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Appeals court dismisses Spygate lawsuit

Argument found to not have merit Aaron Wilson

Print This May 19, 2010, 04:55 PM EST

Now, Spygate is really dead and buried.

A U.S. appeals court rejected an appeal from Carl Mayer, a New York Jets season ticket holder who attempted to obtain legal damages from the Spygate episode involving the New England Patriots.

The fan, who's also a lawyer, was seeking $185 million in damages for the Jets' fans.

"We do not condone the conduct on the part of the Patriots and the team's head coach, and we likewise refrain from assessing whether the NFL's sanctions [and its alleged destruction of the videotapes themselves] were otherwise appropriate," Senior Judge Robert E. Cowen wrote for the three-judge panel. "At best, he possessed nothing more than a contractual right to a seat from which to watch an NFL game between the Jets and the Patriots, and this right was clearly honored."

Cowen opined that the Patriots being fined $750,000 was sufficient. He did call the illegal taping a "horrendous violation."

Mayer plans to appeal the lawsuit to the U.S. Supreme Court.

"We think the matter might be of interest to the Supreme Court," Mayer said. "We never surrender."

The Patriots' lawyer, Daniel Goldberg, weighed in with the following statement: "We always viewed this as a frivolous lawsuit, brought to the court by a Jets season ticket holder who happens to be a lawyer."

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