The specific venue for the initiation of the process and the legal theories to be pursued have not been finalized. It’s possible, Avenatti explained, that tort-type claims could be included, based on the alleged negligence that caused the game to not be played. Typically, tort claims unlock a broader range of available compensation than claims based on alleged breaches of contract. Depending on the level of misconduct, tort claims also raise the possibility of punitive damages.
While the Super Bowl XLV case ultimately had roughly 150 plaintiffs, Avenatti said that his latest assault on the NFL could include every fan who made the trip to the stadium in Canton, no matter how long or far they came. That could result in more than 22,000 claims.
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