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Imagine A Class-Action Lawsuit By Season Ticket Holders

from Roy MacGregor of the Globe and Mail,

Fan loyalty is proving not quite as deep as the ocean, as proved to be the case in 2004-05. There is this time a growing sense that, given the chance, fans might turn on the league and its players if 2012-13 is lost entirely.

And since we are discussing strategy, he (unnamed lawyer) adds, you have to presume that the league and its teams had a strategy in place that presumed – perhaps even planned – that there would be a lockout on Sept. 15.

That, he says, raises the possibility that teams sold season tickets fully aware there would be, at best, a shortened season, and, at worst, no season at all. He would call this “false pretenses.” Even if those tickets have caveats in small print regarding the possibility of lost games, he still believes a legal argument could be made.

Season-ticket holders are a powerful force in hockey. Well more than half the available seats are dedicated to their loyalty.

The legal mind thinks there would be judges – also hockey fans – out there who would entertain such a legal question, even if it went nowhere.

Just imagine the squirming, he says, if a court were discussing a forensic examination of league and team e-mails to determine whether the lockout was a certainty even as season tickets were being sold to games that were never going to be played.

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Comments

Paul's avatar

Anyone know Fieger?

Posted by Paul from Motown Area on 12/10/12 at 09:11 PM ET

HockeytownOverhaul's avatar

I do not but I dig what he’s doing here.  The likelihood is small it’d happen, however, the possibility of the league having to provide their internal communications pertaining to the lockout would be motivation to git’r'done.  Since Jimmy D reminded us all that it’d be VERY EASY, believe him, for them to cancel the season, this might make it.. less, easy.

Posted by HockeytownOverhaul on 12/10/12 at 09:41 PM ET

redxblack's avatar

It’d probably be better to bring this to Canadian courts, eh?

Posted by redxblack from Akron Ohio on 12/10/12 at 10:03 PM ET

Avatar

If lawsuits for non-performance were likely, Wang would have been sued out of NY a long time ago.

I’m sure some lawyer would take it, but it’d be quite a reach to get anything even into discovery.  It would probably be tossed pretty quickly.

Although I wouldn’t exactly put it past Bettman to be so stupid he sent someone an email about ‘Ah, screw it we’ll just lock everyone out in 18 months.’

Posted by HockeyinHD on 12/10/12 at 10:17 PM ET

SYF's avatar

Anyone know Fieger?

Posted by Paul from Motown Area on 12/10/12 at 08:11 PM ET

Geoffrey Fieger, maybe?  The lawyer who represented Dr. Kirk Kevorkian?

Posted by SYF from the team that re-signed KFQ and DFC by KFH on 12/10/12 at 10:23 PM ET

LivinLaVidaLockout's avatar

Dr. Kirk Kevorkian?

Posted by SYF from an NHL wasteland…and it fuching sucks. on 12/10/12 at 09:23 PM ET

The spaceship captain?!?

Posted by LivinLaVidaLockout on 12/11/12 at 12:03 AM ET

NIVO's avatar

Knowing full well in advance, these owners made(and possibly still ARE) money off of season ticket holders. More than likely the money is in escrow accounts and getting interest. If the season doesnt happen, it serves them right if they get slapped with a lawsuit.

Posted by NIVO from underpants gnome village on 12/11/12 at 02:57 AM ET

redxblack's avatar

Geoffrey Fieger, the brother of the Knack singer.

Posted by redxblack from Akron Ohio on 12/11/12 at 11:16 AM ET

calquake's avatar

  Dr. Kirk Kevorkian?

  Posted by SYF from an NHL wasteland…and it fuching sucks. on 12/10/12 at 09:23 PM ET

The spaceship captain?!?

Posted by LivinLaVidaLockout on 12/10/12 at 11:03 PM ET

Yes, the very same one who went throughout the universe euthanizing alien lifeforms.

Posted by calquake on 12/11/12 at 12:01 PM ET

Paul's avatar

Geoffrey Fieger, the brother of the Knack singer.

Posted by redxblack from Akron Ohio on 12/11/12 at 10:16 AM ET

I do believe the now, late brother.

Posted by Paul from Motown Area on 12/11/12 at 12:06 PM ET

Evilpens's avatar

Goeffrey Fieger is a Lunatic Lawyer who defended Dr. Kevorkian in court

Posted by Evilpens on 12/11/12 at 01:28 PM ET

tuxedoTshirt's avatar

It’d probably be better to bring this to Canadian courts, eh?

Civil court is sooo weak in Canada.  You could never really end up with an OJ situation or a tonne of “Sue’em” license plates.

Posted by tuxedoTshirt from the Home of the 1937 World Champions on 12/11/12 at 11:39 PM ET

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Paul Kukla founded Kukla’s Korner in 2005 and the site has since become the must-read site on the ‘net for all the latest happenings around the NHL.

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