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HILL v. STUBHUB, INC.

No. COA11-685.

727 S.E.2d 550 (2012)

Jeffrey A. and Lisa S. HILL, individually and on behalf of all others similarly situated, Plaintiffs v. STUBHUB, INC. d/b/a "StubHub!" and/or "stubhub.com", Justin Holohan, and "John Doe Sellers 2" et. al., Defendants.

Court of Appeals of North Carolina.

March 6, 2012.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jeffrey E. Oleynik , Greensboro, and Charles E. Coble , Raleigh, and the Law Offices of Jeffrey K. Peraldo, PA, by Kara W. Edmunds , Greensboro, and Jeffrey K. Peraldo for Plaintiffs Jeffrey A. and Lisa S. Hill.

K & L Gates, LLP, Charlotte, by John H. Culver III , and Molly L. McIntosh ; Weil, Gotshal & Manges LLP, New York, by David J. Lender ; and Cooley Godward Kronish LLP, by Michael G. Rhodes , for Defendant StubHub, Inc.

Wilmer Cutler Pickering Hale & Dorr LLP, Washington, by Patrick J. Carome , Samir Jain , Daniel P. Kearney, Jr. , and Womble Carlyle Sandridge & Rice, PLLC, Raleigh, by Burley B. Mitchell, Jr. , and Robert T. Numbers II , for Amicus Curiae Center for Democracy & Technology; Computer & Communications Industry Association; Consumer Electronics Association; Ebay, Inc.; Electronic Frontier Foundation; Internet Commerce Coalition; NetChoice; NetCoalition; Public Knowledge; TechAmerica; and TechNet.

ERVIN, Judge.

Defendant StubHub appeals from an order granting summary judgment in favor of Plaintiffs Jeffrey A. and Lisa S. Hill with respect to their claim that Defendant engaged in unfair or deceptive trade practices by violating the provisions of N.C. Gen.Stat. § 14-344. On appeal, Defendant argues that Plaintiffs' "ticket scalping" claim is barred by 47 U.S.C. § 230 and that Defendant did not violate the "fee" provisions of N.C. Gen.Stat. § 14...

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