MLB Seeks Pre-Trial Appeal & Plaintiffs Seek Class Certification in Antitrust Broadcasting Litigation

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On Wednesday August 27, 2014, the MLB filed a motion for immediate interlocutory appeal with Judge Scheindlin in the Southern District of New York, seeking permission to appeal her recent order… in their current antitrust litigation case. The MLB’s geographically based broadcasting restrictions are currently being challenged in the SDNY by irate fans who are tired of blackout restrictions and the high prices of streaming games online.  Earlier this month, Judge Scheindlin ruled against the MLB’s motion for summary judgment, holding that the oft-cited antitrust
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Another Headache for the NCAA Concussion Litigation

mark-emmert-hammer1 Once again, the NCAA has found itself at the forefront of concussion-related litigation. A Montgomery County (Md.) Circuit Court Judge granted a motion to compel the NCAA president, Mark Emmert…, to be deposed in a lawsuit over the death of a college athlete. In 2011, the parents of a Frostburg State University (Frostburg) football player filed suit when their 22 year-old son, Derek Sheely, died after sustaining several concussions during preseason football training. The wrongful-death suit accused the football coach of conducting “gladiatorial” high-speed
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Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

Saleh As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns… linebacker continues to process its way through the California workers’ compensation system. In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002. When Saleh was traded to the Browns,
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CBS Sued Over Farting Hippopotamus

snapshot20061012205347 A recurring stuffed animal on the hit CBS show, NCIS, is causing the broadcasting corporation legal woes this week.  On August 25, CBS Broadcasting was sued by world renowned puppet maker, Folkmanis Inc.,  for infringing its copyrights by producing and selling “Bert the Farting Hippo…” products. Abby Sciuto, the goth forensic scientist on NCIS, introduced her furry, farting stuffed animal, Bert back in 2003.  Since his first appearance, Bert the Farting Hippo has made over a dozen appearances on the television show, garnering
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Appeals Court Agrees Cuban Is Not Mismanaging Mavericks.

download On Thursday August 21, judgment was entered in the Court of Appeals… for the Fifth District of Texas affirming the trial court’s November 2011 decision that the Dallas Mavericks were not being mismanaged and did not require court-appointed receivership. The lawsuit, filed in 2011 by previous majority owners, Hillwood Investment Properties III Ltd., claims that Mark Cuban’s ownership of the Mavericks has been “careless and reckless” resulting in a loss of substantial investment value to the now minority owners.  Hillwood is seeking court-appointed receivership due
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Contestant Sues Viacom; “Dating Naked” Was “Not What She Anticipated”

viacom-logo On Friday, August 22, a contestant from VH1’s series “Dating Naked” filed a $10 million lawsuit against Viacom …and two other production companies for broadcasting images of her naked. Jessie Nizewitz, a model from New York, participated in the reality television show “Dating Naked,”  which aired in July.  The show revolves around several male and female participants who strip down to the buff and go on dates with each other in an island paradise.  During an on-beach wrestling incident, Niewitz claims that her
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Moore and Bertuzzi Settlement Called Into Question

steve-moore The announced settlement between Steve Moore and Todd Bertuzzi, ending 10 years of litigation, has been called into question by Moore’s older brother Mark, who denies any such deal was reached. Merely hours after it was announced that the Moore and Bertuzzi lawsuit was settled outside of court, Mark Moore stated publicly that it is only a ploy.  Mark told reporters that his brother told him there was no deal and that the Moore legal team believes Bertuzzi and the Canucks were trying to pressure…
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No Copyright Protection in a Monkey ‘Selfie’

Monkey-takes-photo-001 The U.S. Copyright Office responded to a somewhat unconventional photograph of a female macaque monkey. The Copyright Office stated… that “a photograph taken by a monkey” is not eligible for copyright protection. In 2011, British photographer David J. Slater spent three days in Indonesia to photograph black macaque monkeys. During the three days, a female macaque snatched Slater’s camera and snapped a few pictures. One picture in particular was a macaque smiling into the camera; thus, the first monkey ‘selfie’ was born. Slater sold the
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NCAA Appeals O’Bannon Decision

NCAA-logo On Wednesday August 20, the NCAA filed the much anticipated notice of appeal from the judgment and order of Judge Claudia Wilken, which granted a permanent injunction on the NCAA’s ban of student athlete compensation. Judge Wilken entered the order… on August 8 in favor of the O’Bannon plaintiffs, ruling that the NCAA is in violation of antitrust laws by prohibiting the member schools from offering student-athletes a limited share of the revenues generated from the use of their names, images, and likenesses. Chief legal
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If Kevin Ward, Jr. Signed a Release, Would His Estate be Barred From Suing Tony Stewart, the Raceway, and Others?

stewart Sprint car driver Kevin Ward, Jr. died recently during a sprint car race at the Canandaigua Motorsports Park in Canandaigua, NY. He was struck and killed by a car driven by NASCAR champion Tony Stewart….  If Ward’s estate were to file a civil suit, the defendants would likely include Stewart, the raceway owner/operator, and Empire Super Sprints Inc., which is the sprint car series that sanctioned the race. One potential legal issue would be the extent to which a release/waiver of liability could be
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