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Thursday, July 19, 2012
Judge dismissed claims vs. Cowboys

ESPNDallas.com

A federal judge dismissed claims against the Dallas Cowboys in a lawsuit related to the Super Bowl XLV seating problems, The Dallas Morning News reported.

U.S. District Judge Barbara Lynn ruled that parts of the litigation can continue against the NFL.

The class-action suit was filed by fans affected by the problems with temporary seating at the 2011 game at Cowboys Stadium. More than 1,000 fans were affected, including about 475 who had no seat at all.

Cowboys spokesman Brett Daniels declined to comment when contacted by the newspaper, referring all questions to the NFL.

"The court's ruling threw out all claims brought on behalf of those fans who were eligible for the NFL's voluntary reimbursement offers except for a breach of contract claim," a statement the NFL released to the newspaper read. "We continue to believe that the offers made to these ticketholders meet or exceed what they could be entitled to under the law. In fact, the vast majority of these fans accepted the NFL's offers long ago."

The plaintiff's lead attorney, Michael Avenatti of Eagan Avenatti, LLP, focused on the fact the lawsuit would continue against the NFL instead of the Cowboys being dismissed from the claims.

"The court rejected the NFL's argument that there is no legitimate claim that the NFL committed fraud against any of its fans," Avenatti wrote in a statement, according to the newspaper. "We look forward to presenting extensive evidence of the NFL's fraud against its fans, and its breach of contract with the fans, to a jury. The law is clear, you cannot sell seats that do not exist nor can you defraud your fans by selling them first class seats when you know those seats are in reality located behind concrete pillars and posts."