Foul Ball Risk Insufficient to Confer Class Action Standing: 9th Circuit

Foul Ball Risk Insufficient to Confer Class Action Standing:  9th Circuit

The U.S. Court of Appeals for the Ninth Circuit has upheld dismissal of a putative class action brought by Major League Baseball fans who claimed that inadequate safety precautions at MLB games created a risk of injury and “interfere[d] with their recreational use of their baseball tickets.” The court of appeals found that the chance of the lead plaintiff “being hit by a foul ball in her chosen sections was roughly 0.0027% per game,” which was insufficient to demonstrate a “certainly impending” or “substantial risk” of future injury as required to satisfy the injury-in-fact element of Article III standing. [12/15/17]

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