New Jersey Sports Betting Denied Yet Again

Money in the hands of the people

The Third Circuit appeals court in Philadelphia rejected New Jersey’s recent attempt to legalize sports betting by denying their appeal of a lower ruling, finding a violation of the Professional and Amateur Sports Protection Act of 1992. Last October, New Jersey repealed the prohibition on sports betting activity only in racetrack’s and casinos.  A district court, however, granted the NFL and NCAA an injunction to stop any attempt at betting while the case was pending.  The court then found repealing the prohibition violates the PASPA.  New Jersey appealed to the Third Circuit and has once again lost by a 2-1 majority.  But New Jersey isn’t finished.  NJ Sen. Lesniak intends to appeal again and ask the entire Third Circuit to hear the case. The NFL and NCAA have been the ...
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NFLPA: Tom Brady Should’ve Been Fined, Not Suspended

iStock_000002268888_Large In a letter to U.S. District Court Judge Richard M. Berman, NFL Players Association lawyer Jeffrey Kessler argued that Tom Brady should have been fined, not suspended, as required by the league’s collective bargaining agreement (CBA). Furthermore, Kessler claimed that even if the suspension was in compliance with the CBA, it is still inappropriate because Brady was not given a notice of his suspension in advance. Kessler’s letter is a response to a filing by the NFL arguing that courts have the authority to vacate arbitration awards only in extraordinary circumstances and that out of the 19 arbitration decisions, previously cited by the NFLPA, that have been vacated by the same court hearing the DeflateGate case, only two have come since 2000. NFL attorney Daniel Nash had said, “These cases ...
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St. Louis City Court Rules: No Public Vote Required for St. Louis Stadium Plan Funding

iStock_000016648993_Large The future of the NFL in St. Louis is a story we’ve covered before. Now, as Stan Kroenke’s Los Angeles Stadium development begins to take flight, the proponents of the St. Louis Stadium plan received some positive news. On August 3, 2015, St. Louis Circuit Court Judge Thomas Frawley ruled; City ordinance 66509, codified as Chapter 3.91 of the Revised Code of the City of St. Louis requiring a public vote to use public money for a stadium is too vague and thus. invalid. Judge Frawley issued a 34-page order which concluded that the ordinance has so many “uncertainties” in totality that, “their sum makes a task for us which at best could only be guesswork.” Further, Judge Frawley ruled that the location of the proposed new stadium was in ...
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Super Bowl Seating Battle Not Over Yet: Ticket Holders Appeal

iStock_000002667580_Large Despite their win that awarded $75,000 in March, Super Bowl XLV ticket holders are appealing the trial court decision. In a court document filed on August 21 in the U.S. Court of Appeals for the Fifth Circuit, the ticket holders are asking the appeals court to overturn the district judge’s pretrial rulings. The ticket-holder appellants claim that the district court judge erred in denying class certification to those who were completely deprived of their seats and others who were relocated to seats with obstructed views. According to the court document, “The district court’s ruling that individual issues of reliance predominated over common issues was [in] error because the law recognizes a presumption of reliance in class cases asserting fraud based on a material omission.” Furthermore, the ticket holders allege the ...
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PGA Tour Seeks Early Exit from Caddy Ad Lawsuit

iStock_000003352653_Large (2) On Friday August 21, PGA Tour Inc. filed a motion to dismiss with federal court, seeking to end the antitrust class-action lawsuit waged against it by a group of tour caddies. The lawsuit, brought by 80 PGA Tour caddies back in February, stems from the bibs the PGA requires the caddies to wear while walking the tour courses during tournaments.  The bibs contain advertisements of Tour sponsors and the caddies are not compensated for the advertising space they are forced to wear.  The lawsuit alleges the PGA treats caddies as billboards, and the advertising space they carry amounts to $50 million per year.  The PGA determines what the caddies may wear, disallowing the caddies to seek endorsement deals of their own.  The caddies are also seeking punitive damages from the ...
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Jordan Awarded $8.9 Million in Advertising Dispute

