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 18, 2015 NFL

The NFL Files its Pre-Argument Statement in Appealing Brady Suspension Ruling

The NFL filed its “pre-argument statement” in the U.S. Second Circuit Court of Appeals on Thursday September 17, 2015. The NFL is appealing the September 3, 2015 district court decision of Judge Richard Berman, which vacated the NFL’s 4-game suspension of superstar quarterback Tom Brady.

The pre-argument statement is separate from the filing of a memorandum of law—the statement only describes the legal theories the NFL will plan to make on appeal. Both the NFL and the NFL Players’ Association (the representative of Tom Brady) …

September 17, 2015 Concussions / NHL

Judge To Move Forward With Decision In Boogaard Wrongful Death Suit v. NHL

In 2013, the late NHL player Derek Boogaard’s parents filed a wrongful death suit in Illinois against the NHL. The plaintiffs allege that Boogaard’s death was a result of the NHL’s post-concussion drug treatment program, as Boogaard died in May of 2011 at the age of 28 after a prescription drug overdose. It was Boogaard’s team doctors that introduced him to the pain medication.

In recent weeks, a fight ensued over documents in a separate but seemingly related case. A federal judge in the …

September 17, 2015 NHL

NHL and Adidas Ink Deal for Uniforms and Merchandise

On Tuesday September 15, 2015, the National Hockey League announced that it inked a 7-year partnership with Adidas AG. Adidas will become the official supplier of on-ice uniforms, as well as the official outfitter for licensed apparel—both clothing and headwear.

The announcement came following several months of speculation. In the hockey world, jerseys (or, “sweaters,” as they’re often referred to) are a big deal. You can’t deny it—hockey uniforms are more iconic and elaborate than in any other sport. This is mostly because hockey …

September 16, 2015 Antitrust / MLB

Minor Leaguers’ Antitrust Action Against MLB is Dismissed

On September 14, 2015, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust action. The class action claimed that the MLB violated federal antitrust law, alleging that the league suppressed the compensation of minor league players through its antitrust exemption. This historic exemption was established by the U.S. Supreme Court in 1922.

District Judge Haywood S. Gilliam, Jr.’s decision dismissed the case pursuant to a January 2015 decision in which the 9th Circuit upheld the MLB’s antitrust …

September 15, 2015 Litigation / NBA

Those Pesky CBA’s: The Strife of Bismack Biyombo’s Former Agent

In June 2014, agent Igor Crespo sued his former client, NBA center Bismack Biyombo, for breach of their player-agent contract. The action, however, will now be limited pursuant to a recent order issued by Justice Saliann Scarpulla of the New York Supreme Court (New York’s trial court level) on September 4, 2015.

The initial complaint filed claims against Biyombo for breach of contract, unjust enrichment, and tortious interference of contract. The damages are alleged at $2 million. In particular, Crespo claims that, under the …

September 14, 2015 Legislation / NFL

State Laws Banning the “Redskins” Nickname Passed in CA Following Federal Proposals

On September 10, 2015, Rep. Eleanor Holmes Norton (D-D.C.) threatened to introduce a bill proposing to revoke the NFL’s federal antitrust exemption status for permitting the continued use of the Washington Redskins moniker. Now, the Redskins nickname is being threatened under state laws in California.

The “California Racial Mascots Act,” as the new legislation is known, passed in the California state assembly on Thursday September 10, 2015—the same day Norton made statements introducing her new bill proposal. The Act now rests on the desk of …

September 11, 2015 NFL

Increased Pressure to Change the Washington Redskins’ Name May Come Under Federal Legislation

On Thursday September 10, 2015, House Representative Eleanor Holmes Norton, a Democrat, non-voting representative from the District of Columbia, warned that she will be introducing new legislation with the goal of influencing a change of the Washington Redskins moniker. Anyone paying attention to the National Football League is aware that this new proposal will not be the first attack on the Redskins’ name. Over the last few years, the NFL and the Redskins have been under increasing pressure by certain Native American groups and sympathizers …

September 10, 2015 Antitrust / NCAA

The NCAA Continues Opposition of Class Certification in Scholarship Antitrust Actions

On Tuesday September 8, 2015, the NCAA continued its opposition of class certification in a multidistrict antitrust litigation, which seeks to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams. The lawsuits, filed on behalf of past and current NCAA athletes, also aim to reduce restrictions on what schools can offer their players—like compensation, for example.

The plaintiff’s initial filing seeking class certification came in April 2015. For the individual cases to be certified, …

September 9, 2015 NFL

A Deal is a Deal: the NFLPA’s Motion to Reopen Past Litigation is Denied

On Tuesday September 8, 2015, a federal district judge denied a motion filed on behalf of the NFL Players’ Association, which attempted to reopen the long-running “Reggie White” case. Ending in 1993 with a settlement agreement, the Reggie White case was a class action antitrust lawsuit against the NFL. The settlement ultimately led to the league’s current unrestricted free agent system.

However, the CBA agreement arising from the White settlement was not renewed, and it expired in 2011. This subsequently led to a lockout of …

September 8, 2015 Antitrust / NFL

Another Plaintiff Joins the Trend: The NFL-DirecTV Antitrust Litigations

Over the course of Summer 2015, the NFL and DirecTV have been served with nine separate antitrust lawsuits, alleging that the defendants’ “NFL Sunday Ticket” agreement is in violation of the antitrust laws. All complaints have been filed on behalf of commercial entities, such as bars and restaurants, and the most recent complaint, filed by Jammers, Inc., owner of a bar in Los Angeles, proposes a class action lawsuit against the defendants.

While all major American professional sports leagues have out-of-market broadcasting agreements with …