SALEM — It's a case of three strikes, and maybe you're still not out.
A Salem lawyer is hoping to call Jordan's Furniture to account for its "Monster Sweep," a promotion that promised money back to some customers if the Boston Red Sox swept the World Series.
When the Sox instead lost Game 7 of the American League Championship Series in Tampa last October, it seemed as if Gisela Levin of Marblehead had been tagged out in her effort to gain nearly $5,000 in free goods. Levin, who has been advised not to talk to the press, made her purchases last spring during Jordan's March-to-May Monster Sweep promotion.
Enter lawyer John Yasi, 45. He won't say exactly how he entered, citing lawyer-client privilege, but he's been thinking about Jordan's promotion since before Levin bought her furniture.
Basically, Yasi charges that the whole deal is illegal, a lottery, gambling masquerading as fun and games. Customers were "enticed" to participate and to buy, he believes. In fact, he wants the court to accept him as the lawyer for a class of people including virtually everyone who purchased furniture during the Sweep period.
Eliot Tatelman, the high-profile CEO of Jordan's Furniture, reacted sharply to the lawsuit with a press release that is equal parts defense and advertisement.
"Both a state and federal judge have already ruled in our favor on this issue," he said. "At Jordan's, buying furniture is not a game of chance. All of our customers paid the same 'under prices' for their furniture — whether or not they participated in the Red Sox promotion — and each of them received the high-quality furniture Jordan's is known for. Calling that a lottery is absolutely ridiculous."
With Sox announcer Jerry Remy, Tatelman was the TV spokesman for the store's potential giveaway.
Waiting for the chance
Yasi, a Swampscott resident, filed his case in Suffolk Superior Court's Business Litigation Session. He might have tried to take the same action last year, "but (the Sox) won." Everyone got their money back after Boston swept Colorado (though there was no requirement that they sweep in 2007).
In 2008, it might be easier to prove damages, Yasi said. The state's criminal law forbids offering products where avoiding payment might depend on games of chance. Big companies like McDonald's get around this, he says, with fine print advising the public that no purchase is required.
Want to play the fast food giant's Monopoly game? Just ask.
At the same time, Yasi himself anticipates a lot of criticism over the lawsuit. Why doesn't he, for example, sue Sox manager Terry Francona for letting Josh Beckett pitch too many innings in Game 2 at Tampa?
Noting that he considered including the Sox as part of the Monster Sweep, Yasi quickly exonerates Francona: "He's done as good a job as anyone I've seen in my 45 years as a fan."
Didn't his client know the odds?
"That's not how the statute reads," Yasi said.
Isn't this just another lawyer trying to game the game?
"We believe it's a clear violation of the law," Yasi said. "If somebody is saying we're trying to make something out of nothing, they just don't agree with the law."
The Jordan's promotion operated thanks to an insurance policy that promised to pay the bills if the Sox won the World Series in four games. If a judge rules in favor of Levin and all those others who bought furniture, the money would come right out of the store's pocket.
Offering no sympathy, Yasi is girding for battle.
"Jordan's is as much a heavy hitter as you can get," he says, while describing his own firm, which includes his brother Paul, as "ho-hum, aw shucks, we're just local attorneys."
Yet, as he says it, Yasi sounds more like a man ready to take a hard cut at the ball.
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