749 Fed.Appx. 119 (3rd Cir. 2019), 16-4087, Finkelman v. National Football League

Docket Nº:16-4087
Citation:749 Fed.Appx. 119
Opinion Judge:FUENTES, Circuit Judge.
Party Name:Josh FINKELMAN, on Behalf of Himself and the Putative class, Appellant v. NATIONAL FOOTBALL LEAGUE; NFL Ventures, L.P.; NFL Properties, L.L.C.; NFL Ventures, Inc.; NFL Enterprises, L.L.C.
Attorney:Greg M. Kohn, Esq., Bruce H. Nagel, Esq. [ARGUED], Robert H. Solomon, Esq., Andrew I. Pepper, Esq., Diane E. Sammons, Esq., Nagel Rice, Attorney for Appellants Karen A. Confoy, Esq., Steven J. Daroci, Esq., Fox Rothschild. Jonathan D. Pressment, Esq. [ARGUED], William Feldman, Esq., Haynes & Boon...
Judge Panel:Before: SMITH, Chief Judge, FUENTES, Circuit Judge, and STARK, Chief District Judge
Case Date:January 31, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
FREE EXCERPT

Page 119

749 Fed.Appx. 119 (3rd Cir. 2019)

Josh FINKELMAN, on Behalf of Himself and the Putative class, Appellant

v.

NATIONAL FOOTBALL LEAGUE; NFL Ventures, L.P.; NFL Properties, L.L.C.; NFL Ventures, Inc.; NFL Enterprises, L.L.C.

No. 16-4087

United States Court of Appeals, Third Circuit

January 31, 2019

NOT PRECEDENTIAL

Argued July 12, 2017

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey (D.C. No. 3:14-cv-00096), District Judge: Honorable Peter G. Sheridan

Greg M. Kohn, Esq., Bruce H. Nagel, Esq. [ARGUED], Robert H. Solomon, Esq., Andrew I. Pepper, Esq., Diane E. Sammons, Esq., Nagel Rice, Attorney for Appellants

Karen A. Confoy, Esq., Steven J. Daroci, Esq., Fox Rothschild.

Jonathan D. Pressment, Esq. [ARGUED], William Feldman, Esq., Haynes & Boone, Attorneys for Appellees

Before: SMITH, Chief Judge, FUENTES, Circuit Judge, and STARK,[*] Chief District Judge

OPINION

FUENTES, Circuit Judge.

Page 120

Plaintiff Josh Finkelman brought this suit against the National Football League ("NFL") in 2014, alleging that the NFL’s ticket distribution for the Super Bowl that year violated the New Jersey Ticket Law. According to Finkelman, the NFL designated 99% of Super Bowl tickets for distribution to NFL teams, companies, broadcast networks, media sponsors, the Super Bowl host committee, and league insiders. The remaining 1% of tickets were sold through a lottery system available to the general public. Finkelman alleges that this practice violates Section 35.1 of the Ticket Law, which made it unlawful for a person "who has access to tickets to an event prior to the tickets’ release for sale to the general public" to withhold more than 5% of those tickets.1

I. Background and Prior Opinions

We first assessed this case in 2016 and concluded that Finkelman lacked standing because he had not alleged that the NFLs allegedly unlawful practice of withholding more...

To continue reading

FREE SIGN UP