DraftKings slams class action lawsuit over Damar Hamlin collapse

DraftKings has laid into a class action lawsuit over its decision to refund bets on an NFL match where Buffalo Bills player Damar Hamlin had a cardiac arrest, suggesting the plaintiff concerned is attempting to “capitalize” on Hamlin’s predicament for his own purposes.

The Boston-headquartered operator took aim at plaintiff Simpson G. Turley in a memorandum filed with the US District Court in Massachusetts, questioning the timing of the lawsuit, which was filed on January 9.

“Plaintiffs are now trying to capitalize on the tragic and unprecedent circumstances of the unfinished Game – contrary to the applicable Showdown Rules,” lawyers for DraftKings said in response to the initial complaint.

“Because Plaintiffs were allegedly winning in their respective Showdown contests at the time the Game was postponed (at the 5:58 minute mark of the first quarter), Plaintiffs are unhappy that the Showdown Rules required DraftKings to refund the entry fees of all contestants rather than pay Plaintiffs their alleged winnings,” it adds.

DraftKings is requesting the suit be tossed out of court.

Hamlin collapsed during the game between the Buffalo Bills and Cincinnati Bengals on January 2 after suffering a cardiac arrest, during which his heart stopped twice. He was rushed to hospital and is currently recovering from the ordeal.

The game was suspended, with the NFL later canceling the game on January 5. DraftKings was among a number of operators to implement a blanket refund policy on its sports betting and DFS contests relating to the game, a policy which eventually drew the lawsuit from Turley.

At the time of the game’s suspension, Turley’s fantasy football team had accrued 23.35 points and was ranked first in his $20,000 NFL Showdown contest. It was also ranked in second spot in a second separate contest, this time for a $15,000 prize pot.

Evidence in Turley’s class action case includes screengrabs of his DraftKings account showing that prior to the suspension he was in line for $8,000 in winnings, funds which his lawsuit calls for reparation.

DraftKings’ policy on suspended or shortened games states that in the event of a suspension by the NFL then statistics generated before the game is halted will count in so-called ‘Game Sets’ containing the respective game. Any statistics produced on a later date the game resumes will not be included.

“DraftKings arbitrarily chose to apply the statistics from the suspended Buffalo Bills-Cincinnati Bengals game (as played up to 5:58 remaining in the first quarter) to certain contests and offer payouts to customers leading in those contests, while refusing to apply the same statistics from the game to other contests and refusing to offer the same payouts to customers leading in those contests,” Turley’s suit stated.

In respect of the game itself, DraftKings determined that accrued points would only apply in its NFL Classic DFS contests, with players in those games receiving credits for points accrued up to the suspension of the game, and accordingly receiving their winnings.

In contrast, Draftkings canceled entries in its Showdown and Flash Draft contests, offering customers refunds.

“These determinations by DraftKings are improper, are in violation of DraftKings’ own contest rules, are a breach of contract, violate state consumer protection laws, and deprive Plaintiff Turley and the Class Members of winnings to which they are undoubtedly entitled,” the complaint stated.

The case continues.