POLLOCK et al v. NATIONAL FOOTBALL LEAGUE et al

Filing 1

COMPLAINT against DALLAS COWBOYS FOOTBALL CLUB, LTD., NATIONAL FOOTBALL LEAGUE (Filing fee $350, receipt number 03125-2245641), filed by RICHARD POLLOCK, CHERYL POLLOCK, CYNTHIA P. KUTCHER, PAUL L. KUTCHER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons National Football League, # 3 Summons Dallas Cowboys Football Club) (jsp)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA

RICHARD POLLOCK, an adult individual,
CHERYL POLLOCK, an adult individual,
PAUL L. KUTCHER, an adult individual,
and CYNTHIA P. KUTCHER, an adult
individual,

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Plaintiffs,
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-vs.}
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NATIONAL FOOTBALL LEAGUE and
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DALLAS COWBOYS FOOTBALL CLUB,
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LTD.,
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Defendants.
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__________________________________________}

COMPLAINT - DIVERSITY

Civil Action No.:___________

Docket No._______________

JURY TRIAL DEMANDED

NOW COME, Plaintiffs, RICHARD POLLOCK, CHERYL POLLOCK, PAUL
L. KUTCHER and CYNTHIA P. KUTCHER (collectively, “Plaintiffs”) and commence
this lawsuit against Defendants, NATIONAL FOOTBALL LEAGUE and DALLAS
COWBOYS FOOTBALL CLUB, LTD. (collectively, “Defendants”) to recover damages
owed by the Defendants to the Plaintiffs, stating as follows:
I. JURISDICTION
1.

This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. § 1332(a)(1), since the parties are citizens of different states and the amount in
controversy for each Plaintiff exceeds $75,000.00, exclusive of costs, interest and
reasonable attorney’s fees.

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II. VENUE
2.

Venue of this action is properly within this District pursuant to 28 U.S.C.

§ 1391(a)(1) because Defendants NATIONAL FOOTBALL LEAGUE and DALLAS
COWBOYS FOOTBALL CLUB, LTD. are each deemed to be a citizen of this District
pursuant to 28 U.S.C. § 1391(c), since each has sufficient minimum contacts to subject
them to personal jurisdiction in the Commonwealth of Pennsylvania. Venue is also
properly within this District pursuant to 28 U.S.C. § 1391(a)(2) since a substantial portion
of the events or omissions upon which Plaintiffs claims are predicated occurred within
this District.
III. PARTIES
3.

Plaintiff RICHARD POLLOCK is an adult individual who has been a

resident of Beaver County, Pennsylvania at all times relevant hereto and is a holder of a
ticket to Super Bowl XLV.
4.

Plaintiff CHERYL POLLOCK is an adult individual who has been a

resident of Allegheny County, Pennsylvania at all times relevant hereto and is a holder of
a ticket to Super Bowl XLV.
5.

Plaintiff PAUL L. KUTCHER is an adult individual who has been a

resident of Hillsborough County, Florida at all times relevant hereto and is a holder of a
ticket to Super Bowl XLV.
6.

Plaintiff CYNTHIA P. KUTCHER is an adult individual who has been a

resident of Hillsborough County, Florida at all times relevant hereto and is a holder of a
ticket to Super Bowl XLV.

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7.

Defendant

NATIONAL

FOOTBALL

LEAGUE

(“NFL”)

is

an

unincorporated association which consists of thirty-two (32) separately owned and
independently operated professional football teams that include the following business
entities: Arizona Cardinals, Inc., Atlanta Falcons Football Club, LLC, Baltimore Ravens
Limited Partnership, Buffalo Bills, Inc., Panthers Football LLC, Chicago Bears Football
Club, Inc., Cincinnati Bengals, Inc., Cleveland Browns, LLC, Dallas Cowboys Football
Club, Ltd., Denver Broncos Football Club, Detroit Lions, Inc., Green Bay Packers, Inc.,
Houston NFL Holdings, LP, Indianapolis Colts, Inc., Jacksonville Jaguars, Ltd., Kansas
City Chiefs Football Club, Inc., Miami Dolphins, Ltd., Minnesota Vikings Football Club
LLC, New England Patriots, LP, New Orleans Louisiana Saint LLC, New York Football
Giants, Inc., New York Jets Football Club, Inc., Oakland Raiders LP, Philadelphia Eagles
Football Club, Inc., Pittsburgh Steelers Sports, Inc., San Diego Chargers Football Co.,
San Francisco Forty Niners Ltd., Football Northwest LLC, The Rams Football Company
LLC, Buccaneers Limited Partnership, Tennessee Football, Inc,

and Washington

Football, Inc. NFL maintains its principal place of business at 280 Park Avenue, 15th
Floor, New York, New York, is engaged in the business of operating a major professional
football league in the United States of America, and regularly engages in conducting said
business in this District.
8.

Defendant DALLAS COWBOYS FOOTBALL CLUB, LTD. (“DALLAS

COWBOYS”) is a limited partnership organized under the laws of the State of Texas
which maintains its principal place of business at One Cowboys Parkway, Irving, Texas.
DALLAS COWBOYS is engaged in the business of operating a professional football

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team in the NFL and regularly engages in conducting business in the Commonwealth of
Pennsylvania.
IV. FACTS
A. Issuance of Tickets to Super Bowl XLV
9.

On or about May 22, 2007, the owners of the thirty-two (32) separately

owned and independently operated professional football teams of the NFL voted to have
Super Bowl1 XLV played at a new stadium being constructed in Arlington, Texas on
February 6, 2011.
10.

Defendant NFL controlled the initial distribution of all tickets issued for

Super Bowl XLV.
11.

On information and belief, Defendant NFL initially distributed

approximately seventy-five percent (75%) of all tickets for Super Bowl XLV in
approximately the following manner:
a.
b.
c.
d.
e.
f.
g.
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17.5% to Pittsburgh Steelers Sports, Inc.;
17.5% to Green Bay Packers, Inc.;
5% to Defendant DALLAS COWBOYS FOOTBALL CLUB,
LTD.;
1.2% to Arizona Cardinals, Inc.;
1.2% to Atlanta Falcons Football Club, LLC;
1.2% to Baltimore Ravens Limited Partnership;
1.2% to Buffalo Bills, Inc.;
1.2% to Panthers Football LLC;
1.2% to Chicago Bears Football Club, Inc.;
1.2% to Cincinnati Bengals, Inc.,\;
1.2% to Cleveland Browns, LLC;
1.2% to Denver Broncos Football Club;
1.2% to Detroit Lions, Inc.;
1.2% to Houston NFL Holdings, LP;
1.2% to Indianapolis Colts, Inc.;

1

The Super Bowl is the NFL championship game between the winners of the American Football
Conference (“AFC”) and National Football Conference (“NFC”) championship games. The term “Super
Bowl” was registered as a trademark by the NFL with the United States Patent and Trademark Office on
May 24, 2005, September 5, 2006, and November 27, 2007.

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12.

1.2% to Jacksonville Jaguars, Ltd.;
1.2% to Kansas City Chiefs Football Club, Inc.;
1.2% to Miami Dolphins, Ltd.;
1.2% to Minnesota Vikings Football Club LLC;
1.2% to New England Patriots, LP;
1.2% to New Orleans Louisiana Saint LLC;
1.2% to New York Football Giants, Inc.;
1.2% to New York Jets Football Club, Inc.;
1.2% to Oakland Raiders LP;
1.2% to Philadelphia Eagles Football Club, Inc.;
1.2% to San Diego Chargers Football Co.;
1.2% to San Francisco Forty Niners Ltd.;
1.2% to Football Northwest LLC;
1.2% to The Rams Football Company LLC;
1.2% to Buccaneers Limited Partnership;
1.2% to Tennessee Football, Inc.; and
1.2% to Washington Football, Inc.

At the time Defendant NFL distributed tickets to Super Bowl XLV to the

aforementioned business entities referenced in subsections (a) through (ff) of Paragraph
No. 11 above, Defendant NFL knew or should have known the Section, Row and Seat
numbers of each ticket that was allocated to each aforesaid business entity.
13.

At the time Defendant NFL distributed the aforementioned tickets to

Super Bowl XLV to the various business entities referenced in subsections (a) through
(ff) of Paragraph No. 11 above, Defendant NFL forwarded the specific tickets to said
business entities with the intention that said tickets be distributed by said business entities
in whatever manner those respective business entities deemed appropriate.
14.

At all times relevant hereto, Plaintiff RICHARD POLLOCK has been an

owner of a Personal Seat License (“PSL”) issued by Pittsburgh Steelers Sports, Inc. and a
season ticket holder of four (4) tickets for specific seats at Heinz Field for the 2010 NFL
season.

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15.

At all times relevant hereto, Plaintiff CYNTHIA P. KUTCHER has been

an owner of a Personal Seat License (“PSL”) issued by Pittsburgh Steelers Sports, Inc.
and a season ticket holder to two (2) tickets for specific seats at Heinz Field for the 2010
NFL season.
16.

At all times relevant hereto, Raymond J. Wojciak, the father of Plaintiff

CYNTHIA P. KUTCHER, has been an owner of a Personal Seat License (“PSL”) issued
by Pittsburgh Steelers Sports, Inc. and a season ticket holder to two (2) tickets for
specific seats at Heinz Field for the 2010 NFL season.
17.

In early January of 2011, Plaintiff CYNTHIA P. KUTCHER submitted

two (2) separate applications to Pittsburgh Steelers Sports, Inc., each accompanied by a
payment in the amount of Sixteen Hundred Dollars ($1,600.00), for two (2) tickets for
seats in Cowboys Stadium for Super Bowl XLV as part of a lottery conducted by
Pittsburgh Steelers Sports, Inc. for its season ticket holders.
18.

One of the aforesaid applications forwarded to Pittsburgh Steelers Sports,

Inc. was based on the season tickets held in the name of Plaintiff CYNTHIA P.
KUTCHER and the other application was based on season tickets in the name of
Raymond Wojciak, who had given permission to Plaintiff CYNTHIA P. KUTCHER to
submit said application with the understanding that if any tickets for seats in Cowboys
Stadium for Super Bowl XLV were awarded for the season tickets in the name of
Raymond Wojciak, that those tickets would be used by Plaintiff CYNTHIA P.
KUTCHER and Plaintiff PAUL L. KUTCHER.
19.

