The National Football League notched a win Jan. 31 after the Third Circuit affirmed dismissal of a class action alleging the league is responsible for inflated Super Bowl ticket prices.
Josh Finkelman, who bought two tickets to the 2014 Super Bowl for $2,000 each, alleged the league broke a New Jersey consumer protection law meant to curtail holding back tickets from their initial sale to the public.
The league gave 99 percent of game tickets to NFL teams and other entities connected to the league. That left just 1 percent to be sold to the public through an NFL-sponsored lottery.
The U.S. Court of Appeals for the Third Circuit asked the New Jersey Supreme Court if this violated the state’s ticket law. The state’s top court said Jan. 9 it did not.
“There is little left for us to do,” the Third Circuit said in the Jan. 31 opinion.
Judges D. Brooks Smith, Julio M. Fuentes and Leonard P. Stark, sitting by designation from the U.S. District Court for the District of Delaware.
Nagel Rice represented the fans.
Fox Rothschild and Haynes & Boone represented the NFL.
The case is Finkelman v. Nat’l Footbal League, 3d Cir., No. 16-4087, unpublished 1/31/19.
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