Nooney v. StubHub, Inc.
Annotate this CaseJohn and Kimberly Nooney purchased tickets from StubHub, Inc. for a concert. The tickets were invalid, and the Nooneys were denied access to the concert. The Nooneys sued StubHub for breach of contract and fraudulent inducement. The circuit court granted StubHub’s motion to dismiss for failure to state a claim, but in doing so, the circuit court considered a document that was not attached to the complaint. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in considering the document without converting the motion to dismiss to a motion for summary judgment because the document was referenced in the complaint; but (2) erred in dismissing the complaint on the merits, as the Nooneys’ complaint stated a claim upon which relief could be granted.
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