation hours earlier.”
Notifying ticket-holders earlier would have lessened the damage but “instead, defendants chose to proceed under the facade of normality, allow fans into the stadium and reap profits on the sales of concessions and souvenirs from their captive audience,” the lawsuit alleges.
The Hall of Fame last week expanded its refund policy to include reimbursement for the face value of the tickets and one night of hotel accommodations, prepaid parking and fees. Those who accept the refund plan through the Hall agree not to participate in the lawsuit.
“We take full responsibility for what occurred at the game,” HOF President David Baker said in a statement last week. “We are doing what is right for our fans. We will learn from this experience so something like this never happens again.”
Reach The Repository at 330-580-8500 or
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