In early January of 2011, Plaintiff RICHARD POLLOCK submitted one

(1) application to Pittsburgh Steelers Sports, Inc., accompanied by a payment in the

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amount of Sixteen Hundred Dollars ($1,600.00), for two (2) tickets for seats in Cowboys
Stadium for Super Bowl XLV as part of a lottery conducted by Pittsburgh Steelers
Sports, Inc. for its season ticket holders.
20.

On or about January 9, 2011, Plaintiff CYNTHIA P. KUTCHER booked

flights for Plaintiff PAUL L. KUTCHER and her scheduled to depart from the Tampa
International Airport on February 4, 2011 at 8:10 a.m. and landing at Dallas Love Field
Airport at 10:00 a.m., and returning on a flight scheduled to depart from Dallas Love
Field Airport on February 7, 2011 at 5:45 p.m. and to arrive at Tampa International
Airport at 9:50 p.m.
21.

On or about January 20, 2011, Pittsburgh Steelers Sports, Inc. notified

Plaintiff CYNTHIA P. KUTCHER via e-mail that the application submitted in the name
of her father, Raymond J. Wojciak, had been selected to receive two (2) tickets for seats
in Cowboys Stadium for Super Bowl XLV.
22.

On or about January 20, 2011, Pittsburgh Steelers Sports, Inc. notified

Plaintiff RICHARD POLLOCK via e-mail that the application submitted in his name had
been selected to receive two (2) tickets for seats in Cowboys Stadium for Super Bowl
XLV.
23.

On or about January 21, 2011, Defendant NFL forwarded to Pittsburgh

Steelers Sports, Inc. the tickets allotted to Pittsburgh Steelers Sports, Inc. for Super Bowl
XLV in the event that the Pittsburgh Steelers won the AFC Championship game to be
played on January 23, 2011.
24.

On or about January 21, 2011, Defendant NFL forwarded to Green Bay

Packers, Inc. the tickets allotted to Green Bay Packers, Inc. for Super Bowl XLV in the

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event that the Green Bay Packers won the NFC Championship game to be played on
January 23, 2011.
25.

Included in the aforementioned tickets allotted to Pittsburgh Steelers

Sports, Inc. and Green Bay Packers, Inc. for Super Bowl XLV were tickets designating
non-existent seats in Cowboys Stadium which Defendant NFL knew or should have
known were not constructed at the time said tickets were issued and that there were
significant issues raised by the City of Arlington questioning whether construction on
said non-existent seats would be completed and approved for occupancy by February 6,
2011.
26.

On or about January 26, 2011, Plaintiff CYNTHIA P. KUTCHER

received two (2) tickets for seats in Cowboys Stadium for Super Bowl XLV located in
Section 430A, Row 32, Seat 1 and Section 430A, Row 32, Seat 2.
27.

On or about January 26, 2011, Plaintiff RICHARD POLLOCK received

two (2) tickets for seats in Cowboys Stadium for Super Bowl XLV located in Section
430A, Row 25, Seat 15 and Section 430A, Row 25, Seat 16.
28.

Each of the aforementioned tickets state, in pertinent part, “This ticket

grants entry in the stadium and a spectator seat for the game”. (Emphasis added.)
B. Construction of Temporary Seating in Cowboys Stadium for Super Bowl XLV
29.

The normal seating capacity of Cowboys Stadium in Arlington, Texas, at

the time it was opened in 2009, is 80,000.
30.

At all times relevant hereto, Defendant NFL and Defendant DALLAS

COWBOYS desired to construct temporary seating to increase the seating capacity of
Cowboys Stadium to over 100,000 for Super Bowl XLV in an effort to break the Super

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Bowl attendance record and knew or should have known of the need to file a Building
Permit Application with the City of Arlington in order to commence construction of the
aforesaid temporary seating.
31.

Defendant NFL and Defendant DALLAS COWBOYS were responsible

at all times relevant hereto for complying with the requirements of the City of Arlington
in connection with the installation of the aforesaid temporary seating.
32.

At all times relevant hereto, Cowboys Stadium, L.P. acted as an agent of

Defendant NFL and Defendant DALLAS COWBOYS in conjunction with the
construction of temporary seating in Cowboys Stadium for Super Bowl XLV.
33.

Defendant NFL and Defendant DALLAS COWBOYS and their respective

agents failed to submit any building permit application or plans pertaining to the
aforesaid temporary seating until January 5, 2011.
34.

On or about January 10, 2011, Jack Hill, as General Manager of Cowboys

Stadium, L.P., advised the County of Arlington that construction relating to the
installation of temporary seating in Cowboys Stadium for Super Bowl XLV had started
with the understanding that “we cannot occupy until everything has been signed off”.
35.

On or about January 13, 2011, Jack Hill, as General Manager of Cowboys

Stadium, L.P. addressed a letter to Ed Dryden, of the City of Arlington Building
Inspection Division, requesting the issuance of “a permit for the construction of
temporary seating and bleachers before the complete construction documents” pursuant
to Section 106.3.3 of the 2003 Edition of the International Building Code with the
understanding “that, if approved, we proceed at our own risk with the building
construction and without assurance that a permit for the entire structure will be granted”.

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Mr. Hill’s letter further stated, “If construction of the above items advances prior to any
sequential required approvals then the work must stop until such approvals may be
acquired”.
36.

On or about January 13, 2011, the City of Arlington issued a Commercial

Building Permit to Cowboys Stadium, L.P., as agent for Defendant NFL and Defendant
DALLAS COWBOYS, which authorized the construction of temporary seating in
Cowboys Stadium.
37.

Pursuant to the terms of the aforesaid Commercial Building Permit, the

temporary seating was based on “phased approval” and the Permit relating to temporary
seating was “conditionally issued” per Section 106.3.3 of the 2003 International Building
Code, pursuant to which the holder of such a building permit proceeds “at the holder’s
own risk with the building operation and without assurance that a permit for the entire
structure shall be granted”.
38.

On or about January 20, 2011, Ed Dryden, the City of Arlington Building

Division, advised Cowboys Stadium, L.P. in relation to the temporary seating being
installed at Cowboys Stadium for Super Bowl XLV that, “the day of the event is 16 days
away and some of these issues are significant and from our perspective there’s not a great
deal of progress that we can see” and “I want to make sure that there’s a clear
understanding of the City’s expectations – that all of these items be corrected prior to the
day of the event”.
39.

On or about January 21, 2011, Defendant NFL and Defendant DALLAS

COWBOYS received information that City of Arlington Chief Building Inspector Ed
Dryden had several concerns with significant defects with the building permit plans that

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had been submitted in connection with the installation of the aforementioned temporary
seating.
40.

On or about January 27, 2011, Defendant NFL and Defendant DALLAS

COWBOYS received information that City of Arlington Fire Chief Don Crowson had
raised concerns that no written evidence had been submitted in connection with the
aforementioned building permit application confirming the plans submitted for the
installation of the aforementioned temporary seating had been signed off on by an
engineer and demanded the same to be provided within two days thereafter.
41.

Also, on January 27, 2011, Defendant NFL, in spite of their knowledge of

the aforementioned communications between the City of Arlington Building Inspections
Division and Defendant NFL or said Defendant’s aforesaid agents as well as those
between the City of Arlington Fire Department and Defendant NFL or said Defendant’s
aforesaid agents and their knowledge that the seats designated on the tickets issued to the
Plaintiffs did not and never have existed in Cowboys Stadium, issued a communication to
the local media through Bill McConnell, Director of Event Operations for Defendant
NFL, with the intent that it be published in a manner by which it would be disseminated
to all holders of tickets to Super Bowl XLV, including the Plaintiffs herein, stating
temporary seating for Super Bowl XLV would be completed by the early portion of the
following week.
42.

On or about January 29, 2011, at a meeting attended by representatives of

the City of Arlington Fire Department and the County of Arlington, agents of the
Defendant DALLAS COWBOYS and Defendant NFL were informed of several
problems in connection with the installation of temporary seating that required immediate

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attention, including but not limited to alignment and anchoring of temporary seating
frames, and agents of Defendant DALLAS COWBOYS and Defendant NFL represented
that all structural elements relating to the temporary seating would be completed by no
later than by the afternoon of Monday, January 31, 2011.
43.

On or about February 3, 2011, City of Arlington Deputy City Manager

Trey Yelverton warned Defendant NFL that it needed to immediately bring in additional
resources to complete construction of the aforementioned temporary seating if the same
was to be completed and approved for occupancy prior to February 6, 2011.
44.

On or about February 4, 2011, City of Arlington Fire Chief Don Crowson

advised Defendant DALLAS COWBOYS unsafe conditions in the temporary seating
area would obligate additional firefighters to be assigned to said area at an additional cost
of Eighty-Three Hundred Dollars ($8,300.00), and Defendant NFL learned the same
contemporaneous with the aforesaid communication.
45.

On or about Saturday, February 5, 2011, at approximately 4:47 a.m.,

Stephen Lea, of the City of Arlington Fire Department forwarded an e-mail to City of
Arlington Fire Chief Don Crowson stating, in pertinent part, “No one from Seating
Solutions work at all tonight. PD2 was standing by but the seat people never showed.”
46.

On or about Sunday, February 6, 2011, Game Day for Super Bowl XLV,

at approximately 7:14 a.m., City of Arlington Building Official Ed Dryden forwarded an
e-mail to City of Arlington Building Inspections Division Director Jim Parajon stating,
“Look’s [sic] like we may be here until noon. There’s still no absolute finality on the seat
count. I think the cowboys are not going to correct certain items and assume the risk.
This is not a good situation!” (Emphasis added).
2

PD is a reference to the City of Arlington Police Department.

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47.

On or about February 6, 2011, Game Day for Super Bowl XLV, at

approximately 12:10 p.m., City of Arlington Building Official Ed Dryden forwarded an
e-mail to City of Arlington Building Inspections Division Director Jim Parajon stating,
“Seating contractor just gave notice that his crew cannot complete the upper concourse
west end – 2400 seats”.
C. Lack of Notice to Plaintiffs of No Seat Corresponding with Ticket to Super Bowl
XLV
48.

