You really are being obtuse, aren't you? You suggested that the games I linked were not relevant because of when they occurred during the season. The games I posted are every bit as relevant as the game under discussion, to the extent that there is anything worthy of litigation in this instance. Your suggestion that caveat emptor applies to certain basketball ticket purchases more than others is bizarre, to say the least.
Right, no such thing as NBA fans. They're all entrepreneur's trying to make a buck. I'm sure that same fan would have sued the Heat had the Spur's starters played and blown them out because he didn't get his money's worth. He isn't going to get more money than the worth of his ticket + traveling expenses.
Isn't forcing players to play involuntary servitude? Tired, aging players at that..
On Monday, Larry McGuinness filed a class action suit in Miami-Dade County, stating that the team's head coach, Gregg Popovich, "intentionally and surrepticiously" sent their best players home without the knowledge of the league, the team and the fans attending the Nov. 29 game against the Heat. McGuinness contends that he, as well as other fans, "suffered economic damages" as a result of paying a premium price for a ticket that shouldn't cost more.
Please point out which part of the above is inaccurate?
He has a valid point. Pop did send the players home w/out the knowledge of the league, the team and the fans attending the game. The fans did pay a premium price for a ticket that shouldn't cost more.
He has a valid argument. People pay good money to see the best players in the world. When a coach decides his players are not going to play even though said players are healthy - then it is a ripoff. If I had paid for a ticket and a coach sat out his best players - I would also feel ripped off.
Truth.
Why are you so emotional about this and resorting to insults? Are you paying for this suit? Spurs fans take this too personal. I am just stating the truth.
The dumbass lawyer is referring to the dumbass fans who purchased scalped tickets at premium...good luck proving damages
Continue on with the strawman act if you like but meaningless games in April aren't subject to litigation because its fact that teams rest players at season's end to rest up for the playoffs and prevent injuries This has been going on for years. It's unprecedented that a team would strategically hold out healthy players in a nationally televised November game when they're were many other alternatives available. And none of those teams including the Spurs in late April were fined $250,000 for resting players either.
Tony Parker and Danny Green would dissagree.
Exactly, I don't see how they could so much when they should know that the older players need a rest every now and then.
I could understand them complaining about Danny Green leaving but most people don't know that he suffers from chronic jock itch. He even stated that his CJI flared up as being the reason he got to leave with TP, TD and Manu. The reasoning for his CJI is because he simply doesn't wash down there...EVER. Go figure.
The portion in bold is inaccurate. He purchased a ticket to see the Spurs play the Heat at a certain date and time. He went to the arena on that date at that time and saw the Spurs play the Heat. As a bonus, he saw a close game that went down to wire and was won by the home team.
As to the premium price bit, the article states that lawyer bought the ticket on the resale market, not directly from the team.
So they can't tired?
That mystix just doesn't get it. He'll spin what you just said and make some other idiotic up.
I'd not waste my time with him if I were you.
If you believe that a individual fan has a legal case for damages for a game played in November, but not for a game played in April, then there is no point in the continuing the discussion. It's a bizarre point of view and you're en led to hold it, but I assure you that it is not a legally supportable position.
Oh, and if you don't know what a strawman is, you probably shouldn't use the term.
that was either was some sublime trolling.. or that guy is a complete re .
Max Sports talked to the guy:
http://www.foxsanantonio.com/newsroo.../vid_187.shtml
My name is Gregg. I coach the San Antonio Cube Steaks.
Gregory Popovich @FakeCoachPop
See this is EXACTLY the type of reason why I quit law school after the first year. In fact, this will now be by go-to example for why I did.
Forgive my over-generalization of this because I'm going to lay out the legal ramifications of all this in "layman's terms" here....
Issue 1: Spurs' Contractual Obligations:
Coaches are contracted by the teams to COACH, by definition meaning to use their discretion regarding gameplay strategy for the betterment of the team. Pop satisfied this contractual obligation ("coaching") by resting his players.
