Finkelman v. Nat'l Football League, 178 A.3d 68, 232 N.J. 98 (2018)

Feb. 1, 2018 · New Jersey Court of Errors and Appeals · R–9 September Term 2017; 080501
178 A.3d 68, 232 N.J. 98

Josh FINKELMAN, on Behalf of Himself and the Putative Class, Plaintiff-Appellant,
v.
NATIONAL FOOTBALL LEAGUE, NFL Ventures, L.P., NFL Properties, L.L.C., NFL Ventures, Inc., NFL Enterprises, L.L.C., Defendants-Respondents.

R-9 September Term 2017
080501

Supreme Court of New Jersey.

February 1, 2018

ORDER

The United States Court of Appeals for the Third Circuit having certified to the Supreme Court a question of law pursuant to Rule 2:12A-3; and the Court having determined to reformulate the question in accordance with Rule 2:12A-2 to the following questions:

1) Is the term "person[ ] who has access to tickets to an event prior to the tickets' release for sale to the general public," as that term is used in N.J.S.A. 56:8-35.1, limited to ticket brokers and resellers?
2) Are tickets to an event that are sold to winners of a lottery "release[d] for sale to the general public" within the meaning of N.J.S.A. 56:8-35.1, and, if so, are tickets distributed to selected entities "[withheld] . from sale to the general public" within the meaning of N.J.S.A. 56:8-35.1?

And the Court having determined to accept the reformulated questions;

It is ORDERED that appellant shall file an original and eight copies and serve a brief addressing the certified questions within thirty days after the filing date of this Order, respondents shall file and serve a like number of copies of its brief within twenty-one days after the filing of appellant's brief, and appellant shall file and serve a reply brief, if any, within seven days after the filing of respondents' brief. The Clerk of Court shall thereafter set the matter for oral argument in due course.