In spite of the aforesaid warnings and admonitions of the City of Arlington

Chief Building Inspector, Fire Chief and Deputy City Manager and the express
conditions upon which a building permit was issued for the construction of temporary
seats in Cowboys Stadium for Super Bowl XLV, Defendant NFL and Defendant
DALLAS COWBOYS failed to bring in sufficient resources to complete installation of
the aforesaid temporary seating in time so an occupancy permit could be issued for a
substantial number of temporary seats for which Defendant NFL had issued tickets to
Pittsburgh Steelers Sports, Inc. and Green Bay Packers, Inc.
49.

At no time prior to February 6, 2011 did Defendant NFL or Defendant

DALLAS COWBOYS advise Plaintiffs or any holders of tickets for the temporary seats
on which installation had not been completed, and for which no occupancy permit had
been issued by the City of Arlington, that said seats would not be available to said
holders of tickets on February 6, 2011.
50.

On January 23, 2011, subsequent to the completion of the AFC

Championship game won by the Pittsburgh Steelers earlier that day, Plaintiff PAUL L.
KUTCHER reserved a hotel room for the time period between February 4, 20011 and

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February 7, 2011 at a substantially inflated per day room rate with no ability to cancel the
same without remaining responsible for the full payment of all nights.
51.

Contemporaneous to making the aforesaid hotel reservation, Plaintiff

PAUL L. KUTCHER reserved an automobile from Budget to be picked up at Dallas
Love Field Airport on February 4, 2011 at 11:30 a.m. and returned on February 7, 2011 at
3:00 p.m.
52.

The aforementioned expenses incurred by Plaintiff PAUL L. KUTCHER

and Plaintiff CYNTHIA P. KUTCHER upon reliance that the tickets disbursed by
Defendant NFL to Pittsburgh Steelers Sports, Inc. for ultimate distribution would be to
seats that actually existed in Cowboys Stadium.
53.

On January 25, 2011, Plaintiff CHERYL POLLOCK purchased a Super

Bowl XLV Tour for Plaintiff RICHARD POLLOCK and herself to attend Super Bowl
XLV in Arlington, Texas, departing from Pittsburgh on Friday, February 4, 2011 and
returning on Monday, February 7, 2011.
54.

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER travelled to

Dallas on February 4, 2011 on the aforementioned flights booked by Plaintiff CYNTHIA
P. KUTCHER, picked up the automobile from Budget, and checked-in at the Sleep Inn at
Six Flags.
55.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK travelled to

Dallas on February 4, 2011 and checked-in at the Doubletree Dallas/Richardson Hotel in
accordance with the itinerary specified for the aforementioned Super Bowl XLV Tour
purchased by Plaintiff CHERYL POLLOCK.

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56.

At all times between February 4, 2011 and February 7, 2011, Plaintiffs

PAUL L. KUTCHER and CYNTHIA P. KUTCHER were checked-in at the Sleep Inn at
Six Flags and continued to lease the aforesaid automobile from Budget.
57.

At all times between February 4, 2011 and February 7, 2011, Plaintiffs

RICHARD POLLOCK and CHERYL POLLOCK were checked-in at the Doubletree
Dallas/Richardson Hotel.
58.

At no time up during the days leading up to February 6, 2011, were any of

the Plaintiffs informed, by media communications or otherwise, that the seats identified
on said Plaintiffs’ respective tickets for Super Bowl XLV were for seats that were not
available nor accessible to said Plaintiffs for the purpose of viewing Super Bowl XLV
inside of Cowboys Stadium.
D. GAME DAY – PLAINTIFFS RICHARD POLLOCK AND CHERYL POLLOCK
59.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK arrived at the

gates outside of Cowboys Stadium at approximately 12:00 p.m. Central Standard Time
and remained in line until after said gates were opened at approximately 1:15 p.m.
Central Standard Time. Said Plaintiffs waited in line for over two (2) hours before
clearing security and approaching the ticket scanning units.
60.

When they presented their tickets to be scanned prior to being granted

access to the grounds of Cowboys Stadium, Plaintiffs RICHARD POLLOCK and
CHERYL POLLOCK were told by a representative of Security, Athletic Facilities &
Events Management (hereinafter referred to as “S.A.F.E.”)3 that their tickets did not scan,
and they were instructed to go to the “Ticket Re-assignment Tent”, which they were told

3

Security, Athletic Facilities & Events Management (“S.A.F.E.”) was retained to represent Defendant NFL
for security, crowd management and guest services at Super Bowl XLV.

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was located somewhere on the other side of Cowboys Stadium without any further
instruction. Said Plaintiffs were escorted out of the area where their tickets did not scan.
61.

At this point, said Plaintiffs became concerned and suffered extreme

anxiety and emotional distress over the prospect of being denied access to Cowboys
Stadium in spite of having purchased their tickets from Pittsburgh Steelers Sports, Inc.,
and they began to walk from the entrance area near the South/West entrance of Cowboys
Stadium to the North/East side of the fenced off grounds of Cowboys Stadium, still
unsure of where the “Ticket Re-assignment Tent” was located.
62.

During their walk from the entrance area near the South/West entrance of

Cowboys Stadium, Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK stopped
several times to ask people where the “Ticket Re-assignment Tent” was located, and they
eventually learned that the “Ticket Re-assignment Tent” referred to by the S.A.F.E.
representative who scanned their tickets was located in a parking lot near the Rangers
Ballpark in Arlington. By the time said Plaintiffs arrived at the “Ticket Re-assignment
Tent”, they had walked an estimated distance of over two (2) miles.
63.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK were told at

the “Ticket Re-assignment Tent”, which they eventually found situated in Lot A of
Rangers Ballpark in Arlington, that the seats designated on their tickets “were not safe”,
and they were informed that Defendant NFL was “working on the problem”.
64.

Upon inquiring as to whether they were ultimately going to gain access

into Cowboys Stadium to watch Super Bowl XLV, Plaintiffs RICHARD POLLOCK and
CHERYL POLLOCK were told there was no guarantee that they would be admitted into

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Cowboys Stadium and said Plaintiffs level of extreme anxiety and emotional distress
increased significantly as a result of being so informed.
65.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK were then

instructed to go to the “Party Plaza” adjacent to Cowboys Stadium while a decision was
being made on how to resolve the ticket issue. They were told that at this location they
would be offered complimentary food and beverages by Defendant NFL and to relax and
wait at the “Party Plaza” for the problem to be resolved.
66.

Thereafter, Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK

walked back to the gated area surrounding the security perimeter of Cowboys Stadium,
where, together with the other similarly situated ticket holders to Super Bowl XLV, they
were allowed access into a gated area located adjacent to an area between the security
entrance to the grounds of Cowboys Stadium and a gated area that was being staged for
what appeared to be a private party near the Miller Lite Plaza area.
67.

Once Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK gained

entry into the “Party Plaza”, they attempted to obtain something to drink compliments of
Defendant NFL, but they were informed the concessions vendor at the “Party Plaza” had
no knowledge of this arrangement. Said Plaintiffs were told at that time that they could
purchase food and beverage inside the “Party Plaza” if they wished to do so.
68.

While inside of the “Party Plaza”, Plaintiffs RICHARD POLLOCK and

CHERYL POLLOCK observed several similarly situated displaced ticket holders to
Super Bowl XLV move close to a gate, which allowed access the area between a security
area where Super Bowl XLV tickets were being scanned and Cowboys Stadium. At this
point, an individual, who on information and belief was a representative of Defendant

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NFL, appeared and advised Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK,
along with the other similarly situated ticket holders to Super Bowl XLV who were then
present, that Defendant NFL was aware of the issue of valid tickets to Super Bowl XLV
not scanning, and the aforesaid gate was opened by a S.A.F.E. representative.
69.

Before Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK were

able to pass through the aforesaid opened gate, they observed some similarly situated
displaced ticket holders to Super Bowl XLV pass through the opened gate, when a
second individual who on information and belief was a representative of Defendant NFL
appeared, stating that gate should not have been opened and demanded that gate be
closed immediately, which it was by S.A.F.E. personnel.
70.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK remained

inside of the “Party Plaza” until approximately 4:00 p.m., at which time the
aforementioned gate was re-opened, at which time said Plaintiffs were allowed into
Cowboys Stadium.
71.

After entering Cowboys Stadium, Plaintiffs RICHARD POLLOCK and

CHERYL POLLOCK went to the area where access to Section 430A was located, but
upon their arrival they observed “yellow police crime tape” across the walkway area
underneath metal bleachers that was designated as a pathway by which ticket holders to
seats located in Section 430A were to gain access to those seats. Said Plaintiffs were
denied access to the seats designated on their tickets to be located in Section 430A by an
S.A.F.E. representative who told them that “the Fire Marshal has deemed those seats
unsafe” and “no one will be permitted to sit in those seats”.

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72.

After Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK walked

from the fourth level of Cowboys Stadium to a Guest Relations office, they were told by
a Guest Relations office representative that they needed to go to the “Ticket Reassignment” area.
73.

After objecting to leaving the premises of Cowboys Stadium, Plaintiffs

RICHARD POLLOCK and CHERYL POLLOCK were escorted outside to the Cowboys
Stadium Ticket Office, where a long line of similarly situated displaced ticket holders to
Super Bowl XLV had formed.
74.

Upon reaching the front of the line, Plaintiffs RICHARD POLLOCK and

CHERYL POLLOCK were told that there are no seats for their tickets and they were
permitted to stand anywhere inside of Cowboys Stadium that they could find a spot. In
response, Plaintiff RICHARD POLLOCK requested to speak with a representative of
Defendant NFL, but he was told that none were available.
75.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK then re-

entered Cowboys Stadium and returned to the 400 level near where Section 430A was
located, and after asking several other S.A.F.E. representatives located in said area as to
where they were permitted to stand and watch Super Bowl XLV, said Plaintiffs were
informed that an area elsewhere in Cowboys Stadium had been designated for them.
76.

Thereafter, Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK

were ushered to a freight elevator inside of Cowboys Stadium and taken to the “Miller
Lite Hospitality Room” located on the ground level of Cowboys Stadium.
77.

Inside the Miller Lite Hospitality area were numerous similarly displaced

fans of both the Green Bay Packers and Pittsburgh Steelers and there was inadequate

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seating to allow said fans to watch the game on the monitors situated inside the Miller
Lite Hospitality area.
78.

