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SOUTHEAST TEXAS RECORD

Thursday, May 2, 2024

Astros thrown out of sign stealing suit brought by season ticket holders

State Court
Min

HOUSTON – Today, the 14th Court of Appeals dismissed a lawsuit against the Houston Astros – litigation brought by season ticket holders over the sign stealing scandal.

Back in February 2020, a class action was filed against the ball club alleging unjust enrichment. The Plaintiffs claimed that fans do not pay to seek crooked baseball games.

Court records show the Astros filed a Rule 91a motion to dismiss the litigation, arguing that the plaintiffs have no justiciable interest in a baseball game of a particular nature and quality and free from violations of MLB rules.

In other words, the plaintiffs cannot maintain a lawsuit for their disappointment over how the Astros played the game.

The trial court denied the Astros’ motion and an appeal ensued, court records show.

On appeal, the Astros argued that the plaintiffs’ claims based on the sign-stealing controversy are not legally recognized causes of action.

The plaintiffs maintained that their claims are based on statements off-the-field of falsely portraying the Astros as a team that has integrity, for example with its “Earn History” slogan, instead of a team that had been cheating for years.

The 14th Court found the trial court abused its discretion by denying the Astros’ motion, ordering the trial court to dismiss the plaintiffs’ claims.

“The plaintiffs claim that the Astros misrepresented how they played the game―that they played with integrity instead of cheating,” the opinion states. “In their consolidated petition, the plaintiffs expressed their disappointment and shame over the Astros’ stealing opposing teams’ signals. Claims based on how a sports team plays the game are not cognizable.

“Therefore, plaintiffs have not alleged legally cognizable claims on which they may recover damages. Furthermore, the plaintiffs cannot maintain their claims because they were only granted a revocable license to enter Minute Maid Park to watch the games in the seats for which they had purchased tickets and do not allege that they were denied those rights.”

The Hilliard Martinez Gonzales law firm in Corpus Christi represents the plaintiffs.

The Astros are represented by attorneys Reagan Simpson, Bryce Callahan and Grant Martinez.

Appeals case No. 14-20-00769-CV

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