An appellate court judge dismissed a recent lawsuit against Wal-Mart and Ticketmaster, calling the lawsuit “the most frivolous complaint I have ever seen.”

Edward J. Mierzwa sued the retail giant and ticket-service company after he couldn’t get the Beach Boys tickets he wanted at a self-service Ticketmaster at the local Wal-Mart. Rather than obtain tickets for the “reserved seats” that went on sale at 10 a.m., Mierzwa’s transaction wasn’t completed until 10:04 a.m., resulting in “outer perimeter” seats.

According to his lawsuit, “the opportunity was squandered” because a Wal-Mart employee was not immediately available to complete the transaction. Mierzwa claims the action was a violation of the New Jersey Consumer Fraud Act.

In tossing the complaint, the judge said Mierzwa still received the "best available seats" available when the order was entered.

In upholding the lower court ruling, the appellate court agreed with the dismissal of the suit, saying that Mierzwa failed to prove the three elements of fraud — unlawful conduct, a loss and a relationship between the unlawful conduct and the loss.
 
—Source: Texans for Lawsuit Reform