Outside of the Miller Lite Hospitality area was an area which was recessed

from field level behind the Pittsburgh Steeler bench area, similar to that of a baseball
“dugout”; this area had no seats and a substantial number of the aforesaid similarly
situated displaced fans, including Plaintiffs RICHARD POLLOCK and CHERYL
POLLOCK, were relegated to standing side by side in this area the entire length of the
Super Bowl game, halftime presentation and post-game presentation.
79.

The number of people allowed to accumulate in the aforesaid area outside

the Miller Lite Hospitality was not monitored by any personnel of either Defendant NFL
or Defendant DALLAS COWBOYS, nor any of their respective agents, and on
information and belief the number of displaced fans who did accumulate and view the
game from this area far exceeded the number of people who would be permitted to safely
view the Super Bowl game, halftime presentation and post-game presentation in
accordance with the relevant safety and fire codes of the City of Arlington, Texas.
80.

The viewpoint of the displaced fans, who attempted to view the field of

Cowboys Stadium from the aforesaid area outside of the Miller Lite Hospitality area,
including Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK, was obstructed by
the following: 1.) a motorized vehicle on which two FOX television network cameras
were situated that continually moved in front of the area outside the Miller Lite
Hospitality area; 2.) S.A.F.E. personnel lined up and facing the crowd with their backs to
the field, apparently for security purposes; 3.) several equipment lockers stacked up
behind, near and adjacent to the Pittsburgh Steeler bench area; 4.) the Pittsburgh Steeler

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bench; 5.) the Pittsburgh Steeler players, coaches, trainers and other personnel; 5.) several
other individuals, including photographers lined up along the area adjacent to the
sidelines extending the entire length of the field; and 6.) other similarly situated displaced
fans who were standing in front of each other.
81.

As a result of the aforementioned obstructions inhibiting view of the

playing field, a substantial number of the similarly situated displaced fans who stood in
the area outside of the Miller Lite Hospitality area, including Plaintiffs RICHARD
POLLOCK and CHERYL POLLOCK, could only partially see action on the field by
looking through legs of players and others lined up and down the sidelines to the extent
their view was not obstructed by any other obstruction referenced in the preceding
paragraph, and they were compelled to view the Super Bowl game by looking at a large
monitor situated well above the playing field of Cowboys Stadium.
82.

Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK were

unsatisfied with this arrangement, and they inquired from an S.A.F.E. representative as to
how to get back up to the 400 level of Cowboys Stadium who directed said Plaintiffs to
an elevator that they rode from the Ground Level of Cowboys Stadium to the Club Level
of Cowboys Stadium.
83.

After Plaintiffs RICHARD POLLOCK and CHERYL POLLOCK gained

access to the Club Level of Cowboys Stadium, they asked an attendant where they were
permitted to stand to watch Super Bowl XLV. Said Plaintiffs were ultimately provided
with folding chairs to sit in on a ledge adjacent to a FOX Network booth near the end of
the 1st quarter of Super Bowl XLV.

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E. GAME DAY – PLAINTIFFS PAUL L. KUTCHER AND CYNTHIA P. KUTCHER
84.

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER arrived at

gates outside of Cowboys Stadium adjacent to the Miller Lite Plaza at approximately
12:30 p.m. Central Standard Time and remained in line until after said gates were opened
at approximately 1:15 p.m. Central Standard Time.
85.

Upon arriving at the area where their tickets were to be scanned prior to

being granted access to the grounds of Cowboys Stadium, Plaintiffs PAUL L.
KUTCHER and CYNTHIA P. KUTCHER were told by a S.A.F.E. representative of
“your ticket does not scan”, and they were instructed to go to another turnstile to see
whether they would scan there.
86.

After going to another turnstile, Plaintiffs PAUL L. KUTCHER and

CYNTHIA P. KUTCHER were advised once again that their tickets “did not scan” and
were instructed to go to “Gate A”, which was located inside the grounds of Cowboys
Stadium in an area not accessible to those ticket holders who were not granted access to
the grounds, and when this was pointed out to the S.A.F.E. representatives, said Plaintiffs
were told to go to “Ticket Resolution” which was located several blocks away from
Cowboys Stadium at or near Rangers Ballpark at Arlington, approximately one mile from
Cowboys Stadium.
87.

No direction was provided to Plaintiffs PAUL L. KUTCHER or

CYNTHIA P. KUTCHER concerning where at or near Rangers Ballpark at Arlington
“Ticket Resolution” was located, and said Plaintiffs became concerned and suffered
extreme anxiety and emotional distress over the prospect of being denied access to

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Cowboys Stadium in spite of having purchased their tickets from Pittsburgh Steelers
Sports, Inc.
88.

As said Plaintiffs were attempting to make their way toward Rangers

Ballpark at Arlington, while walking against the flow of a massive number of ticket
holders attempting to gain access to Cowboys Stadium, said Plaintiffs were advised by
other similarly situated ticket holders to Super Bowl XLV who were returning from
“Ticket Resolution” that they were instructed to go to “Gate A”.
89.

In response, Plaintiffs PAUL L. KUTCHER and CYNTHIA P.

KUTCHER followed the mass of approximately fifty (50) similarly situated frustrated
Super Bowl XLV ticket holders back to the fenced off area outside of Cowboys Stadium
adjacent to the Miller Lite Plaza.
90.

After several inquiries were made to various S.A.F.E. representatives,

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER were told that the
aforesaid group of similarly situated ticket holders to Super Bowl XLV were going to be
led into a secluded gated area adjacent to the grounds of Cowboys Stadium where a
representative, presumably from Defendant NFL, was going to address said group of
displaced ticket holders to Super Bowl XLV.
91.

Thereafter, Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER,

together with the other similarly situated ticket holders to Super Bowl XLV, were
allowed access into a gated area located adjacent to an area between the security entrance
to the grounds of Cowboys Stadium and a gated area that was being staged for what
appeared to be a private party near the Miller Lite Plaza area, and they were instructed to

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line up along a tall wall that was located inside of the aforementioned gated area into
which they were allowed access.
92.

After an individual, who on information and belief was a representative of

Defendant NFL, appeared and advised Plaintiffs PAUL L. KUTCHER and CYNTHIA P.
KUTCHER along with the other similarly situated ticket holders to Super Bowl XLV
who were then present that Defendant NFL was aware of the issue of valid tickets to
Super Bowl XLV not scanning, a gate was opened by a S.A.F.E. representative which
allowed Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER access to the
Miller Lite Plaza area outside of Cowboys Stadium.
93.

At approximately 3:30 p.m. Central Standard Time, Plaintiffs PAUL L.

KUTCHER and CYNTHIA P. KUTCHER showed their respective tickets to Super Bowl
XLV to an S.A.F.E. representative at Entry J near the AT&T Plaza outside of Cowboys
Stadium, and they were allowed entry into Cowboys Stadium.
94.

When Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER

reached the 400 level of Cowboys Stadium and attempted to gain access to their seats in
Section 430A, said Plaintiffs observed “yellow police crime tape” across a walkway area
underneath metal bleachers that was the designated pathway by which ticket holders to
seats located in Section 430A were to gain access to those seats, and they were denied
access to Section 430A by a S.A.F.E. representative who told them that the “fire marshal
has deemed those seats unsafe” and “no one will be permitted to sit in those seats”.
95.

In response, Plaintiffs PAUL L. KUTCHER and CYNTHIA P.

KUTCHER asked the S.A.F.E. representative what they were supposed to do, and he just
repeated himself without providing said Plaintiffs with any direction.

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96.

Once again, Plaintiffs PAUL L. KUTCHER and CYNTHIA P.

KUTCHER became frustrated and concerned over the fact that they were being told the
tickets to Super Bowl XLV which they purchased from Pittsburgh Steelers Sports, Inc.
were to seats that they would not be permitted to access, and they again suffered extreme
emotional distress and anxiety.
97.

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER made

several inquiries to other S.A.F.E. personnel located on the 400 level of Cowboys
Stadium; however, none of the S.A.F.E. personnel or anyone else was able to provide
said Plaintiffs with any information.
98.

Eventually, an individual suggested for Plaintiffs PAUL L. KUTCHER

and CYNTHIA P. KUTCHER to inquire at a Guest Services location within Cowboys
Stadium, and said Plaintiffs learned of a Guest Services location near Section 219 of
Cowboys Stadium.
99.

Since all of the escalators leading to the 400 level of Cowboys Stadium

were in the “up” position, transporting ticket holders from the lower levels to the upper
levels, Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER were compelled to
use the walking ramps from the 400 level to the 200 level of Cowboys Stadium.
100.

Upon reaching the Guest Services location near Section 219 of Cowboys

Stadium, Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER overheard a
representative of the Guest Services desk instructing other similarly situated displaced
ticket holders to Super Bowl XLV to leave Cowboys Stadium and to go to “Ticket
Resolution”.

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101.

After hearing this information, Plaintiff PAUL L. KUTCHER insisted for

the Guest Services representative to contact a supervisor because Plaintiffs PAUL L.
KUTCHER and CYNTHIA P. KUTCHER refused to leave Cowboys Stadium without
knowing from a credible source what alternative accommodations had been made by
Defendant NFL to seat them inside of Cowboys Stadium.
102.

Thereafter, Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER,

together with two (2) gentlemen received their tickets from Green Bay Packers, Inc.
(hereinafter referred to as “the two (2) Packer fans”) and who also complained to the
Guest Services representative that they were also issued tickets to Super Bowl XLV for
seats that were inaccessible in Cowboys Stadium, were instructed to take an elevator and
to go to the Miller Hospitality Room downstairs.
103.

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER found a

freight elevator near Section 218 of Cowboys Stadium and took said elevator downstairs
to the ground level of Cowboys Stadium.
104.

Upon reaching the ground level of Cowboys Stadium, Plaintiffs PAUL L.

KUTCHER and CYNTHIA P. KUTCHER were stopped by a S.A.F.E. representative,
who asked what said Plaintiffs were doing on the ground level of Cowboys Stadium, but
the S.A.F.E. representative was unable to provide any assistance after Plaintiff PAUL L.
KUTCHER advised the S.A.F.E. representative “we were told by Guest Services to go to
the Miller Hospitality Room” and asked where the Miller Hospitality Room was located.
105.

Eventually, a second S.A.F.E. representative directed Plaintiffs PAUL L.

