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.

September 29, 2015 Litigation / NBA

More Cheerleaders are Chiming in: Milwaukee Bucks Dancers File Wage Action, Joining Trend

On Thursday September 24, 2015, former Milwaukee Bucks cheerleading team member Lauren Herington filed a class action against the NBA organization regarding minimum wage violation allegations. Herington represents a class of current and former Bucks cheerleaders/dancers, aptly named, the “Bucks Dancers.”

The lawsuit was brought under the federal Fair Labor Standards Act and pursuant to Wisconsin state wage and hour laws. The action is seeking increased wages and damages, in addition to injunctive relief for attorneys’ fees, unpaid overtime wages, and unpaid minimum wages. The …

September 28, 2015 MLB

Minor Leaguers to Appeal Dismissal of Antitrust Action Against MLB

Earlier this month, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust lawsuit. On Wednesday, the minor league players informed the court that they plan to appeal the decision.

The lawsuit—a class action filed in 2014—alleges that the MLB violated federal antitrust laws by suppressing the compensation of minor league players through its anti-trust exemption. District Judge Haywood S. Gilliam, Jr. dismissed the case pursuant to a January 2015 decision in which the 9^th Circuit upheld …

September 28, 2015 Litigation / NFL

Tynes v. The Tampa Bay Buccaneers: the Placekicker’s Staph Infection Suit Will Continue

The lawsuit of former NFL placekicker Lawrence Tynes will continue in Florida state court, despite the Tampa Bay Buccaneers’ (the defendant) best efforts to dismiss the case on federal preemption grounds. The ruling of U.S. District Judge James S. Moody, Jr. on September 24, 2015, granted Tynes’ motion to remand the case to a state court. The decision also denied the Bucs’ counterargument that the case should be dismissed due to federal preemption under the Labor Management Relations Act.

In general circumstances, matters arising under …

September 26, 2015 Soccer

FIFA Under Fire: Swiss Authorities To Investigate FIFA President

Joseph “Sepp” Blatter, president of FIFA since 1998, is under criminal investigation. The announcement came on Friday, September 25, 2015 from The Office of the Attorney General of Switzerland. According to the announcement, Blatter is being investigated “on suspicion of criminal management as well as—alternatively—on suspicion of misappropriation.”

This comes as another development in a series of investigations involving FIFA. Swiss law enforcement officials arrested a number of top soccer officials in May and extradited them to the U.S. on federal corruption charges. The U.S. …

September 25, 2015 NFL

FAA Permits NFL Films to Fly Drones — But Not on Game Day

The Federal Aviation Administration (FAA) approved the NFL Films’ Certificate of Waiver of Authorization (COA) which is essentially a permit to fly a commercial drone. NFL Films, a division of the NFL that produces TV programs, films, and documentaries, is expected to use it predominantly for filming, not for live broadcasts.

The permit comes with conditions and limitations: drones must weigh less than 55 pounds, fly below 400 feet above the ground at less than 100 miles per hour or 87 knots. Furthermore, NFL …

September 24, 2015 Concussions / NFL

Standing His Ground: Plaintiffs’ Attorney Releases Statement On Concussion Settlement Appeal

On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future.

Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that …

September 23, 2015 Litigation / NFL

Adrian Peterson Suspension: NFL Players Association Invokes Brady Opinion

On September 3, 2015, a New York federal judge overturned New England Patriots quarterback Tom Brady’s four-game suspension, and the decision has now found its way into Adrian Peterson’s lawsuit against the NFL.

In 2014, the NFL suspended Minnesota Viking running back Adrian Peterson after allegations surfaced that he had used a wooden switch on his four-year-old son. The NFL Players Association filed a lawsuit on Peterson’s behalf, and the suspension was eventually overturned by a Minnesota federal judge. The judge — U.S. District Judge …

September 22, 2015 Fantasy Sports

Massachusetts Attorney General To Review Legality of Fantasy Giant DraftKings

The legality of DraftKings Inc., a Boston-based fantasy sports website, will be reviewed by the attorney general of its home state. Massachusetts Attorney General Maura Healey, a well-known supporter of strict casino regulations, was asked about the legality of DraftKings during an interview with State House News Service. Healey told the News Service, “The point is this: This is a new industry. It’s something that we’re reviewing, and we’ll learn more about it.”

While fantasy sports have been around for decades, daily fantasy websites, …

September 21, 2015 Litigation / NCAA

Student Athletes Appeal Settlement in Class Action Lawsuit Against NCAA, Electronic Arts

A new development emerged Wednesday, September 16, 2015 in the case against Electronic Arts Inc. (EA) and the National College Athletic Association (NCAA) as two plaintiffs are appealing the approval of a $60 million settlement. The case—a class action lawsuit brought by student athletes—involves the use of students’ names, images, and likeness in EA’s NCAA video game series.

The class action has two underlying lawsuits: Keller v. Electronic Arts Inc. et al and O’Bannon, Jr. v. National Collegiate Athletic Association et al. A …

September 19, 2015 NFL

Cleveland ‘Jock Tax’ Ruling to be Suspended During Appeal to U.S. Supreme Court

The Ohio Supreme Court agreed on Wednesday to suspend its decision to strike down Cleveland’s “jock tax” while the city appeals to the United States Supreme Court.

Cleveland is one of eight cities that have implemented a so-called “jock tax,” which is an income tax levied on NFL players visiting the city for a road game. The decision to strike down the tax comes as a result of two lawsuits brought by former Indianapolis Colt Jeff Saturday and former Chicago Bear Hunter Hillenmeyer.…