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Dallas Cowboys quarterback Tony Romo, a Dallas entrepreneur and a team of fantasy football experts have sued the National Football League for killing their hopes of hosting a national event for fantasy football fans earlier this year. I have obtained a copy of the lawsuit, which alleges that the NFL willfully and intentionally interfered with approximately 60 contracts between the event organizers and NFL players committed to make appearances at the inaugural event. The plaintiff, The Fan Expo, LLC is asking for at least $1 million in damages , which includes lost ticket sales, sponsorship sales, lost profits and harm to its goodwill and business reputation, as well as exemplary damages.
The lawsuit was filed earlier today in Dallas County. It's "Summary" section begins with the following:
"This case is about the NFL's blatant and premeditated sabotage of an event designed to bring together the very people who are the backbone of the NFL -- the players and the fans. Under an assumed name, The Fan Expo created The National Fantasy Football Convention ("NFFC"), an organization formed to facilitate fan and player interaction at an unprecedented scale prior to the start of the 2015 NFL season. However, just weeks before the inaugural event, the NFL placed a series of intimidating phone calls to players, their families, their agents, and the NFL Players Association (“NFLPA”), threatening that the players would be fined and potentially suspended from the NFL if they participate in the event."
The 2015 NFFC event, which was scheduled to take place from July 10-12, was ultimately scratched. Romo and his partners want the NFL to pay for their alleged wrongful actions. According to the Complaint, a key issue surrounds phone calls placed by Brook Gardiner, Senior Labor Relations Counsel at the NFL, to representatives of the Cowboys, wherein he purportedly stated that NFL players would be fined or suspended if they attended the NFFC event. Word apparently spread to the NFLPA, which advised sports agents that they needed to keep their clients away from the event in order to protect them from the threat of fines and/or suspensions.
While an answer has yet to be filed, it may be safely assumed that the NFL will claim, as it has in the past, that its actions were justified. The NFL's position has been that hosting the planned event at a casino (it was scheduled to be held at a convention center Las Vegas, Nevada) would cause players to be subject to a fine or suspension, since there is a prohibition on players participating in promotional activities or making appearances at events held at or sponsored by casinos.
No casino activities were scheduled. Instead, notable NFL players including Romo, Odell Beckham Jr., Rob Gronkowski, Dez Bryant, DeMarco Murray, Julio Jones, Le'Veon Bell and others were confirmed to provide keynotes, panel discussions, question-and-answer sessions and autograph opportunities.
Additionally, the Complaint alleges that the NFL was originally on board with the NFFC concept. It claims that Michael Fabiano, a Senior Fantasy Analyst for NFL.com and NFL Network, received express approval from the NFL to serve as a co-host of the planned event. Furthermore, the Complaint states that Dylan Milner, Senior Producer for NFL Fantasy Live on the NFL Network, contacted the NFFC and asked that the NFL be able to participate.
In addition to the 60 contracts the NFL allegedly interfered with, Romo and his partners are also seeking relief for the NFL interfering in prospective business relationships with roughly 35 additional NFL players.
Darren Heitner is a lawyer and the Founder of South Florida-based HEITNER LEGAL, P.L.L.C., which has a focus on Sports Law and Entertainment Law.