KUTCHER and CYNTHIA P. KUTCHER, together with the two Packer fans, to an area

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which was designated as the “Miller Hospitality Room”, which was adjacent to a
walkway that led to the playing field.
106.

At this point, Plaintiffs PAUL L. KUTCHER and CYNTHIA P.

KUTCHER and the two Packer fans were informed by a third S.A.F.E. representative,
who appeared to have some supervisory role, they were supposed to be directed to the
“Miller Lite Hospitality Room”, which was on the complete opposite side of Cowboys
Stadium.
107.

After being instructed by the third S.A.F.E. representative that they needed

to go back up the elevator from which they gained access to the ground level of Cowboys
Stadium and traverse across the Mezzanine to another elevator on the opposite side of
Cowboys Stadium to gain access to the ground level of Cowboys Stadium on the other
side of the field, Plaintiff PAUL L. KUTCHER requested said S.A.F.E. representative to
send another S.A.F.E. representative with Plaintiffs PAUL L. KUTCHER and CYNTHIA
P. KUTCHER and the two Packer fans to escort them to the Miller Lite Hospitality
Room, so that they had someone with some authority with them so as to make sure they
were able to locate and gain access to the Miller Lite Hospitality Room, and the S.A.F.E.
supervisory representative agreed and assigned another S.A.F.E. representative to escort
Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER and the two Packer fans to
the Miller Lite Hospitality Room.
108.

Upon returning to the elevator while being escorted by the aforementioned

S.A.F.E. representative, Plaintiff PAUL L. KUTCHER asked the S.A.F.E. representative
“where are we going?”, and the S.A.F.E. representative responded, “I don’t know”.

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109.

In response, Plaintiff PAUL L. KUTCHER demanded that the S.A.F.E.

representative escort Plaintiff PAUL L. KUTCHER and CYNTHIA P. KUTCHER along
the two Packer fans back to her supervisor so it could be definitively ascertained where
the Miller Lite Hospitality Room was located and how Plaintiffs PAUL L. KUTCHER
and CYNTHIA P. KUTCHER together with the two Packer fans were to get there.
110.

At this point, a representative of Defendant DALLAS COWBOYS

approached Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER and advised
said Plaintiffs and the two Packer fans that said Defendant was aware of the situation and
“we are going to take care of you”.
111.

Thereafter, Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER

and the two Packer fans were escorted along the ground level of Cowboys Stadium to the
opposite side of Cowboys Stadium by a credentialed man, who on information and belief
was a representative of either Defendant NFL or Defendant DALLAS COWBOYS.
112.

Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER and two

Packer fans arrived at the Miller Lite Hospitality area of Cowboys Stadium shortly before
the Pittsburgh Steelers were introduced prior to the singing of the National Anthem.
113.

Inside the Miller Lite Hospitality area were numerous similarly displaced

fans of both the Green Bay Packers and Pittsburgh Steelers, and there was inadequate
seating to allow said fans to watch the game on the monitors situated inside the Miller
Lite Hospitality area.
114.

Outside of the Miller Lite Hospitality area was an area which was recessed

from field level behind the Pittsburgh Steeler bench area, similar to that of a baseball
“dugout”; this area had no seats and a substantial number of the aforesaid similarly

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situated displaced fans, including Plaintiffs PAUL L. KUTCHER and CYNTHIA P.
KUTCHER, were relegated to standing side by side in this area the entire length of the
Super Bowl game, halftime presentation and post-game presentation.
115.

The number of people allowed to accumulate in the aforesaid area outside

the Miller Lite Hospitality was not monitored by any personnel of either Defendant NFL
or Defendant DALLAS COWBOYS, nor any of their respective agents, and on
information and belief the number of displaced fans who did accumulate and view the
game from this area far exceeded the number of people who would be permitted to safely
view the Super Bowl game, halftime presentation and post-game presentation in
accordance with the relevant safety and fire codes of the City of Arlington, Texas.
116.

The viewpoint of the displaced fans, who attempted to view the field of

Cowboys Stadium from the aforesaid area outside of the Miller Lite Hospitality area,
including Plaintiffs PAUL L. KUTCHER and CYNTHIA P. KUTCHER, was obstructed
by the following: 1.) a motorized vehicle on which two FOX television network cameras
were situated that continually moved in front of the area outside the Miller Lite
Hospitality area; 2.) S.A.F.E. personnel lined up and facing the crowd with their backs to
the field, apparently for security purposes; 3.) several equipment lockers stacked up
behind, near and adjacent to the Pittsburgh Steeler bench area; 4.) the Pittsburgh Steeler
bench; 5.) the Pittsburgh Steeler players, coaches, trainers and other personnel; 5.) several
other individuals, including photographers lined up along the area adjacent to the
sidelines extending the entire length of the field; and 6.) other similarly situated displaced
fans who were standing in front of each other.

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117.

As a result of the aforementioned obstructions in view of the playing field,

a substantial number of the similarly situated displaced fans who stood in the area outside
of the Miller Lite Hospitality area, including Plaintiffs PAUL L. KUTCHER and
CYNTHIA P. KUTCHER, could only partially see action on the field by looking through
legs of players and others lined up and down the sidelines to the extent their view was not
obstructed by any other obstruction referenced in the preceding paragraph, and they were
compelled to view the Super Bowl game by looking at a large monitor situated well
above the playing field of Cowboys Stadium.
V. CONDITIONS PRECEDENT
118.

Plaintiffs have performed all conditions precedent to be performed by

Plaintiffs or said conditions precedent have otherwise occurred or been waived.

VI. FIRST CLAIM FOR RELIEF
FRAUDULENT MISREPRESENTATION BY CONCEALMENT
(All Plaintiffs v. Defendant NFL)

119.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 118 of this

Complaint as though stated more fully herein again at length.
120.

At all times prior to the issuance of the aforesaid tickets and through

February 6, 2011, Defendant NFL knew the seats identified on the tickets they disbursed
to Pittsburgh Steelers Sports, Inc. which were ultimately distributed to Plaintiffs,
RICHARD POLLOCK, CHERYL POLLOCK, PAUL L. KUTCHER and CYNTHIA P.
KUTCHER did not exist and never existed in Cowboys Stadium.

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121.

At no time prior to February 6, 2011 did Defendant NFL make any

reasonable effort to inform any of the ticket holders who purchased tickets designated for
non-existent seats in Cowboys Stadium from Pittsburgh Steelers Sports, Inc., including
Plaintiffs RICHARD POLLOCK, CHERYL POLLOCK, PAUL L. KUTCHER or
CYNTHIA P. KUTCHER, that the tickets distributed to them were for seats that did not
and never have existed in Cowboys Stadium.
122.

At all times relevant hereto, Defendant NFL issued the aforesaid tickets to

Pittsburgh Steelers Sports, Inc. that were ultimately distributed to Plaintiffs RICHARD
POLLOCK, CHERYL POLLOCK, PAUL L. KUTCHER and CYNTHIA P. KUTCHER
with the intention that the Plaintiffs, as ticket holders of the aforesaid tickets to
designated seats in Cowboys Stadium for Super Bowl XLV, would rely upon said tickets
to be able to enter Cowboys Stadium on February 6, 2011 and be entitled to sit in the seat
designated on said ticket to watch Super Bowl XLV.
123.

At all times relevant hereto, Defendant NFL knew or should have known

that Plaintiffs RICHARD POLLOCK, CHERYL POLLOCK, PAUL L. KUTCHER and
CYNTHIA P. KUTCHER would have relied upon the representation indicated on the
aforementioned tickets that were distributed to said Plaintiffs were for seats that actually
existed in Cowboys Stadium.
124.

At all times relevant hereto, Defendant NFL, through its own actions and

the actions of its aforementioned agents, intentionally concealed and wrongfully failed to
disclose to the Plaintiffs the following information that said Defendant either knew or
should have known to have been true:
a.

The Section, Row and Seat designated on each of the tickets to Super
Bowl XLV that were distributed to the Plaintiffs never existed in Cowboys

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Stadium;
b.

The Section, Row and Seat designated on each of the aforesaid tickets to
Super Bowl XLV that were distributed by Pittsburgh Steelers Sports, Inc.
and ultimately possessed by the Plaintiffs were for “temporary seats” that
Defendant NFL and its agents had contemplated for construction in
Cowboys Stadium;

c.

The Section, Row and Seat designated on each of the aforesaid tickets to
Super Bowl XLV that were distributed by Pittsburgh Steelers Sports, Inc.
and ultimately possessed by the Plaintiffs was subject to the terms of a
Commercial Building Permit that was issued by the City of Arlington that
required “phased approval” and was “conditionally issued” per Section
106.3.3 of the 2003 International Building Code, pursuant to which the
holder of such a building permit proceeds “at the holder’s own risk with
the building operation and without assurance that a permit for the entire
structure shall be granted”;

d.

Several issues were brought to the attention of Defendant NFL by the City
of Arlington prior to the issuance of said tickets to Pittsburgh Steelers
Sports, Inc. and their ultimate distribution to Plaintiffs negating the
likelihood that an occupancy permit would be issued for the Section, Row
and Seat designated on each of the tickets to Super Bowl XLV on or prior
to February 6, 2011;

e.

The construction of the Section, Row and Seat designated on each of the
tickets to Super Bowl XLV that were distributed by Pittsburgh Steelers
Sports, Inc. and ultimately possessed by the Plaintiffs was delayed or
disrupted as a result of the failure of Defendant NFL and its agents to
insure the subcontractors retained to construct said seats did so in a timely
and reasonably prudent manner;

f.

Defendant NFL and its agents desired to simply assume the risk for the
safety of the Section, Row and Seat designated on each of the tickets to
Super Bowl XLV that were distributed by Pittsburgh Steelers Sports, Inc.
and ultimately possessed by the Plaintiffs in the event that an Occupancy
Permit for the seats designated on said tickets was not issued by the City
of Arlington on or prior to February 6, 2011; and

g.

In spite of its knowledge that no Occupancy Permit would be issued by the
City of Arlington for the spectator seat corresponding with the Section,
Row and Seat designated on each of the tickets to Super Bowl XLV that
were distributed by Pittsburgh Steelers Sports, Inc. and ultimately
possessed by Plaintiffs, Defendant NFL had no contingency plan in place
by which alternative spectator seats inside of Cowboys Stadium were to be
provided for each Plaintiff to watch Super Bowl XLV.

