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Updated: Proposed Class Action Filed By N.F.L. Cheerleaders Dismissed


Earlier this year, a proposed class action lawsuit was filed by several cheerleaders of the San Fransisco 49'ers and Oakland Raiders on the grounds that they were being improperly paid low wages in violation of the Fair Labor Standards Act ("FLSA").  That suit, which named all 26 teams which have cheerleaders along with the N.F.L. itself, alleged a broad, decades long conspiracy among teams and the League to keep wages low across the board for cheerleaders in the League.  The proposed class action sought damages between $100 and $300 million.

In late May, the District Judge hearing the case, Judge William Alsup, dismissed the suit on the grounds that sufficient facts had not been plead to establish a valid antitrust claim.  Of note, however, is that Judge Alsup gave the cheerleaders a chance to amend the suit and refile by June 15th.  At the time of the dismissal, the attorney representing the proposed class announced that the suit would be amended and "significant facts" had been uncovered which he believed would likely allow the suit to proceed.

Stay tuned.


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