Third Circuit: Josh Finkelman v. National Football League

Standing.

No Article III standing for challenge to NFL ticket prices, as no ticket was purchased, and the plaintiff didn't show that a more democratic ticketing system would have allowed him to go to the Super Bowl.

Second plaintiff who purchased ticket has no Article III standing, as he didn't attempt the lottery in additional to the premium ticket purchase, and can't therefore challenge the lottery practices, and the harm sustained by a secondary market purchase isn't the difference from face, but the unknowable difference from a ticket purchased in another version of the market.

Analogy to Twombly - facts consistent with a thing versus the thing itself.

http://www2.ca3.uscourts.gov/opinarch/151435p.pdf