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125.

At all times relevant hereto, Defendant NFL intentionally withheld

providing any information to the Plaintiffs RICHARD POLLOCK, CHERYL
POLLOCK, PAUL L. KUTCHER and CYNTHIA P. KUTCHER that the seats identified
on the tickets issued to said Plaintiffs for Super Bowl XLV did not exist in Cowboys
Stadium and that no contingency plan existed by which alternative spectator seats inside
of Cowboys Stadium was to be provided for each Plaintiff to watch Super Bowl XLV in
the event that an Occupancy Permit for said tickets was not issued by the City of
Arlington.
126.

At all times relevant hereto, Plaintiffs relied upon the representations

made on the aforesaid tickets to Super Bowl XLV that were ultimately possessed by them
that said tickets were for spectator seats that actually existed in Cowboys Stadium, and
they had no knowledge of the truth of any of the matters referenced in Paragraph No. 124
above.
127.

As a direct and proximate result of the aforesaid intentional concealment

by Defendant NFL that the seats identified on the tickets issued to Plaintiffs RICHARD
POLLOCK, CHERYL POLLOCK, PAUL L. KUTCHER and CYNTHIA P. KUTCHER
for Super Bowl XLV did not exist in Cowboys Stadium, said Plaintiffs each have
sustained substantial damages, including but not limited the cost of their tickets, travelrelated expenses, round-trip airfare, lodging, automobile, food and beverages, vacation
time, and other expenses, as well as loss of a once in a lifetime opportunity to view Super
Bowl XLV live from a spectator seat inside Cowboys Stadium.
128.

The aforementioned conduct of Defendant NFL was extreme and

outrageous and constitutes willful or wanton misconduct or reckless indifference to the

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rights and safety of Plaintiffs RICHARD POLLOCK, CHERYL POLLOCK, PAUL L.
KUTCHER and CYNTHIA P. KUTCHER, thereby entitling said Plaintiffs to punitive
damages.
VII. SECOND CLAIM FOR RELIEF
BREACH OF CONTRACT
(All Plaintiffs v. Defendant NFL)
129.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 128 of this

Complaint as though stated more fully herein again at length.
130.

Defendant NFL distributed the aforementioned tickets that were ultimately

distributed to the Plaintiffs to Pittsburgh Steelers Sports, Inc., a member and agent of
Defendant NFL.
131.

At the time Pittsburgh Steelers Sports, Inc. accepted receipt of their

aforementioned allotment of tickets to Super Bowl XLV, it did so as a member and agent
of Defendant NFL.
132.

At the time Pittsburgh Steelers Sports, Inc. accepted the payment of

money from the Plaintiffs to participate in a lottery by which a portion of the
aforementioned allotment of tickets distributed to Pittsburgh Steelers Sports, Inc., it did
so as a member and agent of Defendant NFL.
133.

At the time Pittsburgh Steelers Sports, Inc. issued tickets to Super Bowl

XLV to the Plaintiffs, it did so as a member and agent of Defendant NFL.
134.

At the time Pittsburgh Steelers Sports, Inc. issued tickets to Super Bowl

XLV to the Plaintiffs, Defendant NFL, by the actions of one of its members or agents,
formally accepted the offer of the Plaintiffs to purchase tickets to Super Bowl XLV.

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135.

Pursuant to the express terms stated on each ticket to Super Bowl XLV

that was distributed to the Plaintiffs, Defendant NFL owed a duty to allow each holder of
said ticket entry into Cowboys Stadium and to insure that a spectator seat was available
to the holder of each said ticket.
136.

It was the reasonable expectation of the Plaintiffs that each ticket issued to

them for Super Bowl XLV referenced a Section, Row and Seat Number to a seat that was
or would be in actual existence in Cowboys Stadium on February 6, 2011.
137.

Each of the Plaintiffs fully and completely performed all conditions

precedent expected of them pursuant to the terms of the ticket to Super Bowl XLV that
was ultimately distributed to them.
138.

None of the Plaintiffs performed any action that would have given rise to

any of them being ejected from Cowboys Stadium after they were granted admission to
Cowboys Stadium upon presentation of their respective ticket for said admission, and at
no time while each of the Plaintiffs were present inside of Cowboys Stadium during
Super Bowl XLV was any said Plaintiff advised by any representative of Defendant NFL
or Defendant DALLAS COWBOYS that any said Plaintiff had engaged in any action that
would give rise to allowing any of the Plaintiffs to be ejected from Cowboys Stadium.
139.

Defendant NFL breached its obligation under the terms of the terms of the

tickets to Super Bowl XLV that were ultimately distributed to each Plaintiff by failing to
provide a spectator seat to each said Plaintiff within Cowboys Stadium from which to
watch Super Bowl XLV.
140.

As a direct and proximate result of the aforementioned breach by

Defendant NFL, each of the Plaintiffs has sustained damages, including but not limited to

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the cost of their tickets, roundtrip airfare and other travel-related expenses, and their
expectation interest (the loss of value to each Plaintiff) emanating from their ability to
watch Super Bowl XLV from a spectator seat located inside of Cowboys Stadium.

VIII. THIRD CLAIM FOR RELIEF
NEGLIGENCE/GROSS NEGLIGENCE
(All Plaintiffs v. Defendant NFL)
141.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 140 of this

Complaint as though stated more fully herein again at length.
142.

In the alternative to their claim for breach of contract against Defendant

NFL, Plaintiffs assert this claim in the event that it is determined by the Court or Trier of
fact that sufficient facts do not exist to establish the existence of a valid contract between
each of the Plaintiffs and Defendant NFL to support a claim for breach of contract against
Defendant NFL.
143.

At all times relevant hereto, Defendant NFL and its aforementioned agents

owed to each of the Plaintiffs the following duties:
a.

to use ordinary care, skill and prudence to permit each Plaintiff, as a valid
ticket holder to Super Bowl XLV, the opportunity to enter into Cowboys
Stadium on February 6, 2011 and to be granted a spectator seat from
which to watch Super Bowl XLV;

b.

to use ordinary care, skill and prudence in insuring Defendant NFL or its
agents obtained a building permit in a timely manner from the City of
Arlington so as to complete construction of the temporary seats in
Cowboys Stadium by February 6, 2011 that corresponded with the
Section, Row and Seat designated on the aforesaid tickets to Super Bowl
XLV possessed by each Plaintiff;

c.

to use ordinary care, skill and prudence in constructing the temporary seats
in Cowboys Stadium that corresponded with the Section, Row and Seat
designated on the tickets to Super Bowl XLV possessed by each Plaintiff

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so that an Occupancy Permit could be issued by the City of Arlington in
time to allow the Plaintiffs to occupy said seats to watch Super Bowl
XLV;
d.

to use ordinary care, skill and prudence in complying with each of the
requirements and conditions precedent imposed by the terms of the
Commercial Building Permit issued by the City of Arlington for the
construction of the temporary seats in Cowboys Stadium that
corresponded with the Section, Row and Seat designated on each of the
tickets to Super Bowl XLV possessed by each Plaintiff;

e.

to use ordinary care, skill and prudence in selecting any and all
subcontractors, including but not limited to those retained by the
aforementioned agents of Defendant NFL, so that construction of the
temporary seats in Cowboys Stadium which corresponded with the
Section, Row and Seat designated on each of the tickets to Super Bowl
XLV possessed by each Plaintiff on February 6, 2011 was completed on
or before February 6, 2011;

f.

to use ordinary care, skill and prudence in employing or otherwise
retaining sufficient personnel so that construction of the temporary seats in
Cowboys Stadium which corresponded with the Section, Row and Seat
designated on each of the tickets to Super Bowl XLV possessed by each
Plaintiff on February 6, 2011 was completed on or before February 6,
2011;

g.

to use ordinary care, skill and prudence in issuing tickets to Super Bowl
XLV to Pittsburgh Steelers Sports, Inc. that corresponded to seats which
were in actual existence or for which an occupancy permit had been
acquired from the City of Arlington at the time said tickets were issued by
Defendant NFL to Pittsburgh Steelers Sports, Inc.;

h.

to use ordinary care, skill and prudence in informing Pittsburgh Steelers
Sports, Inc. that some of the tickets to Super Bowl XLV issued by
Defendant NFL to Pittsburgh Steelers Sports, Inc. corresponded with seats
that were not in actual existence and for which no occupancy permit had
been acquired from the City of Arlington at the time said tickets were
issued by Defendant NFL to Pittsburgh Steelers Sports, Inc.;

i.

to use ordinary care, skill and prudence in timely issuing any press
releases or otherwise providing candid information through other means
reasonably calculated or expected to have informed the holders of tickets
to Super Bowl XLV, whose tickets designated the Section, Row and Seat
to temporary seating that had not been completed and for which no
Occupancy Permit was issued by the City of Arlington, that the spectator

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seat designated on said tickets did not exist in Cowboys Stadium and
would not be available on February 6, 2011;
j.

to use ordinary care, skill and prudence in informing the Plaintiffs in a
timely manner that the tickets to Super Bowl XLV that they possessed and
were issued by Pittsburgh Steelers Sports, Inc. did not exist in Cowboys
Stadium at the time they were issued to and from Pittsburgh Steelers
Sports, Inc.;

k.

to use ordinary care, skill and prudence in informing the Plaintiffs that the
tickets to Super Bowl XLV that they possessed and that were issued by
Pittsburgh Steelers Sports, Inc. were subject to the terms of the
aforementioned Building Permit that was issued by the City of Arlington;
and,

l.

to use ordinary care, skill and prudence in formulating a plan by which
alternative seating inside of Cowboys Stadium could be provided for each
Plaintiff to watch Super Bowl XLV, in spite of having sufficient advance
notice of the likelihood that the seats designated on the aforementioned
tickets to Super Bowl XLV possessed by the Plaintiffs would not be
completed prior to February 6, 2011 and that no Occupancy Permit would
be issued by the City of Arlington for said seats.

144.

Defendant NFL wrongfully failed to use ordinary care, skill and prudence

in performing each of the aforementioned duties referenced in Paragraph No. 143 above.
145.

