Big update to the lawsuit:
Trial is being pushed back to January 2022 from October 2021. Reason: Covid-19 is causing delays.
KMOX:
St. Louis vs NFL, Rams lawsuit postponed until next year
This could be a net benefit to the STL Plaintiffs.
Prior to the announcement of the court date, the biggest news surrounding this case has been that the STL Plaintiffs have been complaining to the courts that the NFL Defendants have been dragging their heels when it comes to discovery.
NBC Sports:
St. Louis lawyers accuse NFL, Rams of delay tactics in relocation lawsuit
For example, the plaintiffs have yet to question former NFL executive Eric Grubman. A motion to compel Grubman’s testimony and to sanction the NFL and the Rams for alleged delay tactics was presented to the court on Thursday.
“Since the case was filed, it has taken repeated motions and the Court’s Orders to compel Defendants to answer simple interrogatories and produce responsive documents,” the plaintiffs’ paperwork explains, via Fredrickson. “Even after the Court’s Orders, Defendants have repeatedly asserted frivolous challenges or simply refused to respond. Mr. Grubman’s unilateral refusal to appear for his deposition without explanation is only the latest in Defendants’ multi-year string of discovery abuses.”
Via the article in the Post-Dispatch, Rams owner Stan Kroenke and Chargers owner Dean Spanos have canceled their own depositions; one of the lawyers representing the NFL said that both had to reschedule due to COVID-19. (It’s unclear whether it was contended that either or both men contracted COVID-19.)
Thursday’s hearing also included more efforts by the NFL and the Rams to focus on the terms of the original lease that brought the Rams to St. Louis in 1995. That lease apparently isn’t part of the current litigation, which focuses on whether the league and the Rams adhered to the relocation guidelines, and whether St. Louis wasted time and money on an effort to keep the Rams in town.
Bottom line? The litigation isn’t going away. But it doesn’t seem to be on track for a trial date or any other resolution any time soon.
Well, NBC Sports, we definitely have that date firmed up now, just the rest of discovery to finish up.
Last night, I heard a great interview on KMOX that I highly recommend to anyone interested in this case:
KMOX:
New decision in $1 billion St. Louis vs NFL lawsuit will benefit St. Louis, legal analyst says
The full interview can be found in this article (note: 39 minutes long).
This interview was with Brad Young, an attorney and partner with Harris Dowell Fisher & Young, L.C.
His quick thoughts:
1. Just about everything has gone in favor of the STL Plaintiffs so far. This includes the case going to trial and not into arbitration; that the case is being held in the City of Saint Louis' 22nd Judicial District; that the rest of the NFL owners have been enjoined into the suit; and that the US Supreme Court has denied certiorari to hear the case.
2. This time delay allows the STL Plaintiffs to apply further pressure upon the League to produce discovery. This includes documents related to the case as well as opportunities for depositions. Counselor Young brought up that cell phone records are sought from all the League's owners and that they are reticent to provide this information. Among those dragging their feet: Bob Kraft (Remember his full-hands massage problem in Florida? Yeah, you bet he wants his cell phone data to remain fully confidential). So, with these extra 3 months, the STL Plaintiffs can continue to lobby the courts to get the NFL Defendants to produce documents and sit for depositions. The less production, the less happy the courts will be with the NFL Defendants' conduct.
3. The Deposition of Stank Kroenke took place in January via Zoom call. Young said it lasted two full 8-hour days of non-stop questioning. He also told KMOX that the longest deposition he had ever been a part of professionally lasted only one day. Apparently, the STL Plaintiffs' attorneys asked Kroenke everything they could ever think of that relates to this case.
4. Young brought up how Kroenke repeatedly stated, publicly, that he/the Rams/the NFL would do everything within their powers to keep the team in STL prior to their relocation. He said this includes statements to this effect made after Kroenke had already purchased the land in Inglewood where their new stadium now sits. Young told KMOX that this alone can likely prove fraud.
5. Young also brought up an interesting idea I hadn't heard before... If there are or have been other allegations of fraud against Kroenke/the Rams/Kroenke Sports Enterprises and/or any of his professional sports franchises (i.e. Arsenal, the Nuggets, the Avalanche, etc.), then this can further the STL Plaintiffs' arguments that the Defendants commit fraud, that there could be a demonstrable pattern of behavior here. I'm not sure if they have anything furthering this, but it's a hell of a thing to consider going forward. Keep your eyes open, I suppose...
6. This delay also means 3 more months of costs to the NFL Defendants, many of whom are already forking out eight figures in attorneys' fees. They want this thing to go away. Does this mean an increased likelihood of settlement? Maybe, but the STL Plaintiffs' attorneys have already stated that they want their day in court more than they want a settlement. And, their fees are not hourly but upon contingency. The STL Plaintiffs have considerable leverage.
7. If this goes to a full trial and judgment, then all the depositions and related discovery evidence shall become public record. Kraft will have kittens.
8. Fair to say Kroenke is hated by the other owners.
9. The NFL's biggest fears are centered upon brand damage. They have the money and can dump a billion or more if need be, but the costs to their image, to their relationships to their consumers, could really be banged up.
10. Punitive damages are very much in play. Sky's the limit, y'all.
Counselor Young sounded very upbeat to the STL Plaintiffs' chances here. Sparks are gonna fly.
Edit: One final thing to keep in mind... The NFL itself is a quasi-monopoly. The 1957 US Supreme Court case of Radovich v National Football League determined that the League is subject to US antitrust laws. The League's Relocation Rules were consciously and specifically written to comply with Federal antitrust concerns. Should the League continue to argue that their relocation rules are worthless, as they have been since the week before the relocation vote, then they could be signing their own death warrants.
