VKK CORP. v. NATIONAL FOOTBALL LEAGUE

Docket No. 99-7876.

244 F.3d 114 (2001)

VKK CORPORATION, VKK Patriots, Inc. and Victor K. Kiam, II, Plaintiffs-Counter-Defendants-Appellants, v. NATIONAL FOOTBALL LEAGUE, B & B Holdings, Inc., The Five Smiths, Inc., Buffalo Bills, Inc., The Chicago Bears Football Club, Inc., Cincinnati Bengals, Inc., Cleveland Browns Football Co., Dallas Cowboys Football, Inc., PDB Sports Inc., The Detroit Lions, Inc., The Green Bay Packers, Inc., Houston Oilers, Inc., Indianapolis Colts, Inc., Kansas City Chiefs Football Club Inc., Miami Dolphins, Ltd., Minnesota Vikings Football Club, Inc., New York Football Giants, Inc., New York Jets Football Club, Inc., Pittsburgh Steelers Sports Inc., San Diego Chargers Football Co., Seattle Seahawks, Inc., Tampa Bay Area NFL Football, Inc., PRO Football, Inc. and Touchdown Jacksonville, Ltd., Defendants-Counter-Claimants-Appellees, Touchdown Jacksonville, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: March 14, 2001.

Errata Filed: April 2, 2001.


Attorney(s) appearing for the Case

Steven R. Kuney, Williams & Connolly, Washington, DC (Mark S. Levinstein, Williams & Connolly, Washington, DC, of counsel; Robert M. Heller, Kramer, Levin, Naftalis & Frankel LLP, New York, NY, of counsel), for Plaintiffs-Counter-Defendants-Appellants.

Gregg H. Levy, Covington & Burling, (Sonya D. Winner, Covington & Burling, Washington, DC, of counsel; Shepard Goldfein, Skadden, Arps, Slate, Meagher & Flom, New York, NY, of counsel), for Defendants-Counter-Claimants-Appellees.

Allen G. Reiter, Esq., Cooperman Levitt Winikoff Lester & Newman, PC, New York, NY; Terrance E. Schmidt, Bledsoe, Schmidt, Lippes, Moonly & Roberson, PA, Jacksonville, FL, for Defendant-Appellee Touchdown Jacksonville, Inc.

Steven A. Werber, Foley & Lardner, Jacksonville, FL, for Defendant-Counter-Claimant-Appellee Jacksonville Jaguars, Ltd., f/k/a Touchdown Jacksonville, Ltd.

Before: OAKES, CABRANES, and SACK, Circuit Judges.


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...

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