As a direct and proximate result of the aforesaid failure(s) of Defendant

NFL to use ordinary care, skill and prudence in performing each of the aforementioned
duties referenced in Paragraph No. 143 above, Plaintiffs have each sustained substantial
damages, including but not limited to the cost of their tickets, travel expenses, hotel
accommodations, loss of vacation time, loss of a once in a lifetime opportunity to view
Super Bowl XLV live from inside Cowboys Stadium in a spectator seat and other
expenses.
146.

The aforementioned conduct of Defendant NFL constitutes “gross

negligence”, and therefore, Plaintiffs are entitled to punitive or exemplary damages.

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IX. FOURTH CLAIM FOR RELIEF
NEGLIGENCE/GROSS NEGLIGENCE
(All Plaintiffs v. Defendant DALLAS COWBOYS)
147.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 146 of this

Complaint as though stated more fully herein again at length.
148.

At all times relevant hereto, Defendant DALLAS COWBOYS and its

aforementioned agents owed to each of the Plaintiffs the following duties:
a.

to use ordinary care, skill and prudence to permit each Plaintiff, as a valid
ticket holder to Super Bowl XLV, the opportunity to enter into Cowboys
Stadium on February 6, 2011 and to be granted a spectator seat from
which to watch Super Bowl XLV;

b.

to use ordinary care, skill and prudence in insuring Defendant DALLAS
COWBOYS or its agents obtained a building permit in a timely manner
from the City of Arlington so as to complete construction of the temporary
seats in Cowboys Stadium by February 6, 2011 that corresponded with the
Section, Row and Seat designated on the aforesaid tickets to Super Bowl
XLV possessed by each Plaintiff;

c.

to use ordinary care, skill and prudence in constructing the temporary seats
in Cowboys Stadium that corresponded with the Section, Row and Seat
designated on the tickets to Super Bowl XLV possessed by each Plaintiff
so that an Occupancy Permit could be issued by the City of Arlington in
time to allow the Plaintiffs to occupy said seats to watch Super Bowl
XLV;

d.

to use ordinary care, skill and prudence in complying with each of the
requirements and conditions precedent imposed by the terms of the
Commercial Building Permit issued by the City of Arlington for the
construction of the temporary seats in Cowboys Stadium that
corresponded with the Section, Row and Seat designated on each of the
tickets to Super Bowl XLV possessed by each Plaintiff;

e.

to use ordinary care, skill and prudence in selecting any and all
subcontractors, including but not limited to those retained by the
aforementioned agents of Defendant DALLAS COWBOYS, so that
construction of the temporary seats in Cowboys Stadium which
corresponded with the Section, Row and Seat designated on each of the
tickets to Super Bowl XLV possessed by each Plaintiff on February 6,
2011 was completed on or before February 6, 2011;

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f.

to use ordinary care, skill and prudence in employing or otherwise
retaining sufficient personnel so that construction of the temporary seats in
Cowboys Stadium which corresponded with the Section, Row and Seat
designated on each of the tickets to Super Bowl XLV possessed by each
Plaintiff on February 6, 2011 was completed on or before February 6,
2011;

g.

to use ordinary care, skill and prudence in informing Pittsburgh Steelers
Sports, Inc. that some of the tickets to Super Bowl XLV issued by
Defendant NFL to Pittsburgh Steelers Sports, Inc. may have corresponded
with seats which were not in actual existence and for which no occupancy
permit had been acquired from the City of Arlington at the time said
tickets were issued by Defendant NFL to Pittsburgh Steelers Sports, Inc.;

h.

to use ordinary care, skill and prudence in timely issuing any press
releases or otherwise providing candid information through other means
reasonably calculated or expected to have informed the holders of tickets
to Super Bowl XLV, whose tickets designated the Section, Row and Seat
to temporary seating that had not been completed and for which no
Occupancy Permit was issued by the City of Arlington, that the spectator
seat designated on said tickets did not exist in Cowboys Stadium and
would not be available on February 6, 2011;

i.

to use ordinary care, skill and prudence in informing the Plaintiffs in a
timely manner that the tickets to Super Bowl XLV that they possessed and
were issued by Pittsburgh Steelers Sports, Inc. did not exist in Cowboys
Stadium at the time they were issued to and from Pittsburgh Steelers
Sports, Inc.;

j.

to use ordinary care, skill and prudence in informing the Plaintiffs that the
tickets to Super Bowl XLV that they possessed and that were issued by
Pittsburgh Steelers Sports, Inc. were subject to the terms of the
aforementioned Building Permit that was issued by the City of Arlington;
and,

k.

to use ordinary care, skill and prudence in formulating a plan by which
alternative seating inside of Cowboys Stadium could be provided for each
Plaintiff to watch Super Bowl XLV, in spite of having sufficient advance
notice of the likelihood that the seats designated on the aforementioned
tickets to Super Bowl XLV possessed by the Plaintiffs would not be
completed prior to February 6, 2011 and that no Occupancy Permit would
be issued by the City of Arlington for said seats.

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149.

Defendant DALLAS COWBOYS wrongfully failed to use ordinary care,

skill and prudence in performing each of the aforementioned duties referenced in
Paragraph No. 148 above.
150.

As a direct and proximate result of the aforesaid failure(s) of Defendant

DALLAS COWBOYS to use ordinary care, skill and prudence in performing each of the
aforementioned duties referenced in Paragraph No. 148 above, Plaintiffs have each
sustained substantial damages, including but not limited to the cost of their tickets, travel
expenses, hotel accommodations, loss of vacation time, loss of a once in a lifetime
opportunity to view Super Bowl XLV live from inside Cowboys Stadium in a spectator
seat and other expenses.
151.

The aforementioned conduct of Defendant DALLAS COWBOYS

constitutes “gross negligence”, and therefore, Plaintiffs are entitled to punitive or
exemplary damages.

X.

FIFTH CLAIM FOR RELIEF

VIOLATION OF PENNSYLVANIA UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW
(All Plaintiffs v. Defendant NFL)

152.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 151 of this

Complaint as though stated more fully herein again at length.
153.

Defendant NFL is a “person” pursuant to the terms of Section 201-2(2) of

the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
154.

Each of the aforementioned tickets to Super Bowl XLV issued by

Defendant NFL to Pittsburgh Steelers Sports, Inc. that were ultimately possessed by each

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of the Plaintiffs constitutes “documentary material” pursuant to the terms of Section 2012(1) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
155.

Each of the tickets to Super Bowl XLV that were ultimately possessed by

the Plaintiffs was purchased by the Plaintiffs primarily for personal purposes.
156.

The aforementioned actions of Defendant NFL in issuing the aforesaid

tickets to Super Bowl XLV to Pittsburgh Steelers Sports, Inc. that were ultimately
possessed by each of the Plaintiffs constitutes “trade” or “commerce” as defined by
Section 201-2(3) of the Pennsylvania Unfair Trade Practices and Consumer Protection
Law.
157.

Defendant NFL has engaged in the following actions in relation to the

issuance of the aforesaid tickets to Super Bowl XLV to Pittsburgh Steelers Sports, Inc.
that were ultimately possessed by each of the Plaintiffs:
a.

issuing said tickets to Super Bowl XLV to with the tacit representation
that the Section, Row and Seat designated on each said ticket
corresponded with a spectator seat that was in actual existence inside of
Cowboys Stadium;

b.

issuing said tickets to Super Bowl XLV with the tacit understanding that
the person who possessed said ticket on February 6, 2011 would be
entitled to entry into Cowboys Stadium and would be provided a spectator
seat inside of Cowboys Stadium from which to watch Super Bowl XLV;

c.

concealing information that the Section, Row and Seat designated on each
of the tickets to Super Bowl XLV that were issued by Defendant NFL to
Pittsburgh Steelers Sports, Inc. and ultimately possessed by the Plaintiffs
were for “temporary seats” that did not exist in Cowboys Stadium and for
which Defendant NFL and its agents had contemplated for construction in
Cowboys Stadium;

d.

concealing information that the Section, Row and Seat designated on each
of the aforesaid tickets to Super Bowl XLV that were distributed by
Pittsburgh Steelers Sports, Inc. and ultimately possessed by the Plaintiffs
was subject to the terms of a Commercial Building Permit that was issued
by the City of Arlington that required “phased approval” and was

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“conditionally issued” per Section 106.3.3 of the 2003 International
Building Code, pursuant to which the holder of such a building permit
proceeds “at the holder’s own risk with the building operation and without
assurance that a permit for the entire structure shall be granted”;
e.

concealing information that several issues were brought to the attention of
Defendant NFL by the City of Arlington prior to the issuance of said
tickets to Pittsburgh Steelers Sports, Inc., their ultimate distribution to
Plaintiffs and prior to February 6, 2011, negating the likelihood that an
occupancy permit would be issued on or before February 6, 2011 for the
Section, Row and Seat designated on each of the tickets to Super Bowl
XLV that were issued by Defendant NFL to Pittsburgh Steelers Sports,
Inc. and ultimately possessed by Plaintiffs;

f.

concealing information that the construction of the Section, Row and Seat
designated on each of the tickets to Super Bowl XLV that were distributed
by Pittsburgh Steelers Sports, Inc. and ultimately possessed by the
Plaintiffs was delayed or disrupted as a result of the failure of Defendant
NFL and its agents to insure the subcontractors retained to construct said
seats did so in a timely and reasonably prudent manner;

g.

concealing its intention to simply assume the risk for the safety of the
Section, Row and Seat designated on each of the tickets to Super Bowl
XLV that were distributed by Pittsburgh Steelers Sports, Inc. and
ultimately possessed by the Plaintiffs in the event that an Occupancy
Permit was not issued by the City of Arlington on or prior to February 6,
2011; and

h.

concealing it had no contingency plan in place by which alternative
spectator seats inside of Cowboys Stadium were to be provided for each
Plaintiff to watch Super Bowl XLV, in spite of its knowledge that no
Occupancy Permit would be issued by the City of Arlington for the
spectator seat corresponding with the Section, Row and Seat designated on
each of the tickets to Super Bowl XLV that were distributed by Pittsburgh
Steelers Sports, Inc. and ultimately possessed by Plaintiffs.

158.

The aforesaid actions of Defendant NFL referenced in Paragraph No. 157

above constitute “unfair methods of competition” and “unfair or deceptive acts of
practices” pursuant to the following provisions of the Pennsylvania Unfair Trade
Practices and Consumer Protection Law:

Section 201-2(4)(ii), Section 201-2(4)(iii),

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Section 201-2(4)(v), Section 201-2(4)(vii), Section 201-2(4)(xi), and Section 2012(4)(xxi).
159.

