Skip to content

Spurs sued by Miami lawyer for resting top players vs. Heat

Jan 15, 2013, 6:57 PM EDT

San Antonio Spurs v Golden State Warriors AP

If you buy any product any product and it’s not what it is promised to be, you can ultimately sue the company that made it to get your money back.

Should you be able to sue a professional sports team if they do not provide the players expected to perform?

One Miami lawyer thinks so (and wants some publicity) so he has sued the San Antonio Spurs over he Thursday night game earlier this season when Gregg Popovich sent Tim Duncan, Tony Parker and Manu Ginobili. Darren Rovell at ESPN has the story.

On Monday, Larry McGuinness filed a class action suit in Miami-Dade County, stating that the team’s head coach, Gregg Popovich, “intentionally and surreptitiously” sent their best players home without the knowledge of the league, the team and the fans attending the Nov. 29 game against the Heat. McGuinness contends that he, as well as other fans, “suffered economic damages” as a result of paying a premium price for a ticket that shouldn’t cost more…

“It was like going to Morton’s Steakhouse and paying $63 for porterhouse and they bring out cube steak,” said McGuinness, who said he bought his ticket on the resale market. “That’s exactly what happened here.”

Not exactly. The Spurs reserves were not cube steak, they almost won in a dramatic game that came down to the final minutes. They are professional athletes, not some high school team. The entire suit seems to suggest that in buying a ticket to a live event you do not have any risk in the players who will be performing that day, which flies in the face of common sense.

However, is one of the challenges of the tiered ticket pricing a lot of teams are going to — it costs more to see the Heat or the Thunder or other elite/big draw teams than it does to see the Bobcats and Magic. While there is always a risk that a player or players may not play, if I’m paying more to see Duncan, Parker and Ginobili I want to see them. Especially if they are not injured.

You have to think this guy’s case is bolstered a little by the fact David Stern apologized to fans and fined the Spurs $250,000 for the incident.

The legal issues here could be interesting. Is the risk that key players may sit assumed in buying the ticket to a live event like this (sometimes on Broadway you get the understudy for a night)? Did he actually get his money’s worth? Does he even really have standing here?

To me, it sounds like a lawyer trying to get some publicity, but it will be interesting to see if he can find and make a case.

Latest Posts
  1. Lakers sign Wayne Ellington, who played best for Byron Scott

    Sep 22, 2014, 8:30 PM EDT

    Minnesota Timberwolves v Los Angeles Lakers Minnesota Timberwolves v Los Angeles Lakers

    Ellington, who played for Scott with Cavaliers, received partially guaranteed contract

  2. Blake Griffin understands that Los Angeles is still a Lakers’ town

    Sep 22, 2014, 7:40 PM EDT

    Kobe Bryant, Blake Griffin AP

    It’s not going to change anytime soon, either.

  3. Report: Jazz to work out John Stockton’s son

    Sep 22, 2014, 6:44 PM EDT

    WCC Basketball Tournament - Championship - Brigham Young v Gonzaga Getty Images

    David Stockton, an undrafted free agent out of Gonzaga, also worked out for Thunder

  4. Bruce Bowen says blame for James Harden’s defense falls on McHale, Rockets

    Sep 22, 2014, 5:14 PM EDT

    Los Angeles Lakers v Houston Rockets Getty Images

    The Rockets’ defensive system is not the problem with James Harden.

  5. Jazz sign Dahntay Jones

    Sep 22, 2014, 4:41 PM EDT

    Los Angeles Lakers v Atlanta Hawks Getty Images

    Jones previously played for the Grizzlies, Kings, Nuggets, Pacers, Mavericks and Hawks

  6. Report: Darko Milicic leaving basketball, taking up kickboxing

    Sep 22, 2014, 4:00 PM EDT

    Minnesota Timberwovles 2010 NBA Europe LIve Minnesota Timberwovles 2010 NBA Europe LIve

    Former Pistons No. 2 draft pick putting some distance between himself and basketball

  7. Caldwell Jones dies at 64

    Sep 22, 2014, 2:45 PM EDT

    Portland Trailblazers vs. San Antonio Spurs Portland Trailblazers vs. San Antonio Spurs

    Jones – who played for the 76ers, Rockets, Bulls (during Michael Jordan’s rookie season), Trail Blazers and Spurs – helped shape Tim Duncan’s career

  8. Tyson Chandler: ‘I’m going to make’ Mavericks defend

    Sep 22, 2014, 2:04 PM EDT

    Tyson Chandler, Ricky Rubio Tyson Chandler, Ricky Rubio

    Chandler: ‘We are going to be a great defensive team’

  9. NBA to review domestic violence policies in wake of NFL’s ugliness. It shouldn’t have taken that.

    Sep 22, 2014, 1:29 PM EDT

    Adam Silver Adam Silver

    There were multiple NBA players arrested on domestic abuse charges last year. The spotlight on those cases will be different now.

  10. Nuggets sign forward Marcus Williams

    Sep 22, 2014, 12:50 PM EDT

    Arizona Wildcats v North Carolina Tar Heels Getty Images

    This is the Marcus Williams who played at Arizona, not Connecticut

  11. Cavaliers lift ban on fan who ran onto court with LeBron James shirt

    Sep 22, 2014, 12:11 PM EDT

    A Cleveland Cavaliers fan interrupts play during their NBA basketball game against Miami Heat in Cleveland Reuters

    James Blair can watch LeBron in person in Cleveland again

  12. Blake Griffin said he knew Donald Sterling was racist, wasn’t really surprised by tape

    Sep 22, 2014, 11:30 AM EDT

    Blake Griffin GQ

    “The first thing I ever Googled about the man, the first thing that popped up was “racist.” So I was aware. I hate to say this, and it might sound ignorant, but I wasn’t surprised that all this came up.”—Blake Griffin on Donald Sterling

  13. ProBasketballTalk 2014-15 Preview: Chicago Bulls

    Sep 22, 2014, 10:32 AM EDT

    Chicago Bulls v Washington Wizards - NBA Global Games Rio 2013 Getty Images

    A healthy D Rose could have the Bulls contending for a title.

  14. Miami to stick with small ball, including Danny Granger getting time at the four

    Sep 22, 2014, 9:31 AM EDT

    Golden State Warriors v Los Angeles Clippers - Game Two Getty Images

    LeBron is gone but Miami is still playing small, pressuring the ball.

Featured video

What players stood out at World Cup?
Top 10 NBA Player Searches
  1. R. Rondo (2942)
  2. E. Bledsoe (2858)
  3. K. Bryant (2458)
  4. L. James (2394)
  5. D. Rose (2066)
  1. R. Allen (1942)
  2. N. Young (1803)
  3. J. Hickson (1639)
  4. K. Irving (1638)
  5. B. Jennings (1637)