Fanatics can refile suit vs. Harrison Jr., judge rules (2024)

GLENDALE, Ariz. -- A judge ruled Thursday that Fanatics will be allowed to refile its lawsuit against Arizona Cardinals wide receiver Marvin Harrison Jr. after two affidavits were filed in the past two weeks stating that it wasn't Harrison Jr. who signed the binding term sheet at the center of the suit.

Harrison Jr. said in an affidavit filed last month that it was his father, Marvin Harrison Sr., who signed the binding term sheet that has been at the center of that lawsuit, which Fanatics filed in May against Harrison Jr. for breach of contract, and not him.

The affidavit, which is dated July 26, the third day of Cardinals' training camp, centers around Harrison Jr. saying the agreement with Fanatics was between his company, The Official Harrison Collection, and Fanatics, and not between himself and Fanatics. Harrison Sr. said in another affidavit that he, indeed, signed the binding term sheet as an authorized representative.

"It is not an agreement between Fanatics and me," Harrison Jr. said in the filing. "I was never requested to, nor did I ever, sign any document that personally obligated me to do anything concerning the 'Binding Term Sheet.'"

Harrison Jr. also contends that Fanatics' lawsuit is in "error" for stating or intimating that he is a party to the binding term sheet.

"I never intended to be personally bound by the 'Binding Term Sheet' and I am not personally bound by it," Harrison Jr. said.

Fanatics now has about two weeks to refile its suit.

Also on Thursday, a second motion to dismiss the case by Harrison Jr.'s attorney, Andrew Staulcup, was denied. The first was denied because it was improperly filed.

In his affidavit, Harrison Jr. said he's the only owner and member of The Official Harrison Collection but stated that his father is an authorized representative of the company.

However, the binding term sheet, which ESPN has obtained a copy of, shows a signature that appears to be "MHJ," Harrison Jr.'s initials, which aligns with how Harrison Jr. has penned his signature on items that appear on The Official Harrison Collection website. There is no mention that it was signed by Harrison Sr.

In letters to Judge Anar Patel, who is overseeing the case in New York Supreme Court, Fanatics called the new revelations by Harrison Jr. and Harrison Sr. "surprises" and "astonishing."

The binding term sheet shows that Harrison Jr. was set to earn $1.05 million between April 1, 2024, and March 31, 2026, from Fanatics in exchange for game jerseys and more than 35,000 autographs.

On Monday, Fanatics refiled its lawsuit with certain parts unredacted that were redacted in the initial filing, including a detail that Harrison Jr. was paid $110,000 from Fanatics for autographs he provided from August to October 2023. A day later, in a joint one-page statement of facts, Harrison Jr.'s attorneys stated that Fanatics has not paid anything to Harrison Jr. because, in his affidavit, Harrison Jr. said that money went to The Official Harrison Collection via Topps, the trading card company that Fanatics acquired in 2022, and not to him personally.

Harrison Jr. said in his affidavit that he signed a Promotion and License Agreement with Topps in March 2023 that included a Letter of Inducement that would require him to provide the agreed upon services in the event that his company couldn't. Harrison Sr. said in his affidavit that he negotiated that agreement and also said that a Letter of Inducement was not included in the binding term sheet.

In his affidavit, Harrison Jr. contends that certain wording in the lawsuit is inaccurate. He said The Official Harrison Collection is not his "alter ego/agent," as the lawsuit states, because he was "advised that it is perfectly proper to conduct business and contract through limited liability companies and that when one does so there is no personal liability in the event that the company does not fulfill its contractual obligations." Harrison Jr. also cites separate bank accounts for himself and his company, as well as his company's own federal tax identification number and the company's ability to enter into contracts independent of him personally doing so.

The binding term sheet states that the agreement is between Fanatics and The Official Harrison Collection "for the services and rights of Marvin Harrison Jr." It goes on to state that "each party acknowledges and agrees that (i) it shall be legally bound by the terms and conditions of this Term Sheet."

Harrison disagrees, however.

"I believe that the Binding Term Sheet is not binding on anyone, not even The Official Harrison Collection LLC," Harrison Jr. said in the filing.

Harrison Jr.'s filing also contends that neither he nor his company have done business in New York, where the lawsuit was filed.

In separate filings this week, both Fanatics' and Harrison Jr.'s attorneys said they want to go to mediation to help with the settlement.