01-06-2023, 04:52 PM
(01-06-2023, 04:13 PM)Sled21 Wrote: I think it would get kicked out due to the fact season ticket holders did not pay for those tickets yet, hence they have suffered no financial harm. The city can claim damages from lost tax revenue from players salaries, hotel taxes, food taxes, etc.
An offer was made via the email to the ticket holders that notated they'd host if they won the division. This gets into promissory estoppel, or essentially the damages incurred due to a promise that was made as part of an offer that was changed. The NFL changed the terms of the offer after the fact by making it so a division winner may not in fact get to host. Their damages could be something as simple as hotel rooms that won't be refunded. The point would be as soon as the game was cancelled under current NFL rules the Bengals won the division making the offer they were offered effective and any sort of monetary damages incurred after that were due to an arbitrary decision to change the rules after the fact.
I think the class of fans would have a better shot as well because they can venue shop. The city would have to sue them in Federal court here in the southern district of Ohio where as a fan in California or somewhere with a more sympathetic bench could put the legal challenges in motion and then move to certify it as class action potentially.
