LAS VEGAS (KTNV) — It has been about nine months since the Formula 1 2023 Las Vegas Grand Prix ended and some ticket holders are still waiting to see if they will get refunds.
That's due to what happened on the first night of the event.
What happened?
About nine minutes into the first practice session, Ferrari driver Carlos Sainz and Alpine driver Esteban Ocon ran over a valve cover, which damaged both of their vehicles.
Due to safety concerns, F1's governing body, the Fédération Internationale de l'Automobile (FIA), canceled the first practice session and delayed the second practice session.
Crews then fanned out across the circuit to check every valve cover on the track, which took several hours and led to the second practice session being pushed back to 2:30 a.m.
The second practice session was extended from an hour to an hour-and-a-half and eventually wrapped up around 4 a.m.
Fans areas were closed at 1:30 a.m., before the second practice session began.
Race officials previously told Channel 13 safety was a concern — and a big reason why they made that decision.
"We were concerned about our public safety and security officials who had been in service for a long time and who are being asked to work for the next three nights," Las Vegas Grand Prix officials said at the time.
"We were concerned about our transportation employees who are responsible for driving our fans back to hotels. By Federal law, they were bumping up against the amount of time they can legally and safely drive buses. Finally, our hospitality staff needed the ability to clean and resupply our guest areas to ensure that the fan experience is optimal for everyone over the coming days."
The next day, a class action lawsuit was filed against F1's parent company, Liberty Media, and the Las Vegas Grand Prix by ticket holders who claimed they should be reimbursed after being removed before the second practice session.
Where are we at now?
The case was originally filed in Clark County District Court and, in December, it was moved to federal court.
According to court records, no hearings have been held in the matter. However, attorneys for both Liberty Media and the ticket holders have filed documents outlining their arguments.
Those documents also state the proposed class includes more than 100 members, including people from Nevada and Arizona, and they "seek to recover all ticket prices that were not refunded to invitees and attendees of the Practice 1 session."
"Multiplying the low end of Plaintiffs' alleged ticket prices (i.e., $300) by the number of alleged attendees (i.e., 35,000) results in alleged damages of $10.5 million. That sum, moreover, does not account for the additional "out-of-pocket expenses" that Plaintiffs seek to recover for "transportation, lodging, food, merchandise sales, transaction fees, and other such expenses," a December court filing reads in part.
On June 7, attorneys for Liberty Media filed a motion to dismiss the lawsuit and, on July 5, attorneys for the ticket holders — who are being represented by Las Vegas firm Dimopoulos Injury Law — filed paperwork opposing the case's dismissal.
Here's what fans had to say after the first practice session came to an abrupt end
Here's a quick overview of their arguments.
CLAIM 1: Ticket holders did not get what they paid for
Liberty Media: Attorneys for Liberty Media state plaintiffs bought tickets to a "multiday, multievent" and that is "precisely what they received." Despite the practice session being cut short, attorneys argue the ticket holders still had access to "Grammy-award winning artists, food by James Beard award-winning chefs, and entertainment by the Strip's best performers."
Liberty attorneys also add the ticket holders "admit they had access to the event's third practice run, the qualifying run, and the exhilarating final race which literally came down to the last turn."
"Fans' disappointment that a sporting event did not live up to the hype or was temporarily disrupted due to unforeseen circumstances does not give rise to cognizable injury."
Attorneys also used several previous cases as examples, such as a class action complaint that boxers Manny Pacquiao and Floyd Mayweather worked a "magnificent con" on ticket holders by "allegedly concealing Pacquaio's pre-fight shoulder injury, resulting in a lackluster event rather than the promised 'Fight of the Century.'"
Ticket holders: Attorneys for the ticket holders argue that Liberty "fails to acknowledge that its own failure to detect problems with the cover's installation caused the delay that led to Liberty's eventual refusal and revocation of Plaintiffs' entry for the FP2 Practice Run."
"Part of that duty was to properly install and inspect ever cover before a single racecar went onto the track," the court filing reads in part.
When discussing examples like the Pacquiao and Mayweather fight, attorneys for the ticket holders argue it doesn't apply because, despite the event not living up to the hype, "the plaintiffs in those cases generally got to see the promised event."
CLAIM 2: Las Vegas Grand Prix ticket terms require refunds
Liberty Media: Attorneys state the ticket terms "flatly bar Plaintiffs' requested remedies" and that when it comes to requiring refunds, "that is now what the terms say at all."
Later in the court filing, attorneys argue that plaintiffs agreed that "IN NO EVENT" "SHALL" the promoter or its affiliates "BE LIABLE" for "CONSEQUENTIAL", "INCIDENTIAL," and "INDIRECT OR...DAMAGES OF ANY KIND," even if "REASONABLY FORESEEABLE."
"These terms squarely preclude Plaintiffs' claim for 'out-of-pocket' losses," Liberty attorneys stated.
Ticket holders: Attorneys argue Liberty points to a "single inconspicuous sentence buried deep into the ticket terms that reads: There are no refunds if a session or day or the event is delayed, interrupted, or not completed."
According to the ticket holders, it's hard to even find the ticket terms on the Las Vegas Grand Prix's website.
Later in the filing, they go on to claim that Liberty "represented to the larger public that the ticket terms 'allow refunds' under certain circumstances."
They included the following screenshot as an example.
"Again, it was Liberty who refused or revoked Plaintiffs' admission without cause depriving them the opportunity to watch the entire FP2 Practice Run. Under these circumstances, Plaintiffs are 'allowed' a refund."
While neither side addressed it, the Las Vegas Grand Prix did issue some refunds to Nevada residents who had one-day tickets to watch the first two practice sessions.
Race officials said they sent those guests a fan appreciation email with a $200 merchandise credit, although several viewers reached out to Channel 13 saying they didn't receive compensation, or only received credit for one of the tickets they purchased and not additional tickets.
You can read the most recent court filings below.
Liberty Media motion to dismiss complaint by jarah.wright on Scribd
Ticket holders' opposition to dismiss complaint by jarah.wright on Scribd
What happens next?
When looking at federal court records, no future hearings have been scheduled.
However, additional documents must be submitted as part of the discovery process by the end of the month.
Will this affect policies for this year's race?
Yes.
This year, race officials are hosting the F1 Las Vegas Grand Prix Fan Experience on Las Vegas Boulevard, across from the Wynn, on Friday, Nov. 22 and Saturday, Nov. 23. Tickets are free, but you do need to register for them.
As part of the registration process, you are required to read through the Las Vegas Grand Prix's ticket terms and policies.
You can learn more about the fan experience here.
When looking at this year's race schedule, the first two practice sessions are set for Thursday Nov. 21 at 6:30 p.m. and 10 p.m.
The third and final practice session as well as qualifying are scheduled for Friday, Nov. 22 at 6:30 p.m. and 10 p.m.
The race is set for Saturday, Nov. 23 at 10 p.m.
