Rovell: Houston Astros File Motion to Dismiss Lawsuit from DFS Players

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Feb 24, 2020, 03:52 PM EST

Attorneys for the Houston Astros filed a motion to dismiss a lawsuit brought on by fantasy baseball players.

The team’s legal counsel said that the case has no merit for a variety of reasons, including the fact that the Astros, despite being tied to daily fantasy players through statistics, aren’t contractually bound in any way to fans.

That’s why so many lawsuits of fans suing teams and leagues have fallen flat on their face. Although leagues have an obligation to fans, there’s no direct contract. The most recent, most high-profile case involved fans trying to get their Pay-Per-View money back from the Mayweather-Pacquiao fight. The lawsuits were combined and dismissed.


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This case hinges on whether the daily fantasy bettors, who bet on DraftKings, are owed anything from not knowing that the Astros players, at least in 2017, were cheating. While integrity of the game is implied, it is not guaranteed to the fan.

What is guaranteed in this case, the Astros attorneys respond, is the contract the bettors had with DraftKings and that was upheld — DraftKings’ statistics for Houston’s players were accurate.

The attorneys also allege that the Astros can’t be sued for fraud because the team never made any representations about their actions in 2017 and wagering is protected by deceptive trade practices law.

DraftKings is not a defendant in the case. The daily fantasy bettors are suing the Astros, the Boston Red Sox, Major League Baseball and it’s digital arm, MLB Advanced Media.

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