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Legal experts: Saints fans' no-call lawsuit is a 'waste of time'

Attorney and WWL-TV legal analyst Chick Foret said that he expects the lawsuit attorney Frank D'Amico Jr. filed Tuesday will go nowhere.

NEW ORLEANS — Can a lawsuit force a rematch of the NFC Championship game? Legal experts say New Orleans Saints fans should not get their hopes up.

Attorney and WWL-TV legal analyst Chick Foret said that he expects the lawsuit attorney Frank D'Amico Jr. filed Tuesday will go nowhere.

"Is there a legal remedy? Can Saints fans recover damages for this non-call by the referee? The simple answer is no," Foret said.

Watch the full interview with Foret and WWL-TV reporter Leslie Spoon below. Can't see the video? Click here.

The lawsuit, filed on behalf of Saints season ticket holders Tommy Badeaux and Candis Lambert,  in Orleans Parish Civil District Court would compel NFL Commissioner Roger Goodell into court to explain why he is not enforcing a league rule.

The lawsuit argues Rule 17, section 2, article 1 in the NFL rulebook would allow Goodell to reverse or reschedule the outcome of a game.

RELATED: Will 'Rule 17' save the Saints' Super Bowl dream? Probably not

Tulane University Sports Law Professor Gabe Feldman told Eyewitness News that the rule only applies if something unforeseen happened in an NFL game like part of the ceiling falling in the Mercedes-Benz Superdome. 

"It doesn't seem to give the commissioner the power to overturn even an obviously wrong official's decision," Feldman said.

Feldman said he expects the judge to dismiss the lawsuit.

"It may have been cathartic to the fans. It may be cathartic for the city. But it has almost no legal basis, Feldman said. "Even if the fans have standing to bring this suit, which is not clear they do, there are no legal grounds for the lawsuit."

RELATED: Can the 'no-call lawsuit' from New Orleans lawyers actually work?

Foret said D'Amico filed for a "write of mandamus" which is normally used against government officials.

"There's no substance to it. There's no legal remedy. It's a waste of time, energy and emotions," Foret said. 

The legal action comes after a blown call in the fourth quarter of Sunday's game. With 1:49 left to play in a 20-20 game, Saints quarterback Drew Brees threw a pass to Tommylee Lewis. Rams' cornerback Nickell Robey-Coleman tackled Lewis well before the arrival of the ball. Game officials let the play stand without calling a penalty.

D'Amico added the "no-call" was so egregious, that Commissioner Goodell can't ignore it.

RELATED: Mouton: NFL's silence on NFC Championship fiasco is bad PR

"It looks like the fix was in. It totally disgraces the Super Bowl," D'Amico said. "There's no legitimacy to the Super Bowl. The Rams should not be going."

Among the damages claimed in the lawsuit: past, present and future mental anguish and emotional trauma, loss of faith in the NFL, loss of enjoyment of life and "distrust of the game which has become the national pastime."

The lawsuit doesn't give a dollar figure for the alleged damages but asks a judge to set a hearing prior to the Super Bowl on Feb. 3.

"There are going to be changes that are made because of this no-call, but as far as the Saints getting a do-over, it's not going to happen," Foret said.

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WWL-TV reporter Paul Murphy contributed to this report. 

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