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'Most Frivolous' Wal-Mart Lawsuit Dismissed in N.J.

Thursday, October 30, 2014   (0 Comments)

Bergen Record (NJ) (07/17/14) Deak, Mike

A man's lawsuit against Wal-Mart and Ticketmaster because he could not get the Beach Boys concert tickets he wanted has been dismissed by a New Jersey appellate court, which upheld an earlier court dismissal. The judge who initially dismissed the lawsuit described it as "the most frivolous complaint I have ever seen." The plaintiff, who represented himself, said he used a Ticketmaster kiosk at a Wal-Mart store to purchase "reserved seats" for $153 per ticket, but claimed "the opportunity was squandered" because a Wal-Mart staffer was not immediately available to help him complete the transaction. The plaintiff alleged this constituted a violation of the New Jersey Consumer Fraud Act. Court papers said the complainant was able to purchase "outer perimeter" seat tickets for less money. He also filed motions to vacate the dismissal of his suit, which the judge denied. In its ruling, the appellate court said the plaintiff failed to demonstrate that the three elements of fraud—unlawful conduct, a loss, and a relationship between the two—were in effect.

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