Finkelman v. National Football League, 013119 FED3, 16-4087

Docket Nº:16-4087
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 & Boone Attorneys...
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
 
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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NOT PRECEDENTIAL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

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 OF THE COURT

FUENTES, Circuit Judge.

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 NFL's allegedly unlawful practice of withholding more than 5% of the available tickets for the Super Bowl caused price inflation on the resale market. We then remanded to the District Court to consider whether amendment was appropriate. The District Court granted Finkelman leave to amend, and then again dismissed the...

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