Nebraska is seeking a jury trial with the Federal Trade Commission and three other states in a federal lawsuit accusing Live Nation and its Ticketmaster subsidiary of violating the Better Online Ticket Sales Act.
The request was filed Oct. 27 in federal court in Los Angeles. Colorado, Florida and Illinois also joined the FTC and Nebraska in asking that jurors decide issues in the case. The lawsuit alleges that Live Nation and Ticketmaster resold tickets they knew, or should have known, were obtained by brokers who bypassed Ticketmaster’s purchase-limit controls.
“Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs Federal Trade Commission; the Attorney General of Colorado; the Office of the Attorney General, State of Florida, Department of Legal Affairs; the People of the State of Illinois; and the State of Nebraska demand a trial by jury on all issues so triable,” the plaintiffs said in the filing.
The jury demand applies only to claims that can be decided by jurors. The plaintiffs’ request for a court order prohibiting the alleged practices would remain a matter for the judge. Live Nation and Ticketmaster have denied the allegations in their answer to the complaint, according to the federal court filings described in the legal proceedings.
Trial proposals differ
The filing came on the final day allowed under federal civil procedure rules, 14 days after Live Nation and Ticketmaster filed their answer on Oct. 13. A party that does not make a timely jury demand generally waives that right for the issues involved. The filing also said that, under precedent in the U.S. 9th Circuit, one party’s valid jury demand can allow other parties to rely on it for the same issues.
That rule could affect Tennessee, Utah and Virginia, which also joined the FTC’s lawsuit but were not named in the jury demand. The filing did not provide a reason for their omission. The case includes federal and state claims arising from alleged ticket-resale practices, with the FTC and the states seeking remedies in federal court.
The parties offered different approaches for a trial. In a joint discovery and scheduling report filed Oct. 13, the plaintiffs proposed beginning a jury trial on April 24, 2028. Live Nation and Ticketmaster proposed a bench trial, meaning the judge would decide the case without a jury. The court has not ruled on the competing trial proposals.
The lawsuit is separate from the jury-demand procedure itself. A jury trial, if ordered, would address factual issues designated for jury consideration, while requests for injunctions or other equitable relief would remain with the court. The allegations have not been resolved, and the defendants are presumed not liable unless a court determines otherwise.
