Charlie Ebersol, the co-founder of the now-defunct AAF, responded to a lawsuit filed by the league’s former players by alleging that it was the AAF players who committed “intentional misrepresentations” and fraud, legal documents show.
A class-action suit filed in April filed by former players, alleged that Ebersol and co-defendants Tom Dundon and Legendary Field Exhibitions, LLC, among others, committed fraud and didn’t live up to their contracts.
In the complaint, it is alleged that Dundon, Ebersol and others “concealed and suppressed a material fact about their intentions for the long-term viability of the Alliance of American Football.” The league shutdown before the end of its first season and filed for Chapter 7 bankruptcy in April.
Ebersol’s response document does not say what type of fraud or misrepresentation he is alleging that the players committed. The document does allege that the plaintiffs had “material breaches of obligations” and “directly interfered with Defendant’s performance of its obligations” but does not state what those breaches or interference are.
It also also says Ebersol “denies, both generally and specifically, each and every allegation contained in the Plaintiff’s Complaint” and believes the plaintiffs are not entitled to any damages and Ebersol “acted reasonably, in good faith and without malice based upon all relevant facts and circumstances known by Defendant at the time.” Ebersol also alleges that the Plaintiffs should not receive any damages due to the “negligent” and “intentional intervening acts of a third party,” shielding Ebersol from liability. The document does not say who the third party is.
Ebersol is also alleging that the players should be “barred from claiming any injuries or damages because such injuries and damages are the sole, direct and proximate result of Plaintiffs’ conduct.” The document does not state what that conduct is.
“We’re frustrated that the league, from the beginning, has decided to treat the players like this,” said Jonathon Farahi, the attorney for the players. “Football is a competitive, violent sport, and this league failed to keep up its promise to its players. From Day 1, Charlie Ebersol and all of the backers of the AAF promised the players one thing, that this was a players’ league.
“Their actions have been completely different in reality.”