Thus, Issue 2: Breach of Contract and Spurs' Affirmative Defense:
By Stern fining the the Spurs for their coach doing what he was contractually obligated to do, Stern is in effect fining the Spurs for their employee NOT BREACHING his contract. (This fine would most likely fall under "unconscionability," and it would absolutely shock me if the Spurs/players association had not filed suit against the league for the Spurs' fine on that basis
http://en.wikipedia.org/wiki/Unconscionability)
Issue 3: Stern Gives Lawyer Standing but Still Improper Venue:
In order to successfully file suit court, you have to have two things:
1) "Standing," which means you need to have a 'rational' (in as much as one can objectify what it means to be 'rational') basis for the suit. Plaintiff DOES have this element, because $tern fining the Spurs "shows" that they did something wrong, thus someone must have been 'injured,' and thus their is a rational basis to bring the suit. Plaintiff does not have to show that there was a rational basis for $tern's actions (the fine); merely that there was a rational basis for plaintiff's actions (the suit). IF $tern had not fined the Spurs, there would be no standing and thus the case would be thrown out immediately. However, the case still fails because of...
2) You must file the suit in the proper venue. Spurs Sports and Entertainment would be the proper company (holding company) to sue. Due to various taxation legalities, more than likely they're incorporated in a state other than Texas. So this lawyer needs to file in FEDERAL court, not state court. If he files in STATE court, the suit will be thrown out for lack standing, improper venue, and being a frivolous lawsuit. In that event, plaintiff will have to pay SS&E's legal fees. UNLESS this lawyer took the case on a contingent fee basis, which means the attorney will only get paid if the plaintiff wins; if not, his legal fees might as well be pro bono work.... Basically, for this lawyer, filing in a FL state court, he's essentially going to pay a hefty price for some advertising for his firm.
Issue 3: DTPA (deceptive trade practices act) Does NOT Govern Case at Hand as claimed by plaintiff's lawyer; HOWEVER, ESPN et. al. MIGHT be at Fault:
Again over-simplifying here, but NBA games are listed on the tickets (legal jargon: "consideration") as "Spurs vs. Heat," NOT "Duncan, Parker, Ginobili vs. Heat." IF tickets did read that, then a suit under the DTPA might succeed. However, anyone who has ever attended any law school class ever even while hungover and under the influence of boredom can still tell you that DTPA does not govern the case at hand. HOWEVER, the plaintiff might have a DTPA or detrimental reliance/breach of contract case against a company such as ESPN if the plaintiff can show that they purchased the game tickets after an ESPN et. al. broadcast advertising "Come see Tim Duncan and the San Antonio Spurs take on a group of the three stooges of public relations and their supporting cast of has-beens looking for rings!"
(Black and) Silver Lining:
This suit is gonna bring a Robert Tractor Traylor load of free press to the Spurs, and thus more revenue for one Peter Holt.
So you can thank that lawyer who took his frivilous lawsuits to south beach when the Spurs "all of the sudden" have a little more financial flexibility from Holt -- all of that lawyer's hard work is going to earn the Spurs enough free press to cover luxury tax payments for at least a season or two.
Mel_13 is a strawman. Where did I say the man had the "legal" right to sue for damages? The man has no more legal right to sue than the woman who sued Mcdonalds for $1 million dollars for spilling hot coffee on her leg, but alas, we live in a sue happy society. However, if a man feels robbed of cash and he wants to try to recoup some of his losses by hiring a lawyer, that's on him. But don't act like all regular season games are one in the same. It's a fact and understood league-wide that teams rest players at the end of the season when there is nothing left to play for, not so much in late November games and hours before tip-off of a nationally televised game. I can't believe this is your argument.
oh, and, and I love how you take a snipet of my post and take a stand. I'll say one last time before I end this, If heathy players can be rested at anytime, any game for any reason without league notification, then don't jack up the ticket prices when a contender comes to town.
how about fans that paid good money to go watch dancing bear, but pop rarely plays him, should they start sueing...
Most negative feedback coming from the San Antonio area. Go figure.
Fails for two reasons. First, Heat made the rep that Spurs stars would play. If there is a lawsuit it would be against the team that made the representation.
Two, your damages are what you paid for the ticket. No money there. This is a way to her your name out there, nothing more.
Can I sue the guy? Reading about his lawsuit is causing me emotional distress.
Looked it up. He's a personal injury lawyer. This is all about free press. It's cheaper than advertising in a phone book and gets more attention. He knows his lawsuit is garbage. But the free press is worth $$$$.
All that free press just to let the world know what a ing incompetent lawyer he really is? Not a very smart move tbh.
Class action suit -- He is looking to sue on behalf of anyone and everyone who purchased a ticket to the game. He gets to collect his large fees and they all get a few bucks.
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