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[Volokh] No "Right of a Ticket-Holder to See an 'Honest' Game," Free of Astros Sign-Stealing

Discussion in 'BBS Hangout: Debate & Discussion' started by Os Trigonum, Jul 17, 2021.

  1. Os Trigonum

    Os Trigonum Member
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    https://reason.com/volokh/2021/07/1...-an-honest-game-free-of-astros-sign-stealing/

    No "Right of a Ticket-Holder to See an 'Honest' Game," Free of Astros Sign-Stealing

    EUGENE VOLOKH | 7.16.2021 7:59 PM

    Astros ticket-holders sued for "fraud by nondisclosure, violations of the Deceptive Trade Practices Act, money had and received, and unjust enrichment/assumpsit," and the trial court allowed the lawsuit to go forward. But the Texas Court of Appeals (in an opinion signed by Justices Wise, Bourliot, and Wilson) disagreed; from In re Houston Astros, LLC:

    The plaintiffs [Astros ticket-holders] claim that the Astros misrepresented how they played the game―that they played with integrity instead of cheating. In their consolidated petition, the plaintiffs expressed their disappointment and shame over the Astros' stealing opposing teams' signals.

    Claims based on how a sports team plays the game are not cognizable. Therefore, plaintiffs have not alleged legally cognizable claims on which they may recover damages. Furthermore, the plaintiffs cannot maintain their claims because they were only granted a revocable license to enter Minute Maid Park to watch the games in the seats for which they had purchased tickets and do not allege that they were denied those rights.    ​
     
    #1 Os Trigonum, Jul 17, 2021
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  2. bobrek

    bobrek Politics belong in the D & D

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    Too bad... we all could have cashed in on all the games where pitchers have been cheating for years.
     
    #2 bobrek, Jul 17, 2021
    FranchiseBlade, rocketsjudoka, Ubiquitin and 1 other person like this.
  3. King1

    King1 Member

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    Lol. What a joke
     
    #3 King1, Jul 17, 2021
  4. London'sBurning

    London'sBurning Member

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    #4 London'sBurning, Jul 17, 2021
  5. rocketsjudoka

    rocketsjudoka Member

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    This is an interesting question that touches on a few issues. Leagues like MLB represent themselves as having a fair competition compared to the WWE which bills itself as "sports entertainment" where there isn't fair competition but matches are pre-decided for entertainment purposes. Baseball is ultimately entertainment but there is no guarantee that any game will be entertaining and certainly no guarantee that the most popular team will win. The idea is that both teams have the same rules and within those rules the team that has the most skill, execution and luck wins.

    We know for a fact that this often isn't true and that not only is "cheating" of kind like sign stealing, spider tack, altering footballs, etc. rampant throughout pro-sports but the leagues themselves frequently change the rules, interpret the rules differently, or just look the other way to favor certain teams and players. While the NBA, MLB, and NFL might not be WWE I don't know if they can truly be called "fair competition."

    For a ticket holder going into it with the idea that this is all about fair competition unfortunately that is decided and determined by the league. The league determines the rules and the enforcement of the rules so what they say is "fair competition" that is "fair competition". The league also has the argument that like the WWE they are out to push the most popular players and teams because for entertainment more people want to see those teams succeed. Thus Lebron James is going to get more calls his way than PJ Tucker and a defender is more likely to get a roughing the passer call going after Aaron Rodgers than Blake Bortles.

    On top of this the major leagues have either practical monopolies or in the case of MLB actual legal monopolies. At that point it's already recognized they hold all the power to decide how they conduct their affairs it's caveat emptor from the consumer's standpoint.
     
    #5 rocketsjudoka, Jul 18, 2021
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