canon 20D, PS CS3 On Friday, August 21, the six year legal battle between Michael Jordan and now-defunct Chicago-area supermarket, Dominick’s, has finally ended with Jordan securing yet another victory. A federal court jury in Chicago returned a verdict in Jordan’s favor, awarding him $8.9 million for the unauthorized use of his brand.  The litigation, lasting six years, stemmed from an ad run in the 2009 commemorative Sports Illustrated magazine, celebrating Jordan’s induction into the hall of fame.  The advertisement included a congratulatory statement to Jordan in addition to a $2 coupon for steak at the Chicago-area grocer.  It is reported that only two people redeemed the coupon that ultimately cost the company $8.9 million and plenty of legal fees. With fault already determined, last week’s trial focused on the amount Jordan should be ...
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Drug Promotion on Social Media By Consumers: Can It Be Regulated?

Photo This post first appeared on Goldberg Segalla’s Life Science Matters blog.  Kim Kardashian recently used social media to promote the use of a prescription drug. In her Instagram post, Ms. Kardashian told her followers that a physician recommended use of the drug Diclegis to alleviate her symptoms of morning sickness. Ms. Kardashian is not the only public figure to recently deal with morning sickness as the Duchess of Cambridge also dealt with this issue, reported here. Having experienced positive results following the use of this drug, Ms. Kardashian posted her intent to pair with the maker of Diclegic to “raise awareness about treating morning sickness.” Other than noting that studies have shown no increased risk to the baby due to the use of this drug, Ms. Kardashian did not reference any ...
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CFL Adding Additional Concussion Testing Protocol to Sideline Reviews

iStock_000044316626_Full Like many other professional sports leagues, the Canadian Football League (CFL) is currently facing litigation over concussion-related injuries as previously addressed in this post.  Potentially as a response to both litigation and increasing public awareness of the long-term effects of concussions, the CFL has recently announced that it will be adding the King-Devick test to its sideline testing protocols for suspected concussions.  The King-Devick test is touted as a two-minute test that can be administered by non-medical personnel and measures a potentially-concussed player’s response time in reading in reading single-digit numbers on printed cards or electronic media.  If there is a difference between the player’s baseline time to complete the test and the player’s time following a suspected head injury, it is recommended that the player be remove from the ...
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Snoop Dogg Slapped With Copyright Infringement Lawsuit

COPYRIGHT Calvin Broadus aka Snoop Dogg is faced with a copyright infringement suit brought by Fuzzy Logic Productions. According to court papers, Fuzzy Logic accused Snoop Dogg, JT the Bigga Figga, and their streaming app TrapFlix for making unauthorized sequels to “Snow and tha Bluff,” which Fuzzy Logic released in June 2012.  Based loosely on experience of Curtis Snow, a real resident of the Bluff — Atlanta’s roughest neighborhood — the film portrays a drug dealer’s life. Fuzzy Logic further claimed that Snoop Dogg violated trademark by using the titles “Snow on tha Bluff 2” and “Snow on tha Bluff 3” when the original title’s spelling allegedly has become a “famous and distinctive” trademark.  Fuzzy Logic also accused Snoop Dogg and TrapFlix attempting to register trademark “Snow on tha Bluff” as ...
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Doherty Sues Management Team Over Breast Cancer Diagnosis

lawsuit Former “Beverly Hills 90210″ star, Shannen Doherty, revealed Wednesday that she has breast cancer and filed a lawsuit against her old business management team for allowing her health insurance to lapse. The lawsuit alleges that her former business managers, Tanner Mainstain Glynn & Johnson LLP, failed to perform critical tasks under their agreement including paying her health insurance premium for 2014. It was not until after the firm terminated their relationship in February of 2014 that Doherty learned her insurance policy with the Screen Actors Guild had lapsed for that year. Doherty alleges that because her insurance had lapsed, she could not regularly visit the doctor and could not re-enroll until the 2015 re-enrollment period. She states in her complaint that she did not learn until a doctor visit in ...
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