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Suits Alleging Unfair Ticket Practices Tossed by N.J. Judges

Thursday, March 19, 2015   (0 Comments) (03/06/15) Genova, Jennifer

Both Live Nation Entertainment and the National Football League (NFL) earlier this year won individual federal court victories in potential class-action suits. Judges in New Jersey threw out the suits, which accused the companies of unlawful conduct, discriminatory ticket practices, and violations of the state's Consumer Fraud Act. U.S. District Judge Peter Sheridan dismissed Finkelman v. National Football League on Jan. 21, and U.S. District Judge Anne Thompson dismissed Forst v. Live Nation Entertainment on Feb. 27. Thompson’s written opinion prohibited would-be ticket buyers from becoming class members, writing "there appears to be no reliable and administratively feasible means of identifying nonpurchasers who would have bought concert tickets but for defendants' allegedly unlawful conduct." Both judges also dismissed with prejudice claims of unjust enrichment in their respective suits, citing no demonstration of a "sufficiently direct relationship" between plaintiffs and defendants. Both cases alleged the general public was at an unfair advantage to obtain tickets to two high-profile events: Super Bowl XLVIII and Bruce Springsteen's 2012 "Wrecking Ball" tour, both held at MetLife Stadium. In Finkelman, plaintiff Josh Finkelman said the NFL illegally withheld nearly all available tickets for corporate use instead of releasing them for sale to general consumers. In Forst, plaintiff Marilyn Forst claimed Live Nation had deals with ticket brokers or others allowing them to purchase large blocks in advance before the general public was given a chance.


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