TM Suit Tossed - Pollstar News

A New Jersey appeals court has backed a lower court’s decision to toss a man’s lawsuit against Ticketmaster and Walmart.

The suit, which the judge called “patently frivolous,” stemmed from a man not being able to purchase Beach Boys tickets at a TM kiosk at the exact moment they went on sale.

Edward Mierzwa’s suit contended he went to a Walmart in North Brunswick on Feb. 25, 2012 with the intention of scoring tickets at a self-serve Ticketmaster kiosk that had been advertised to go on sale at 10 a.m.

But because an employee was not immediately available to assist him in completing the transaction, Mierzwa claimed “the opportunity was squandered” for him to buy the premium seats he’d wanted. He ended up with seats in the outer perimeter instead and filed suit citing the state’s Consumer Fraud Act.

In its decision, the appellate court agreed Mierzwa had failed to prove unlawful conduct, loss and a relationship between the two, the Daily Record reported.