In an episode popularly known as “Spygate,” an employee of the New England Patriots National Football League team was caught videotaping New York Jets’ sideline signals, in violation of NFL rules, during a 2007 game with the Jets. The taping was later discovered to have been part of an illicit taping program that reportedly had been ongoing since the 2000 season. The NFL penalized the Patriots and their coach, Bill Belichick. Mayer sued on behalf of himself and a class of Jets season ticketholders claiming the improper conduct violated the contractual expectations and rights of the ticketholders who had paid to observe an honest football game played in conformance with the rules. Mayer lost at trial, where the federal district court ruled that he had failed to demonstrate an actionable injury; that is, he was unable to show the court that the facts he asserted could support a right to relief under the law. Put another way, he did not have standing to sue. Mayer then appealed to the Third Circuit Federal Court of Appeals.

Questions

1. Why did Mayer lose this case? 

2. According to the court, under what circumstances might a plaintiff conceivably have an actionable claim involving a sports event gone wrong? 

3. The 2019 Super Bowl win by the Los Angeles Rams was clouded by a controversial “no call” on the Rams’ apparent pass interference. Two Saints fans sued on behalf of the “national fan base” to compel the NFL Commissioner to explain why he did not invoke a league rule allowing him to reverse the outcome or reschedule the game. Do the Saints fans have standing to bring this claim? Explain. [See Paul Murphy, “Can the ‘no-call lawsuit’ from New Orleans lawyers actually work?,” 4WWL, January 23, 2019 [www.wwltv.com].