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VKK Corp. v. N.F.L.

Release signed by seller of professional football team at time of sale precluded subsequent antitrust claims against NFL for alleged interference with attempts to move team to more profitable location; release did not, however, cover defendants who purchased different NFL team after execution of release.

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The full case caption appears at the end of this opinion.

SACK, Circuit Judge:On November 16, 1994, plaintiff Victor K. Kiam, II (“Kiam”), and two entities through which he controlled the New England Patriots, brought suit in the United States District Court for the Southern District of New York against the National Football League (the “NFL”), twenty-two of its member clubs (with the NFL, collectively the “NFL defendants”), and two entities involved in the ultimately successful campaign to locate an NFL football team in Jacksonville, Florida — Touchdown Jacksonville, Ltd., and Touchdown Jacksonville, Inc. The plaintiffs allege that the defendants violated the Sherman Antitrust Act by preventing Kiam from moving the Patriots out of New England. The defendants assert that the plaintiffs are barred from maintaining this action because they released all claims against the defendants, including the antitrust claims, in a formal written release. Following a jury trial limited to the plaintiffs’ claim of economic duress, the jury returned a verdict for the defendants. The district court then granted the defendants’ motion for summary judgment with respect to the plaintiffs’ remaining claims.

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