Josh Finkelman v. National Football League, et al (080501) (Statewide) - Published

(1) The term “person” in section 35.1 includes not only ticket brokers and resellers, but also other individuals and entities with “access to tickets to an event prior to the tickets’ release for sale to the general public.” N.J.S.A. 56:8-35.1. (2(a)) The sale of tickets to winners of the NFL’s ticket lottery constitutes a “release for sale to the general public” within the meaning of section 35.1. (2(b)) The Super Bowl tickets sold to lottery winners were the only 2014 Super Bowl tickets designated by the NFL for “release for sale to the general public” within the meaning of section 35.1, however. The NFL’s distribution of other tickets to the 2014 Super Bowl to its teams, other selected individuals, and entities therefore does not constitute the unlawful withholding of more than five percent of “tickets to an event prior to the tickets’ release for sale to the general public” under section 35.1.