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On Monday, the lawsuit filed by a couple of New Orleans Saints ticketholders against the NFL for failing to utilize and follow its own rules (NFL Rule 17, Section 2) and cause a replay of the final minutes of this year’s NFC Championship game was brought before a US District court magistrate in New Orleans.
WhoDat be the presiding judge, you ask?
She is Federal District Judge Susan Morgan, who happens to be a Louisiana native who attended Northeast Louisiana University in Monroe and received her law degree from LSU.
While we don’t know whether Judge Susan Morgan is a Saints fan, first appearances would certainly seem favorable for the home team of litigators in their efforts to confront and take down the evil empire called the National Football League.
Holy WhoDat! First down, Saints!
The lawsuit was brought forward by the two New Orleans Saints fans demands to know why the NFL did not employ one of its own rules which would have compelled the league and its commissioner (Roger Goodell) to cause the final 1:49 of the fourth quarter of the NFC Championship game between the Saints and the Los Angeles Rams to be replayed.
In case you were stuck on Gilligan’s Island a week ago, a more-than-obvious pass interference and helmet-to-helmet contact penalty on a third down pass play by the Saints was conveniently overlooked by an officiating crew which, we later learned, had four paid employees who reside in the southern California (home of the aforementioned Rams).
For the NFL, the howls came loud nationwide and included accusations (mine included) that the “fix was in”. Saints fans expected the NFL’s Commissioner to act quickly, decisively, and explain why the NFL rules were not utilized to cause the final moments of the game to be replayed by no later than last weekend.
Predictably, the NFL went into hiding last week and failed to address the issue. As I opined last week, the league probably spent the time “lawyering-up”.
If the game officials did, indeed, intentionally swallow their whistles on the play, then the credibility and financial viability of the league’s 32 professional football franchises could be irreparably harmed if the outcomes of games could be altered by financially or emotionally motivated game officials.
Regardless, the lawsuit filed by the Saints fans was dismissed by most of America as a waste of money and a useless and futile “Hail Mary” sour grapes effort against the behemoth legal defense team of the multi-billion dollar enterprise of the National Football League.
With the judicial clock running and the countdown to the Super Bowl (featuring the Los Angeles Rams against the New England Patriots) now at less than one week away, the NFL is the overwhelming betting favorite to win this judicial Battle Royale.
The District Judge for the Eastern District of Louisiana cleared some time on Monday to hear the arguments presented by both sides.
The NFL “kicked off” the hearing by contending that delaying the Super Bowl game this weekend in order to replay the concluding minutes of the Saints/Rams game (if the NFL were to do it, of course) could cost the league $100 million due to the large number of sunk costs associated with playing the season finale slated for this Sunday afternoon.
The NFL (in a 22-page brief filed with the court) stated that the courts cannot “compel” the Commissioner to utilize this obscure rule (in this case or any other).
The NFL also said that a clause from this obscure rule makes it virtually impossible for football teams to reverse an official(s) decision:
“…The Commissioner will not apply authority in cases of complaints by clubs concerning judgmental errors or routine errors of omission by game officials. Games involving such complaints will continue to stand as completed.”
In this case, though, the lawsuit was brought by ticketholders and not the New Orleans Saints football club.
That issue seems to be the flaw in the lawsuit. Ticketholders could (possibly) demand a financial restitution from the NFL, but they may not be able to compel the Commissioner to utilize the rule to cause a replay of the final minutes.
According to one report, the attorney for the Saints ticketholders admitted to the Judge that his clients “are not asking for money damages” and, later, admitted that “We are not trying to stop the Super Bowl from going forward.
The attorney added, “We’re asking the Commissioner to follow the rules.”
FUMBLE!!!
If the Saints ticketholders aren’t asking for financial damages, but, according to their attorney, also aren’t asking the Court to delay the Super Bowl from going on this weekend, just what IS the attorney asking for?
Like me, the Judge now seems to be confused, too.
She has asked both parties for further briefings.
The NFL’s attorneys may be playing an “away” game in federal court, but they definitely have secured the upper hand at this juncture in the legal game.
Tick, tick, tick.