SBD/Issue 51/Franchises

Jets, Giants Seek Dismissal Of Class-Action Suit Over PSLs

Judge Gives Season-Ticket Holder 60 Days 
To Prove Renewal Rights
The Jets and Giants have asked the U.S. District Court in New Jersey to "dismiss the class-action suit" filed by season-ticket holder Harold Oshinsky in March over PSLs, according to Ken Belson of the N.Y. TIMES. Judge Peter Sheridan on November 5 "dismissed several of Oshinsky's claims," but he "left a small legal door open." Oshinsky "claimed that he had an implied right to renew his season tickets because the teams kept selling him the tickets to sit in the same seats year after year." Sheridan "gave him 60 days to show more precisely what, if any, his season-ticket renewal rights were, so it could then be determined whether the rights were breached by the teams." Though the case "still faces an uphill battle, the judge provided a minor victory for Oshinsky and other angry season-ticket holders in New York and, potentially, in other cities where teams have sold or hope to sell PSLs." Oshinsky's lawyer Andrew Friedman said that he "asked the teams for all their communications and supposed disclaimers that they said they sent to season-ticket holders over the years." Friedman "may ask to depose team officials, including ticket managers and financial officers." The Jets said that Oshinsky "never had any formal rights to renew his season tickets, only an expectation that he could renew his seats." The Jets renewed his ticket plan because he was a "loyal customer who did nothing to deserve having them revoked." Legal experts said that while Oshinsky's case is "still alive," he is "likely to lose in the end." Tulane Univ. Sports Law Program Dir Gabriel Feldman: "There is a faint glimmer of hope because the plaintiff can do discovery. But there's no express right that gives the ticket owner a right to renew the ticket price in perpetuity." Willamette Univ. law professor Jeffrey Standen: "All the Jets and Giants had to do over the years was add another sentence or two to their agreements and that they can revise any rights they want" (N.Y. TIMES, 11/21).

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