Ager v. Goodell

Background

The plaintiffs filed a complaint against various people and entities involved in the National Football League. The complaint asserted claims for fraud, conspiracy, breach of contract, and unjust enrichment. It also stated that the plaintiffs were entitled to remedies under federal patent, trademark, and copyright law. The plaintiffs later filed an emergency motion for a preliminary injunction, which is a court order intended to provide temporary relief while a case is pending.

Jurisdiction and Pleading Problems

The complaint alleged diversity jurisdiction under 28 U.S.C. § 1332, but it did not allege the specific citizenship of each party. The court explained that this information is required to establish diversity jurisdiction.

The complaint also invoked patent, trademark, and copyright remedies without alleging that the plaintiffs owned a patent, trademark, or copyright. The court noted that merely mentioning a federal claim does not create federal subject-matter jurisdiction when the claim is plainly insubstantial, implausible, or immaterial.

Preliminary-Injunction Ruling

The court denied the plaintiffs’ emergency motion for a preliminary injunction. It gave two reasons. First, the jurisdictional allegations and the allegations concerning intellectual-property rights were inadequate. Second, the plaintiffs did not show that they would suffer irreparable harm—that is, harm that could not be adequately remedied with money damages. The court noted that the plaintiffs appeared to have waited years to seek relief and that any harm could be remedied through monetary damages.

Order to Show Cause

The court ordered the plaintiffs to show good cause in writing, no later than July 4, 2025, why the complaint should not be dismissed for lack of subject-matter jurisdiction. The opinion did not itself dismiss the complaint. The Clerk of Court was directed to terminate the docket entries for the preliminary-injunction motion and mail a copy of the order to the plaintiffs.