Legal Opinion · Dissent

McMillan v. Live Nation Entertainment, Inc.

Supreme Court of Arkansas

Decided April 19, 2012No. 11-732Published

1DissentBrown, J.

The majority’s interpretation of Arkansas Code Annotated section 5-63-201 leads to absurd results that are plainly contrary to legislative intent. Ticketmaster, as the exclusive agent of Verizon Arena, is the first-time seller of the tickets at issue in this case and sets the box office sale price. It is not a scalper. I would not deem Ticketmaster guilty of criminal conduct under these circumstances. For that reason, I dissent.

lisThe statute in question is a criminal statute that makes it unlawful “for any person, corporation, firm, or partnership to sell or offer for sale any ticket to ...…

2Cases cited9 opinions

  1. Brock v. TownsellSupreme Court of Arkansas · 2009
  2. Dachs v. HendrixSupreme Court of Arkansas · 2009
  3. DaimlerChrysler Corp. v. SmelserSupreme Court of Arkansas · 2008
  4. Baker Refrigeration Systems, Inc. v. WeissSupreme Court of Arkansas · 2005
  5. Heikkila v. StateSupreme Court of Arkansas · 2003

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