Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

October 7, 2015 Fantasy Sports

NY Attorney General To Investigate Fantasy Websites

On Tuesday, October 6, 2015, New York Attorney General Eric Schneiderman began an investigation into DraftKings and FanDuel, the two largest daily fantasy sports websites. The investigation comes as a result of news that the two companies allow their employees, many of which have information not available to the public, to play each other and win large payouts.

Schneiderman sent letters to the CEOs of both companies requesting the employee names and job titles, as well as other information, such as pricing algorithms. The letters …

October 7, 2015 MLB

MLB Moves To Dismiss Safety Net Class Action

On Friday, October 2, 2015, Major League Baseball filed a motion to dismiss a proposed class-action lawsuit alleging that the MLB has failed to protect fans from foul balls and bats.

The lawsuit was filed in July by Oakland Athletics season-ticket holder Gail Payne. Payne is seeking class-action status on behalf of all season ticket holders currently sitting in unprotected areas of MLB ballparks. The suit seeks no monetary compensation, but instead seeks an injunction requiring the MLB to install additional netting.

Major League Baseball …

October 6, 2015 NFL

Former NFL Player Sues Retirement Plan

On Friday, October 2, 2015, ex-NFL player Sean Berton brought suit against the Bert Bell/Pete Rozelle NFL Player Retirement Plan, Retirement Plan Board, and Retirement Plan Committee under the Employee Retirement Income Security Act (ERISA).

Berton played in the NFL for the Minnesota Vikings and New York Giants from 2002-05. According to the complaint, Berton suffered “approximately a dozen concussions” during his NFL career, and began exhibiting neuro-cognitive problems in October 2005. After leaving the NFL, Berton took a job as a recruiter at Soloman …

October 6, 2015 NCAA

Student-Athlete Time Demands: NCAA D-I Council Takes Another Look

Over the course of the first week of October, the NCAA Division I Council began discussions on the time demands of college athletics. Member schools will discuss the demands among themselves, and they will also consider student-athlete input.

Currently, while in-season, D-I college sport teams are subject to a 20-hour-per-week limit on the athletes’ combined game and practice time. During the off-season, programs are limited to 8 hours per week.

The Council discussions come following the September 30, 2015 U.S. Ninth Circuit Court of Appeals’ …

October 5, 2015 NCAA

NCAA Student-Athletes Continue Fight For Class Certification

On Thursday, October 1, 2015, a group of student athletes continued their fight for class action certification in their lawsuit against the NCAA. The lawsuits, filed on behalf of former and current NCAA athletes, aims to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams.

In order to obtain class certification, the plaintiffs must demonstrate that all of their cases involve common questions of law or fact and that the “named” plaintiffs will protect the …

October 2, 2015 Advertising / Litigation

MJ and Chicago Grocer in Settlement Talks

On Wednesday, September 30, 2015, an Illinois federal judge told Michael Jordan and Jewel Food Stores, Inc. that both sides will benefit from settling their right of publicity suit.

The lawsuit arose out of an advertisement placed in Sports Illustrated. The advertisement featured text congratulating Jordan on his introduction into the Naismith Memorial Hall of Fame, a pair of basketball shoes portraying Jordan’s Number 23, and Jewel’s own logo. Jordan brought suit against Jewel alleging that Jewel used his likeness without permission in the …

October 1, 2015 NFL

Let’s Get This Thing Rollin’: Second Circuit Grants Motion for Expedited Appeal in Deflategate

On Friday September 25, 2015, the NFL filed a motion in the U.S. Second Circuit Court of Appeals requesting that its appeal of the district court’s “Deflategate” decision be expedited. Circuit clerk Catherine O’Hagan Wolfe granted the NFL’s motion on September 29, 2015, therefore reducing the ordinary 10-12-month appellate period.

The district court’s decision, issued by Judge Richard Berman on September 3, 2015, vacated the NFL’s 4-game suspension of quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to …

October 1, 2015 Antitrust / NCAA

NCAA Athlete Compensation: The Ninth Circuit Filed its Opinion on Appeal

On September 30, 2015, the U.S. Ninth Circuit Court of Appeals filed its opinion in the appeal of the O’Bannon v. NCAA antitrust lawsuit. At the federal trial court level, District Court Judge Claudia Wilken held that the NCAA’s ban on compensating student athletes violates federal antitrust laws. Judge Wilken concluded that “less restrictive” means were available to preserve student athletes’ amateur status, and therefore, she held that NCAA member universities were permitted to engage in the following acts: (1) universities may grant to student …

September 30, 2015 Concussions / NHL

NHL Concussion Litigation: 3 Plaintiffs Voluntarily Dismiss Claims

By Monday September 28, 2015, a total of 3 plaintiffs voluntarily dismissed themselves from the NHL concussion multi-district litigation, which commenced in 2013. These plaintiffs, all former NHL hockey players, were part of the lawsuit claiming that the league failed to protect its players from brain injury. Of late, the number of plaintiffs added to the original 10 plaintiffs grew by 29 former players in February 2015.

The 3 players who withdrew—Dan Fritsche, German Titov, and Bob Bourne—were targets in the NHL’s recent motion to …

September 30, 2015 Antitrust / MLB

MLB Continues Fight Against Fans in Antitrust Cable Lawsuit

In 2012, sports fans filed suit against the MLB, NHL, and the Yankees Sports & Entertainment Network (YES), among others, alleging that their TV “blackout” rules are illegal.

Sports leagues’ TV blackout rules have long frustrated sports fans. U.S. District Court Judge Shira Scheindlin provided an example of a typical situation for out-of-market sports fans in her 2015 opinion granting class action certification: A Yankees fan who lives in Iowa cannot purchase only the YES Network—as a fan living in New York can—he must …