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Lessons from the Redskins suing their fans.
On September 5, 2009, Washington Post reported that the Washington Redskins were seeking and obtaining monetary judgments from their fans that failed to pay for their season tickets. Specifically, fans enter into a contractual relationship with the Washington NFL franchise for the right to purchase season tickets for multiple years. Unfortunately, in these tough economic times, some fans are unable to pay for their season tickets. When the fans fail to pay, the Redskins seek a judgment for all remaining seasons included in the contract.
According to the Washington Post article, many fans are not defending the lawsuit. This is a clear mistake. By not defending the lawsuit, the Redskins are obtaining monetary judgments that are much greater than the Redskins are entitled to receive.
Specifically, the Redskins are seeking all remaining years of the contract. It is the Redskins’ burden to prove there is a valid contract, that the fan materially breached the contract, that the Redskins suffered monetary damages, and that the Redskins mitigated damages. There is no question that the Redskins can prove that there was a valid contract and a material breach. Clearly, failing to pay for your season tickets is a material breach. What is not clear is what are the actual damages to the Washington Redskins and if they mitigated damages.
The Redskins’ attorney in the Post article insinuated that the damages was the entire remaining amount due on the season ticket contract. A defense attorney would successful argue that is not correct.
As stated in the Washington Post article, the Redskins are reselling the tickets that the season ticket holders forfeited. Specifically, there are two preseason and eight regular season home games a season ticket holder is required to purchase. If the Washington Redskins average 90% of face value on resale of the total season of tickets, then the Redskins would only be entitled to judgment based on the 10% loss that the Redskins suffered (plus potential attorney fees, prejudgment interest, and court costs).
The Redskins also have the burden to prove that they have attempted to mitigate their damages by attempting to resell the tickets. NFL tickets are a commodity that can be resold. The Redskins do not have a right to let the tickets go to waste. If they have not attempted to resell the tickets, a Judge is well within his/her discretion and should deny the Judgment in favor of the Redskins.
The Redskins are also seeking all remaining years on the contract. This means that the Redskins are seeking future damages. While future damages can be awarded, in a contract for sports tickets, it is hard to prove future damages when the Court is well aware those tickets can be and most likely will be resold.
Unfortunately, there are many fans that are letting the Redskins obtain default judgments against them. The Redskins fans should be contacting and retaining a lawyer that can defend the lawsuit. The lawyer will help fans present a defense to the Court, use discovery procedures to find out what, if any, effort the Redskins have used to mitigate the damage, and how much money the Redskins have made on the tickets.
Timothy J. Mummert, P.A. has successfully defended contract disputes for our clients. If a creditor is seeking a judgment against you, contact our firm for a consultation to discuss your case.
According to the Washington Post article, many fans are not defending the lawsuit. This is a clear mistake. By not defending the lawsuit, the Redskins are obtaining monetary judgments that are much greater than the Redskins are entitled to receive.
Specifically, the Redskins are seeking all remaining years of the contract. It is the Redskins’ burden to prove there is a valid contract, that the fan materially breached the contract, that the Redskins suffered monetary damages, and that the Redskins mitigated damages. There is no question that the Redskins can prove that there was a valid contract and a material breach. Clearly, failing to pay for your season tickets is a material breach. What is not clear is what are the actual damages to the Washington Redskins and if they mitigated damages.
The Redskins’ attorney in the Post article insinuated that the damages was the entire remaining amount due on the season ticket contract. A defense attorney would successful argue that is not correct.
As stated in the Washington Post article, the Redskins are reselling the tickets that the season ticket holders forfeited. Specifically, there are two preseason and eight regular season home games a season ticket holder is required to purchase. If the Washington Redskins average 90% of face value on resale of the total season of tickets, then the Redskins would only be entitled to judgment based on the 10% loss that the Redskins suffered (plus potential attorney fees, prejudgment interest, and court costs).
The Redskins also have the burden to prove that they have attempted to mitigate their damages by attempting to resell the tickets. NFL tickets are a commodity that can be resold. The Redskins do not have a right to let the tickets go to waste. If they have not attempted to resell the tickets, a Judge is well within his/her discretion and should deny the Judgment in favor of the Redskins.
The Redskins are also seeking all remaining years on the contract. This means that the Redskins are seeking future damages. While future damages can be awarded, in a contract for sports tickets, it is hard to prove future damages when the Court is well aware those tickets can be and most likely will be resold.
Unfortunately, there are many fans that are letting the Redskins obtain default judgments against them. The Redskins fans should be contacting and retaining a lawyer that can defend the lawsuit. The lawyer will help fans present a defense to the Court, use discovery procedures to find out what, if any, effort the Redskins have used to mitigate the damage, and how much money the Redskins have made on the tickets.
Timothy J. Mummert, P.A. has successfully defended contract disputes for our clients. If a creditor is seeking a judgment against you, contact our firm for a consultation to discuss your case.
