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Kentucky Court of Appeals reinstates lawsuit by ticket broker

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The Judicial Update
Kentucky

April 15, 2012

Frankfort, Kentucky: On April 6, 2012 the Kentucky Court of Appeals reinstated a lawsuit by Indiana ticket broker Scott Davis against former Louisville assistant basketball coach Steve Masiello.[1][2] The lawsuit alleges that Masiello obtained $70,000 from Davis in order to purchase choice tickets for the Kentucky Derby and Oaks, but only $10,000 worth of tickets were given to Davis in return and Masiello kept the remainder of the money.[2]

The lawsuit was thrown out by judge Charles L. Cunningham Jr. of the Jefferson Circuit Court in December 2010. Cunningham found that it was not the business of the state to facilitate scalping, which is illegal in Kentucky.[1] However, the Kentucky Court of Appeals reinstated the case stating that, “There is nothing in the record to tell us whether any scalping took place in Kentucky, thus, as a matter of law, dismissal was inappropriate.”[2]

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