STATEMENT BY THE LAW OFFICES OF FRANK J. D’AMICO, JR.
JANUARY 31, 2019
As many of you know, our office filed a lawsuit against the NFL and its commissioner, Roger Goodell to hold the league accountable for the refusal of its employees to enforce the rules and to maintain the integrity of the NFL in the wake of what has become the most blatant and consequential “no-call” in NFL history.
Today, the Federal Court, Judge Susie Morgan presiding, issued an Order stating that the Plaintiffs’ Request for the issuance of a Writ of Mandamus directed to the Defendant, Roger Goodell is Denied. The Court’s reasoning in this order examined the extent to which Louisiana Code of Civil Procedure Article 3864 authorizes a Writ of Mandamus to be directed to an unincorporated association. The court declined to extend Louisiana Civil Code Article 3864’s specific authorization to compel a corporation or limited liability company to act to include unincorporated associations, such as the NFL.
The Court has not passed judgment on Commissioner Goodell’s authority to take action pursuant to his powers under Rule 17. The plaintiffs have alleged among other things that they were deprived of the right to purchase tickets for the Super Bowl at face value to see the Saints play in that game. The Court has not ruled on this issue, therefore it is our intention to pursue those rights to the fullest extent that the law allows.
JANUARY 22, 2019
“As many of you know, our office filed a lawsuit against the NFL and its commissioner, Roger Goodell. Of course, since news of our filing went public, our office has received numerous phone calls (an overwhelming majority of which are positive and fully supporting our stance) on the issue. It appears, however; that any time the term “lawsuit” arises that the general public believes it was filed for financial reasons and compensation for damages. The petition filed by our office was not a petition for damages, but rather a petition for a Writ of Mandamus which seeks equitable relief and NOT monetary damages.
A writ of Mandamus action is filed to compel a corporation (in this case the NFL) to follow its own laws, rules, or guidelines. Our office is not seeking any kind of financial damages from this filing, rather this lawsuit is about holding the league and Roger Goodell accountable for the blatant (mis)actions of its employees and maintaining the integrity of the NFL; which has arguably become the most popular sport in our country. In short, this filing was to simply have the NFL and its commissioner enforce its own rules, specifically Rule 17 Section 2 Article 1 which provides three possible remedies to this egregious situation that occurred in the Superdome on Sunday. Our plaintiffs and the entire fan base simply want Roger Goodell and the NFL to do the right thing in this situation, and if for whatever reason he refuses, we have set the wheels in motion to compel him to do so using the legal remedies afforded to us under the law.”