Yankees Win! Yankees Win! … In A Case Involving Resale Of Tickets
A federal district court in New York has dismissed a complaint against the New York Yankees, eBay, and StubHub that alleged a deceptive practice in connection with the online resale of baseball tickets by StubHub.
The court, in Weinstein v. eBay, Inc., 10 Civ. 8310 (JFK) (SDNY June 27, 2011), found that the plaintiff had not stated an adequate claim that StubHub's online marketplace evaded certain New York state licensing requirements governing ticket resellers and that StubHub's failure to disclose a seller's identity and the face value of resold tickets was a deceptive practice in violation of New York law.
Among other things, the court decided that the plaintiff had 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” and that the plaintiff “simply has not pleaded any deceptive act by any of the three Defendants.”
Attorneys involved in this case include Randall Newman, Newman & Associates, P.C.; Mark Rifkin, Wolf Haldenstein Adler Freeman & Herz LLP; and David Lender, Eric Hochstadt, and Mark Fiore, Weil, Gotshal & Manges LLP.