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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.

New Jersey Court of Errors and Appeals2018-02-01No. R–9 September Term 2017; 080501
178 A.3d 68232 N.J. 98

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Opinion

majority opinion

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 appellants 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.