As baseball fans in the East experience weather-related disruptions this weekend, it's perhaps a good time to take a break and mention a case from earlier this summer when the New York Yankees won a dismissal of a lawsuit involving the secondary market for tickets.
Weinstein v. eBay, Inc., No. 10 Civ. 8310(JFK), 2011 WL 2555861 (S.D.N.Y. June 27, 2011), involved claims against StubHub, the New York Yankees, and eBay. The court ruled that the plaintiff's claim should be dismissed, as the allegations did not set forth a claim that the defendants had violated New York statutes concerning the licensing of ticket resellers. Said the court:
StubHub does not sell tickets on behalf of the Yankees, it is a platform for third party owners to resell tickets. Although the 2007 agreement gives StubHub the ability to reissue tickets electronically, StubHub performs this service on behalf of the third party ticket seller, not the Yankees; the Yankees do not own or control the tickets that are sold on the secondary ticket market. Finally, there is no allegation that the Yankees have anything to do with the pricing or supply of tickets on StubHub, or that they exercise control over StubHub in any way. The Amended Complaint does not set forth any factual basis on which the Court can hold the Yankees liable for tickets lacking face value information that are sold on the StubHub website.
A summary of the opinion appears here.