Lawsuit seeks to get NFL Commissioner and game officials under oath on NOLA No-Call

Dave Cohen, WWL First News early edition
February 06, 2019 - 9:24 am

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A new lawsuit filed in New Orleans seeks to get answers from the officials who failed to call the penalties in the NFC Championship game that, if called, likely would have resulted in the Saints going to the Super Bowl.

"Our purpose is... to get answers under oath to our questions--the questions all of us are asking but have no answers or hope for them at this point," attorney Tony Le Mon said of his lawsuit on behalf of ticket holders.  "Our purpose is not to get some tiny judgment."

The former St. Tammany and Washington Parish First Assistant District Attorney brought the civil lawsuit in the Orleans Parish Civil District Court. 

In an email to WWL, he said his goal is "getting Commissioner Goodell and the NFC Championship Officiating Crew in depositions to answer our questions under oath, and perhaps a Orleans Parish jury."

He is also seeking administrative action on the matter.

"In addition to filing this civil lawsuit, I have formally asked the Louisiana Attorney General's Consumer Protection Division to also investigate this situation. In my former position as Chief of the DA's Civil Division, I have a good understanding of the Unfair Trade Practices Act," Le Mon stated.

He says what happened in the NFC Title game was consumer fraud.

"There were 73,028 consumers in the Superdome that day and I believe all defrauded."

Le Mon says he aims to keep this case in state court, not federal court where the last lawsuit died.

"I am alleging fraud and ill practices and need only prove that fraud by a preponderance of the evidence per Louisiana law," he explained.

In an effort to keep it out of federal court, Le Mon says he is asking for less than $75,000 and will not seek class action status.

"All damages and attorney's fees recovered against the NFL and Commissioner Goodell in this new lawsuit by the plaintiff Saints ticket holders or NFC game ticket purchasers will go directly to New Orleans area charities as stated in the lawsuit filings," he further explained.  "This is not about money or publicity for any of us. I know that is easy to say and hard to believe but if you will allow me, I think that you will see my true heart in this whole injustice."  

Le Mon is also asking for the public's help in "getting every photo of every angle and every video capture by ticket holders, media, photographers etc taken of the now infamous 'Missed Call' play so I can show the exact location and where every single official appear to be looking (the 5 judges, 1 ref & 1 ump) at the exact moment of the infractions and, the exchange captured on video and photos between Down Judge Patrick Turner and Side Judge Gary Cavaletto, both residing in Southern California."

He says he knows he faces a huge challenge in taking on the NFL and all of its resources, but hopes he can get some answers.

"So I took a deep breath after getting my wife's ok last Friday morning and filed this lawsuit  believing that my strategy may have a chance, however small."

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