NFL faces few good options in St. Louis courts

September 16, 2021 – Media Mention
Sports Business Journal

Co-chair of Herrick's Sports Law GroupIrwin Kishner, spoke to Sports Business Journal about a likely trial over the Rams’ relocation to Los Angeles with potentially hundreds of millions of dollars at stake. This week, the judge presiding over the case "rejected the league's bid to kill the lawsuit, putting it on pace to head to open court in January." In addition, there is a looming deadline for the Rams' owners and Commissioner Roger Goodell to provide detailed financials to begin determining damages. 

Kishner told SBJ that he’s never seen a non-party to a contract successfully argue for damages from a breach. He explained, "I do think it’s a very difficult argument to prevail upon, but not impossible, I suppose -- that’s what the judge said." The article added that the judge noted "the various times NFL officials pointed to the guidelines in an effort to downplay the likelihood of the Rams’ moving to LA." Kishner countered that no party in a negotiation should ever assume their counterparty isn’t also talking to others and acting in their own best interests. “

Kishner stated, "If you think otherwise, I’d say you’re rather naïve."

Read the full piece in Sports Business Journal here. Access may require a subscription.