Author Archives: Joseph M. Hanna

Former NFL Players Hit Back as Over Eighty-Eight Percent Have Entered Settlement

The NFL and its former players agreed that August 7, 2017 was the final day for players to register for the NFL concussion settlement program in order to receive benefits for head trauma experienced during their careers that have or could result in brain injuries. Current NFL players and those who retired on or after July 7, 2014 are not a part of the registration process. Adam Selter, a lawyer who has been retained by approximately two hundred former NFL players, stated “[t]he settlement is…

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Boston University Wins Fight for Fees

On Monday, July 31, 2017, U.S. District Judge Susan Richard Nelson awarded Boston University $96,300 in attorneys’ fees and costs to be paid by the National Hockey League. The dispute stemmed from the NHL’s demand for research and data from about 400 former athletes’ brains studied by BU’s Chronic Traumatic Encephalopathy (CTE) Center. The University refused the request on the grounds that only six of the brains studied were those of former NHL players, and Judge Nelson honored their request for fees and costs stemming…

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Delaware Becomes Number 14 in Legalizing Daily Fantasy Sports

Delaware Governor John Carney signed House Bill 249, making Delaware the latest state to legalize daily fantasy sports. Delaware became the fourteenth state to formally legalize the activity and the fourth state this year. The bill classifies daily fantasy sports as games of skill, rather than gambling, and will take effect before the start of the upcoming football season. The law attaches several regulations to the online fantasy sports. An operator, such as FanDuel and DraftKings, will have to apply for a license and pay…

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Indian Gaming Association Latest to Join Coalition to Legalize Sports Gambling

On June 26, 2017, the Supreme Court agreed to tackle the hotly debated question of whether the federal government should be able to prohibit states from legalizing sports gambling. The lawsuit commenced six years ago, when New Jersey Governor Chris Christie implemented a state law that would enable New Jersey casinos and racetracks to offer sports wagers. That New Jersey law was then challenged by the NCAA and “Big Four” of professional sports leagues, the NFL, NBA, MLB, and NHL. The opposition argued that the…

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Start Your Engines: Legal Battle Over Earnhardt Name Revived

Kerry Earnhardt, the late Dale Earnhardt’s eldest son, applied through his Kerry Earnhardt Inc. company in 2011 to register “Earnhardt Collection” for both furniture and custom home design. In 2012, Dale Earnhardt’s widow and third wife, Theresa Earnhardt, filed an opposition with the Trademark Trial and Appeal Board (TTAB) seeking to block Kerry’s application. Theresa is Kerry’s stepmother and owner of Dale Earnhardt Inc., and already own a number of “Earnhardt” registrations for a wide variety of goods. In February of 2016, the TTAB dismissed…

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Titleist Calls Out Website Over Rules Violation for Product Line

On July 13, 2017, Titleist’s parent company, Acushnet Co., filed a complaint in Massachusetts federal court against imadebogey.com’s owner, Benjamin Russell, alleging his products infringe Titleist’s classic marks and offend its customers. The complaint cites unfair competition, trademark infringement and dilution. Imadebogey.com sells golf hats and other accessories with the words “Titties” and “Titlost” instead of “Titleist” in the same distinctive stylized script as the 84-year-old logo, including shirts and beer koozies. These are just some of their golf-related products sold on the website that…

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After Review, Ruling Linking Football to CTE Stands

On Tuesday, July 25, 2017, Dr. Ann McKee published the continuation of a study that began eight years ago, where McKee and fellow researchers at the Department of Veterans Affairs and Boston University published study results revealing that 87 of 91 former NFL players had CTE. The most recent update to that study, which was published by the Journal of the American Medical Association, found that 177 of 202, or nearly 88 percent, of deceased football players had CTE. Of those brains tested, 110 of…

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Game, Set, a Fixed Match? Three Wimbledon Matches and One French Open Match Under Investigation

he Tennis Integrity Unit (TIU) is investigating three Wimbledon matches and one French Open match for potential match-fixing. Two of the Wimbledon matches were in the qualifying tournament, with the third being in the main draw. These four matches all looked suspicious due to abnormal betting patterns. Sports betting companies and regulators tipped off the TIU. The alerts are not evidence of any match-fixing, however they are an indicator for further investigation. The TIU has to look at what other conditions were in play, such…

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FTC Pressure Forces DFS Giants to Cancel Merger Plans

Last November, FanDuel and DraftKings announced their plan to merge, and sought to combine the two largest operators of paid fantasy daily sports. The agreement came amidst scrutiny from several state attorneys general and other regulators over the legality of daily fantasy sports. On July 13, 2017, the two daily fantasy sports giants announced they would no longer pursue their plan to join forces. The most recent announcement came after the FTC filed a lawsuit against DraftKings and FanDuel in June, saying the two…

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Nationals, Orioles Broadcasting Dispute Heading Back to MLB Arbitration

The New York State First Department Appellate Division voted 3-2 to allow Major League Baseball owners and executives decide the ongoing dispute between the Washington Nationals and Baltimore Orioles. The teams are divided over how much compensation the Washington Nationals should receive from the Baltimore Orioles and their broadcasting entity, the Mid-Atlantic Sports Network, for television broadcast of the Nationals’ games. In November 2015, a New York State Supreme Court threw out an MLB arbitration decision granting the Nationals $298 million from the Mid-Atlantic Sports…

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