Missed penalties are an expected part of the game. In my mind, the original lawsuit was dismissed because the plaintiff received the contracted entertainment, however the gambler bet on a game that was misrepresented. If you told a gambler that there will be missed penalties in the game, he would probably still make his bet; if you told him one side was filming the other team's practices outside the rules of the NFL, he probably would not make the bet or change his bet.