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.

March 2, 2015 Concussions / NFL

Former NFL Players Object to CTE Benefits Cutoff Date for Incentivizing Suicide

On Friday, February 27, ten former NFL players objected to the revised settlement proposed in the long-running NFL concussion injury litigation.

The objectors, dissatisfied with the recent amendments made February 13, mainly take issue with the “arbitrary cutoff date” for players’ families to receive benefits when a player dies with CTE. Originally the plan was to pay $4 million in benefits to the families of players who died with CTE prior to July 7, 2104. Under the most recent proposal, the cutoff date for …

March 1, 2015 Litigation / NFL

Judge Overturns NFL Arbitrator’s Denial of Peterson’s Appeal

U.S. District Judge David Doty found that NFL Commissioner Roger Goodell had no authority to retroactively apply the NFL’s new policy and that NFL arbitrator Henderson “simply disregarded the law of the shop and in doing so failed to meet his duty under the [Collective Bargaining Agreement signed on August 4, 2011].” The judge remanded the case to follow further proceedings under the rules of the collective bargaining agreement.

Peterson had been suspended until at least by April 15 pursuant to the new personal conduct …

February 28, 2015 Copyright / Music

Robin Thicke Takes Center Stage in Court to Show No Copyright Infringement

From the witness box in a federal courtroom in Los Angeles, Robin Thicke sang, played the piano, and even danced a bit to demonstrate to the jury that his song did not infringe on Marvin Gaye’s “Got To Give It Up.”

Thicke’s performance took place after U.S. District Judge John A. Kronstadt held in a pre-trial hearing that the jury would not hear the actual sound recording of Gaye’s 1977 hit. Since Gaye’s performance in the original recording is not at issue, the …

February 27, 2015 NFL / Trademark

“I’m just here so I won’t get fined” Trademarked by Lynch in Response to Fans

Last week, Seattle Seahawks star running back Marshawn Lynch filed a trademark of the now-household phrase “I’m just here so I won’t get fined,” which he popularized during Super Bowl XLIX media day.

Marshawn Lynch has had a storied history with the media, giving reporters little to nothing worth printing during interviews. Some say it is selfish for him to withhold his opinion from his fan base, and some say it is unfair to force the football player to speak about the game. Either …

February 26, 2015 NFL / Trademark

Lawyers for Redskins Put Different Spin on Trademark Case

The Redskins filed a motion to overturn the Trademark Trial and Appeal Board’s decision to cancel the team’s trademark because it infringes on freedom of speech rights and “unfairly singles the team out.”

The lawyers for the team argued that the cancellation decision “unfairly singles out the Redskins for disfavored treatment based solely on the content of its protected speech, interfering with the ongoing public discourse over the Redskins’ name by choosing sides and cutting off the debate. This the U.S. Constitution does not tolerate.”…

February 25, 2015 Intellectual Property, Copyright, and Trademark / Trademark

Washington Redskins Argue a Violation of their Free Speech

The Washington Redskins fought back against the recent decision by the US Patent and Trademark Office cancelling the team’s trademark protection over the use of the term ‘redskin’ as many Native American groups find it disparaging.

The court papers filed Monday by the team argue the law denying registration of disparaging trademarks is unconstitutional because it infringes on the team’s First Amendment right to free speech. The team’s attorneys argue the cancellation of the trademarks disfavors the team and singles them out, “interfering with the …

February 25, 2015 Litigation

Donald Trump Takes Doral Noise Ordinance Issue Out of Court

Donald Trump decided to drop the lawsuit he filed a week ago against the City of Doral that challenged the constitutionality of the city’s noise ordinance.

Instead, Trump decided to have negotiation talks with the city, according to his spokesman Ed Russo who said, “In good faith, we have decided to voluntarily withdraw our lawsuit against the city, and we look forward to productive discourse regarding this matter.” The ordinance at issue is Section 26-128 of Doral’s charter that provides that the standard for …

February 24, 2015 Golf

Appeals Court OK’s Lawsuit Against Jack Nicklaus to Go Forward

A Colorado couple succeeded in dragging Jack Nicklaus into a legal battle after a federal appeals court allowed the suit to go forward.

The couple Jeffrey and Judee Donner filed a lawsuit in 2011 against Nicklaus over a misrepresentation of his membership in Mount Holly, a luxury golf resort in Utah that went bankrupt in 2009 before it was even open. They also alleged that the legend “solicited” them in 2007 to invest $1.5 million in the resort.

More specifically, they mentioned promotional video that …

February 23, 2015 Concussions / NFL

NFL Concussion Suit: Further Changes to Settlement Agreement

Both the plaintiffs and the NFL amended the tentative settlement plan in the NFL concussion suit again in response to U.S. District Court Judge Anita Brody.

Early in February, Judge Brody issued an order that contained recommendations to “enhance the fairness, reasonableness and adequacy” of the proposed settlement agreement. The parties had until Friday to address her five concerns.

First, Judge Brody urged to expand the provision that only counted NFL playing seasons in calculating eligibility of players. The revised agreement credits a half-season for …

February 19, 2015 Doping / MLB

Biogenesis Leader Bosch Sentenced to 4 Years in Prison

On Tuesday, February 17, steroid supplying, faux-doctor Anthony Bosch was sentenced to four years in federal prison for running an illegal medical clinic and providing illicit substances to MLB players and high school athletes.

Bosch’s phony medical clinic, Biogenesis of America, is responsible for supplying steroids to 14 MLB players including Alex Rodriguez and Ryan Braun, who were penalized by the league for their use of performance enhancing drugs. Showing tears and remorse in court, District Judge Darrin Gayles was not lenient, expressing contempt for …