We won a significant victory on behalf of the Houston Astros as lead trial and appellate counsel in defending multiple putative class actions filed on behalf of ticketholders in Texas state court related to a highly publicized investigation by Major League Baseball.
The cases presented novel issues about whether sports fans and ticketholders have cognizable legal claims related to a sports team’s play on the field. The court of appeals adopted our arguments in full, holding for the first time under Texas law that claims based on how a sports team plays the game are not cognizable. “It is clear that the plaintiffs’ claims arise from the way the Astros played the game…despite their attempts to couch their claims in terms of off-the-field misrepresentations,” the ruling states.
The case is significant because of the prominent role that professional sports plays in our state and nation. “In Texas, a ticket to a baseball game is a revocable license,” the ruling states. “The plaintiffs have not asserted that they were denied the right of entry into Minute Maid Park or to sit in the seats for which they purchased tickets.” In February 2022, the Astros settled the remaining claims in the litigation, paying $0.