Simpson noted that Duncan testified she threw away the ticket after the read-out on a ticket scanner said, "Sorry. Not a winner." The attorney argued that people shouldn't be allowed to throw items away and then say, "'ooh, I want to un-abandon it.'"
I saw something about this on the news this morning. I think the above quote is the key point. She was told it wasn't a winner, so threw it away like any normal person would.
Does she have recourse against the finder? That's a totally different issue in my mind, and probably not "fair". I'd say she might be able to go after the convenience store or wherever the glitch originated that resulted in her being told it wasn't a winner though.