Druyan v. Jagger, 508 F.Supp.2d 228 (S.D.N.Y. 2007) (full-text).
Factual Background Edit
Ticketholders brought a class action suit against the Rolling Stones' lead singer (Mick Jagger) and online vendor Ticketmaster, for breach of contract, fraud, tort, and violation in truth in advertising under New York law. The plaintiff claimed that the defendants intentionally withheld timely notice of postponement of a concert, and continued to sell tickets, until 4 p.m. the day of the concert, causing the class members to incur expenses such as food, travel, and hotels.
Trial Court Proceedings Edit
Although Plaintiff did not attach these documents to the complaint he did attach an email alert from Ticketmaster stating the concert will be happening soon and advertising hotel accommodations and other entertainment in Atlantic City.
The fraud claim was also viewed as "absurd" and was duplicative of the breach of contract claim. Ticketmaster did not to have any extracontractual duties to a buyer. Plaintiff's asserted "unique" or "special" relationship did not exist in a traditional buyer-seller transaction online where advertisements exist.
Looking at all the evidence for the 12(b)(6) motion and drawing all reasonable inferences in favor of the plaintiff the court granted the motion to dismiss.