kolbitr
Third String But Playing on Special Teams
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- Mar 30, 2006
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It's such a bizarre lawsuit that it's hard to figure what the liability would be. They're claiming that this is a consumer fraud issue, which means they're entitled to the ticket price tripled (the x3 comes from NJ statutes). The problem is, as far as I understand it there needs to be a business/consumer relationship in order for there to be consumer fraud, and there isn't any such relationship between him and the Patriots - they bought their tickets from the Jets. They should sue the Jets and if they prevail (still not a chance) the Jets would sue New England to try to and recover their losses.
The other issue here is of supplemental jurisdiction/pendent jurisdiction. A federal court can only hear claims under state law if they also relate to a valid claims under federal law in front of the court. They're suing under RICO, a federal law, and NJ consumer protection laws. Winning under RICO requires them to prove racketeering, and if the RICO claim is tossed then the consumer fraud claim also has to be dropped - or at least removed to state court. Somehow I don't think Kraft and Belichick are losing sleep over this one...
Your expertise and insight on this and other matters legal is much-appreciated! Thanks, and kudos.