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.

April 23, 2015 Concussions / Litigation / NFL

NFL & Former Players Reach Settlement Again; Judge Approves

On Wednesday, April 22, Federal Judge Anita Brody approved what may become the long-awaited final settlement between the massive class of ex-NFL players and the NFL in their concussion litigation.

The lawsuit, an aggregation of hundreds of ex-players’ complaints, began three and a half years ago claiming the NFL failed to address and warn of the dangers of head trauma. Former players and their families suffering from life with debilitating neurological damage sought medical help from the NFL. After a few rejections of proposed settlements, …

April 22, 2015 Copyright

Disney Fails on Attempt to Dismiss “Frozen” Teaser-Trailer Lawsuit

Federal Judge Vince Chhabria for the Northern District of California denied Disney’s attempt to dismiss a copyright lawsuit brought against it alleging ideas used in a teaser trailer for the hit film “Frozen” was stolen.

The lawsuit, brought by animator Kelly Wilson in March of 2014, claims the trailer was ripped off from her 2-D short film “The Snowman.” Arguing the trailer has many similarities to the short film, Wilson must also prove that Disney was aware of it and had seen it. Disney brought …

April 21, 2015 Litigation / NFL

Jameis Winston, One of 2015 NFL Top Picks, in Civil Suit for Rape

In the lawsuit filed in a Florida state court in Orlando, Erica Kinsman accused Winston of assault, false imprisonment, sexual battery, and intentional infliction of emotional distress. Through her attorneys David King, Baine Kerr, and John Clune, Kinsman is demanding more than $15,000 as well as “the right to seek leave as to her entitlement to punitive damages.”

Specifically, the suit alleged that Winston’s “conduct was extreme and outrageous and caused Plaintiff to suffer severe mental anguish and suffering, including, more specifically, loss of sleep, …

April 20, 2015 Concussions / NCAA

New Settlement Proposal Made in NCAA Concussion Lawsuit

On April 14^th, the NCAA filed a new proposed $75 million settlement deal to resolve the class-action concussion lawsuit filed against it. The lawsuit resulted from the consolidation of several cases after former student athletes sued the organization for downplaying and/or neglecting to inform them of the long-term, life altering risk and consequences of sports-related head injuries.

The revised proposal was submitted to address deficiencies in the prior settlement deal that federal judge John Z. Lee rejected last December. In essence, the core …

April 15, 2015 Copyright

Lionsgate and Joss Whedon Face $10M Copyright Suit Over “The Cabin in the Woods”

Peter Gallagher, not the actor but an author of a 2006 novel, has filed a lawsuit against Lionsgate and Joss Whedon who produced and co-wrote the 2012 horror movie “The Cabin in the Woods” with Drew Goddard who was also named in the suit.

Gallagher in the complaint alleges that Whedon and Goddard stole the idea, plots, characters, and more from his novel “The Little White Trip: A Night in the Pines” without his consent in. According to Gallagher, he registered the book with the …

April 14, 2015 Antitrust

Antitrust Battle Between MMA Fighters and UFC Continues

On April 10, Mixed Martial Arts (“MMA”) fighters Cung Le, Jon Fitch, and Nate Quarry filed their opposition to UFC’s motion to dismiss the putative class action and to transfer the venue.

In the court documents, the fighters argued that UFC’s bid to transfer venue was improper because the suit is alleging antitrust violations, not breach of contract. In response to the UFC’s argument that the plaintiffs did not specify “how the agreements unreasonably restrain competition,” the plaintiffs simply said, “The UFC is …

April 9, 2015 Intellectual Property, Copyright, and Trademark / Trademark

Former San Diego Chargers Wants $18M For “Lights Out” Trademark Infringement

On April 6, Shawne Merriman, former San Diego Chargers linebacker, filed a motion for summary judgment to ask the judge to resolve the trademark infringement dispute that began last year against Nike over “Lights Out” mark.

Claiming the ownership of the mark, Merriman said, “After I was given the nickname ‘Lights Out’ ® in high school, I decided to create a brand while I was at the University of Maryland. From 2002-2005 I sold approximately 2000 t-shirts printed with the Lights Out …

April 6, 2015 Contract

Lawsuit Claims Binghamton Mets Agreed to Sale

Main Street Baseball LLC, a baseball team ownership group from Delaware, filed a lawsuit in the Federal Court for the Northern District of New York against the Binghamton Mets claiming breach of contract to sell the team.

Main Street Baseball alleges that Binghamton Mets President, Mike Urda, has been trying to sell the team for the past four years and has been negotiating a sale with the Delaware group since last August. The two parties allegedly negotiated potential sale of the team over the winter …

April 3, 2015 Fraud / NCAA

UNC & NCAA Seek Dismissal of Academic Fraud Claims

On Monday, March 30, both the University of North Carolina and the NCAA filed motions to dismiss the lawsuit they’re facing brought by two former student-athletes for failing to provide them a meaningful education.

The lawsuit, filed in January, stems from the highly publicized academic fraud scandal where it was shown that the University of North Carolina had been offering “paper classes” to boost grades. These classes required very little work, lacked academic integrity, and provided failing student athletes the grade boost necessary to …

April 2, 2015 Litigation / Music

8-Year Old Lawsuit Over Jay Z’s “Big Pimpin’” Going to Trial

The lawsuit over Jay Z’s sampling of an Egyptian tune in his hit “Big Pimpin’” may come to an end in October when a jury decides whether the rapper had the right to use the Egyptian composition.

Claiming that he is an heir of the composer Baligh Hamdy, Osama Ahmed Fahmy in 2007 sued Jay Z as well as Timbaland, Paramount Pictures, Warner Music, UMG and MTV. He alleged that the rapper sampled the tune titled “Khosara, Khosara” from the 1957 film Fata …