Commanders Win Key Fourth Circuit Reversal Regarding E-Tickets

Skadden secured a precedent-setting victory before the U.S. Court of Appeals for the Fourth Circuit on behalf of Pro-Football, Inc. (known as the Washington Commanders) and WFI Stadium, Inc. regarding whether the Commanders’ arbitration clause binds fans who entered the stadium using tickets presented on someone else’s smartphone. The appeal arose from a lawsuit that Philadelphia Eagles fans brought after being injured at a football game at the Commanders’ stadium. The Fourth Circuit reversed the district court’s decision and held that apparent authority agency principles bound the plaintiffs to any arbitration agreement that their friend or relative entered into with the Commanders. The decision is important precedent not just for the Commanders, but for any operator of ticketed events where attendees can enter with electronic tickets. Shay Dvoretzky and Anthony Dreyer led the Skadden team.