NEW YORK (Legal Newsline) - A federal magistrate judge has recommended tossing the class action lawsuit seeking billions for New York Giants and Jets fans who have to travel to the teams' stadium in New Jersey.
Barbara Moses issued her report and recommendations on Dec. 16 in New York federal court, stating the plaintiffs have failed to show her court has subject matter jurisdiction or that the plaintiffs have stated a claim for which relief can be granted.
The NFL, Giants, Jets and MetLife Stadium Company filed their motion to dismiss in March as they fight claims brought by plaintiff Abdiell Suero and lawyer Evan Spencer. Their lawsuit claims the defendants knew the importance of keeping the New York market loyal to the teams after they moved to a stadium in New Jersey decades ago.
It says they “artificially increased the revenue and value” of the franchises by billions by using the “New York” brand.
"In this case, the injuries of which plaintiffs complain, and for which they seek damages under the (New York General Business Law), all stem from their physical attendance at an NFL game at MetLife Stadium," Moses wrote.
"A reasonable consumer would necessarily realize - before stepping on the train at Penn Station or driving through the Lincoln Tunnel - that he was, in fact, heading to New Jersey."
The lawsuit says many NFL fans who attend Giants or Jets games for the first time are unaware their stadium is in New Jersey.
Class members have suffered damages by needing to secure “expensive and time-consuming transportation” from NYC to East Rutherford for games, the suit claims. Class members pay $16 in tolls and $40 to park, the suit says, while ride-sharing companies charge $400 or more.
There is also emotional and psychological damage caused by the New York brand, the suit says.
“As Giants and Jets fans, Plaintiff and the class are insulted, ridiculed, harassed, tormented and bullied by NFL fans around the United States due to the affiliation of the Giants and Jets with the State of New York rather than their true home, New Jersey," the suit says.
The lawsuit makes claims for false advertising, deceptive practices, civil racketeering, unjust enrichment and conspiracy. Its goals are:
-An order requiring the Giants or Jets to find a spot in New York in which to play in 2025, when their MetLife contracts or up;
-An order requiring them to change their names to “New Jersey” while they play home games there;
-Monetary damages of $2 billion and additional punitive damages of $4 billion, with a minimum of $50 per class member; and
-Attorneys fees.
Newer claims targeting MetLife's marketing as the "number one stadium in the world" must also be thrown out, Moses said, weighing the plaintiffs' claim it is inferior to other NFL domed stadiums.
Moses found MetLife's claim is legally protected puffery, similar to boasts made by Starbucks that it had the "Best coffee for the Best You."
Moses' report will be studied by Judge Alvin Hellerstein, who will make the ultimate ruling on the motion to dismiss.
The Giants/Jets case isn’t Spencer’s first big swing in court. He sought $1.5 billion in a 2013 lawsuit against Match.com, IAC/InteractiveCorp and People Media.
The suit claimed those defendants were illegally using class members’ photographs in “hundreds if not thousands of fraudulent profiles posted on several of the 25 dating sites owned and operated by the defendants.”
The defendants knowingly conspired with criminals in internet cafes in Nigeria, Ghana and Russia who created the fake profiles, the suit claimed.
Ultimately, New York federal judge Jesse Furman threw the case out, brought by a company called Meltech that owned the rights to images of model and adult film actress Melissa Harrington, also known as Melissa Midwest and Melissa Lincoln.