On Friday, July 10, the NFL argued against an attorneys’ fees request by fans who originally sued over seat complaints from Super Bowl XLV. In its reply brief supporting a motion filed in June, the NFL urged U.S. District Judge Barbara M.G. Lynn that the request for more than $83,000 in cost reimbursements should either be denied entirely or reduced by at least 90 percent.
In the brief, the NFL suggested that despite the $75,850 jury award the fans won in March for their claim of breach of contract, the plaintiffs are now seeking costs that were not “necessarily incurred” in pursuit of the contract claim. Furthermore, according to the league, the breach of contract claims were not particularly difficult or expensive to resolve. With such little dispute, the NFL continued, the fans did not need to accumulate more than $83,000 in costs to litigate the matter.
Meanwhile, in its own fee motion in this suit, the NFL has been seeking to recover over $25,000 from three plaintiffs due to a pre-trial settlement offer. The plaintiffs have urged the court to deny that motion and have also appealed the verdict to the Fifth Circuit for several reasons, including the denied class certification and the dismissal of other defendants and their other claims.