The aforesaid actions of Defendant NFL referenced in Paragraph No. 157

above constitute unlawful actions proscribed by Section 201-3 of the Pennsylvania Unfair
Trade Practices and Consumer Protection Law.
160.

As a direct and proximate cause of the aforementioned unlawful actions of

Defendant NFL, Plaintiffs have suffered substantial economic losses, including but not
limited to the cost of their tickets, travel expenses, hotel accommodations, loss of
vacation time, loss of a once in a lifetime opportunity to view Super Bowl XLV live from
inside Cowboys Stadium in a spectator seat and other expenses.
161.

Pursuant to Section 201-9.2 of the Pennsylvania Unfair Trade Practices

and Consumer Protection Law, Plaintiffs are entitled to a judgment in an amount up to
three times the actual damages sustained, but not less than One Hundred Dollars
($100.00), and the Court may provide such additional relief as it deems necessary and
proper, including punitive damages.
162.

In addition, Plaintiffs are entitled reimbursement for all reasonable

attorney’s fees and costs incurred as a result of bringing this action pursuant to Section
201-9.2 of the Pennsylvania Unfair Trade Practices and Consumer Protection Law.

XI.

SIXTH CLAIM FOR RELIEF

FRAUDULENT INDUCEMENT
(All Plaintiffs v. Defendant NFL)
163.

Plaintiffs hereby incorporate Paragraphs No. 1 through No. 162 of this

Complaint as though stated more fully herein again at length.

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164.

At all times prior to the aforementioned issuance of the tickets to Super

Bowl XLV by Defendant NFL to Pittsburgh Steelers Sports, Inc., Defendant NFL
performed the following actions with the intention to induce the Plaintiffs to enter a
lottery conducted by Pittsburgh Steelers Sports, Inc. for the purchase of tickets to Super
Bowl XLV:
a.

made affirmative representations that tickets Defendant NFL issued to
Pittsburgh Steelers Sports, Inc. would be authentic and not counterfeit;

b.

made affirmative representations that tickets Defendant NFL issued to
Pittsburgh Steelers Sports, Inc. would designate a particular Section, Row
and Seat that existed in Cowboys Stadium or would exist in Cowboys
Stadium on or before February 6, 2012;

c.

intentionally concealed information that the Section, Row and Seat
designated on each of the tickets to Super Bowl XLV which were issued
by Defendant NFL to Pittsburgh Steelers Sports, Inc. and ultimately
possessed by the Plaintiffs were for “temporary seats” that Defendant NFL
and its agents had contemplated for construction in Cowboys Stadium and
that did not exist inside of Cowboys Stadium;

d.

intentionally concealed information that the Section, Row and Seat
designated on each of the aforesaid tickets to Super Bowl XLV which
were issued by Defendant NFL to Pittsburgh Steelers Sports, Inc. and
ultimately possessed by the Plaintiffs was subject to the terms of a
Commercial Building Permit issued by the City of Arlington that required
“phased approval” and was “conditionally issued” per Section 106.3.3 of
the 2003 International Building Code, pursuant to which the holder of
such a building permit proceeds “at the holder’s own risk with the building
operation and without assurance that a permit for the entire structure shall
be granted”;

e.

intentionally concealed information that several issues were brought to the
attention of Defendant NFL by the City of Arlington prior to the issuance
of said tickets to Pittsburgh Steelers Sports, Inc. and their ultimate
distribution to Plaintiffs, negating the likelihood that an occupancy permit
would be issued on or before February 6, 2011 for the Section, Row and
Seat designated on each of the tickets to Super Bowl XLV which were
issued by Defendant NFL to Pittsburgh Steelers Sports, Inc. and ultimately
possessed by the Plaintiffs; and

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f.

intentionally concealed information that Defendant NFL had no
contingency plan in place, by which alternative spectator seats inside of
Cowboys Stadium were to be provided for each Plaintiff to watch Super
Bowl XLV in the event that no Occupancy Permit was issued by the City
of Arlington for the seats designated on the tickets to Super Bowl XLV
that were issued by Defendant NFL to Pittsburgh Steelers Sports, Inc. and
ultimately possessed by the Plaintiffs, in spite of possessing information
issued by the City of Arlington questioning whether the construction of
said seats would be completed on or before February 6, 2012 and knowing
Defendant NFL had expressly assumed the risk that construction of said
seats would not be completed and no Occupancy Permit would be issued
for said seats by the City of Arlington.

165.

Each of the aforesaid actions of Defendant NFL referenced in Paragraph

No. 164 above involve misrepresentations of material facts upon which the Plaintiffs
relied in deciding to purchase tickets to Super Bowl XLV through the aforementioned
lottery conducted by Pittsburgh Steelers Sports, Inc.
166.

Each of the aforesaid actions of Defendant NFL referenced in Paragraph

No. 164 (a) and (b) above involved representations of material facts that Defendant NFL
either knew or should have known were false at the time they were made, or that
Defendant NFL made with reckless disregard as to whether they were true or false.
167.

Each of the aforesaid actions of Defendant NFL referenced in Paragraph

No. 164 (c) through (f) involve concealment of material facts that Defendant NFL knew
or should have known would have been material to Plaintiffs’ decision to purchase tickets
to Super Bowl XLV through the aforementioned lottery conducted by Pittsburgh Steelers
Sports, Inc.
168.

Each of the aforesaid actions of Defendant NFL referenced in Paragraph

No. 164 involving affirmative representations of material facts by Defendant NFL were
made by Defendant NFL with the intention of misleading Plaintiffs into relying upon said
representations.

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169.

Each of the aforesaid actions of Defendant NFL referenced in Paragraph

No. 164 involving concealment of information by Defendant NFL were made by
Defendant NFL with the intention of misleading Plaintiffs into relying upon the
information so concealed.
170.

Plaintiffs justifiably relied upon each of the affirmative representations

made by Defendant NFL as being true when said Plaintiffs decided to purchase tickets to
Super Bowl XLV through the aforementioned lottery conducted by Pittsburgh Steelers
Sports, Inc.
171.

Plaintiffs also justifiably relied upon the non-existence of the aforesaid

information concealed when said Plaintiffs decided to purchase tickets to Super Bowl
XLV through the aforementioned lottery conducted by Pittsburgh Steelers Sports, Inc.
172.

As a direct and proximate result of the Plaintiffs’ aforementioned reliance

upon the affirmative representations and concealment of information by Defendant NFL
as described in Paragraph No. 164 above, Plaintiffs each sustained substantial economic
losses, including but not limited to the cost of their tickets, travel expenses, hotel
accommodations, loss of vacation time, loss of a once in a lifetime opportunity to view
Super Bowl XLV live from inside Cowboys Stadium in a spectator seat and other
expenses.
173.

The aforementioned conduct of Defendant NFL was extreme and

outrageous and constitutes willful or wanton misconduct or reckless indifference to the
rights and expectations of Plaintiffs RICHARD POLLOCK, CHERYL POLLOCK,
PAUL L. KUTCHER and CYNTHIA P. KUTCHER, thereby entitling said Plaintiffs to
punitive damages.

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XII. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter a
judgment in their favor against the Defendants as follows:
a.

As to Plaintiffs’ First Claim for Relief for Fraudulent Misrepresentation by

Concealment against Defendant NFL, Plaintiffs request an award of all economic
damages suffered by Plaintiffs, punitive or exemplary damages, reimbursement of all
reasonable attorney’s fees incurred as a result of bringing this action, court costs, prejudgment interest, post-judgment interest, and such other relief as the Court deems
appropriate, just and proper;
b.

As to Plaintiffs’ Second Claim for Relief for Breach of Contract against

Defendant NFL, Plaintiffs request an award of all economic damages suffered by
Plaintiffs, including their expectation interest (the loss of value to each Plaintiff)
emanating from their inability to watch Super Bowl XLV from a spectator seat located
inside of Cowboys Stadium, reimbursement of all reasonable attorney’s fees incurred as a
result of bringing this action, court costs, pre-judgment interest, post-judgment interest,
and such other relief as the Court deems appropriate, just and proper;
c.

As to Plaintiffs’ Third Claim for Relief for Negligence/Gross Negligence

against Defendant NFL, Plaintiffs request an award of all economic damages suffered by
Plaintiffs, punitive or exemplary damages, reimbursement of all reasonable attorney’s
fees incurred as a result of bringing this action, court costs, pre-judgment interest, postjudgment interest, and such other relief as the Court deems appropriate, just and proper;

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d.

As to Plaintiffs’ Fourth Claim for Relief for Negligence/Gross Negligence

against Defendant DALLAS COWBOYS, Plaintiffs request an award of all economic
damages suffered by Plaintiffs, punitive or exemplary damages, reimbursement of all
reasonable attorney’s fees incurred as a result of bringing this action, court costs, prejudgment interest, post-judgment interest, and such other relief as the Court deems
appropriate, just and proper;
e.

As to Plaintiffs’ Fifth Claim for Relief for Violation of the Pennsylvania

Unfair Trade Practices and Consumer Protection Law against Defendant NFL, Plaintiffs
request an award of all economic damages suffered by Plaintiffs, treble damages, punitive
or exemplary damages, reimbursement of all reasonable attorney’s fees incurred as a
result of bringing this action, court costs, pre-judgment interest, post-judgment interest,
and such other relief as the Court deems appropriate, just and proper; and
f.

As to the Plaintiffs’ Sixth Claim for Relief for Fraudulent Inducement

against Defendant NFL, Plaintiffs request an award of all economic damages suffered by
Plaintiffs, punitive or exemplary damages, reimbursement of all reasonable attorney’s
fees incurred as a result of bringing this action, court costs, pre-judgment interest, postjudgment interest, and such other relief as the Court deems appropriate, just and proper.

XIII.

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a jury trial on all issues triable by jury.

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Dated: February ___, 2012

Respectfully Submitted,
PAUL L. KUTCHER, P.A.

s/Paul L. Kutcher_____________
Paul L. Kutcher, Esquire
PA. ID. No. 47607
[e-mail]
902 West Lumsden Road, Suite 109
Brandon, FL 33511
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs
Richard Pollock, Cheryl Pollock,
Paul L. Kutcher and Cynthia P.
Kutcher

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