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.

October 23, 2019 Defamation / Litigation / NFL

Browns Rushed to Identify Beer-Pouring Fan, Misidentified Fan Files Suit

The Tennessee Titans faced off against the Cleveland Browns at FirstEnergy Stadium in Cleveland, Ohio on September 8, 2019. As customary, a group of Browns fans sat in the area behind the home team’s goal post, dubbed the Dawg Pound. The Browns were trailing the Titans and, late in the fourth quarter, Baker Mayfield’s pass was intercepted and returned for a touchdown by Titans cornerback, Malcolm Butler. Fellow Titan, Logan Ryan, decided to jump into the Dawg Pound while celebrating Butler’s pick six.

While celebrating, …

October 21, 2019 Baseball / Labor & Employment / Litigation / MLB

MLB Opposes Umpire’s Request to Withdraw Confidentiality Designations in Discrimination Lawsuit

Major League Baseball has asked a federal magistrate judge to reject umpire Angel Hernandez’s request to eliminate confidentiality designations in his racial discrimination lawsuit against the league.

As we reported earlier, MLB umpire Angel Hernandez sued the league in July 2017, alleging that they discriminated against him based on his race. Hernandez has not worked the World Series since 2005 and, despite applying numerous times, was denied a promotion to crew chief. He alleged that these rejections were racially motivated and that chief baseball officer, …

October 21, 2019 Class Actions / Concussions / Hockey / Litigation / NHL

Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.

U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.

As we previously reported, Judge Nelson oversaw a …

October 17, 2019 Litigation / NFL

Eagles Soar Away from Liability, Appeals Court Reverses $700K Judgment

On October 11, 2019, the Superior Court of Pennsylvania reversed the trial court’s $700,000 award to Dallas Cowboys fan Patrick Pearson. Pearson, who was assaulted at Lincoln Financial Field, alleged that the Philadelphia Eagles were negligent in providing security during the December 14, 2014 matchup between the Eagles and Cowboys. The Superior Court ruled that the Eagles could not have foreseen or anticipated that a fight would occur in a bathroom at the stadium.

At the time of the alleged fight admitted at trial, Pearson …

October 17, 2019 Class Actions / Concussions / Litigation / WWE

WWE Counters Wrestlers’ Appeal in Concussion Lawsuit

World Wrestling Entertainment (WWE) and its CEO, Vince McMahon, have fought back against 67 retired wrestlers who appealed the dismissal of their concussion lawsuit.

Beginning in 2014, these former wrestlers filed lawsuits against WWE, arguing that the organization failed to protect their health, which resulted in concussions, CTE, and other brain injuries. In September 2018, the Connecticut District Court dismissed the lawsuit as many of the plaintiffs stopped wrestling before WWE was aware of the risks of head trauma. The attorney for the plaintiffs, …

October 16, 2019 Baseball / Contract / Copyright / Litigation / MLB / Trademark

Phillie Phanatic Creators Fire Back with New Filing

Wade Harrison and Bonnie Erickson, credited with designing the Philadelphia Phillies’ mascot, the Phanatic, have filed a reply to a lawsuit alleging that the creators were threatening the baseball club with pulling the team’s rights to use the mascot. The creators have described the lawsuit by the Phillies as a “weapon.”

At issue is whether the creators of the Phanatic can use the Copyright Act’s termination right – a rule made to allow authors to regain control over works they created, but signed away. The …

October 15, 2019 Ethics / Gambling / Litigation / Sports Betting

Feds Discover NCAA Game Rigging Attempt, Mafia Connected

On October 3, 2019, the U.S. Attorney’s Office for the Eastern District of New York unsealed a series of indictments against alleged crime family La Cosa Nostra (the Colombo Family). Among those arrested were Benjamin Bifalco, an associate of the Colombo Family, and Joseph Amato Jr., the son of an alleged Colombo Family captain Joseph Amato.

Bifalco was charged with violating 18 U.S.C. Section 224(a), which makes it unlawful to influence a sporting contest “in any way, by bribery. . . .” Per the …

October 11, 2019 Contract / Litigation / NFL

St. Louis Stadium Authority Tells Supreme Court: Don’t Further Delay Rams Move Suit

The St. Louis Regional Convention and Sports Complex Authority argued to the U.S. Supreme Court that there is no reason for the court to halt its lawsuit against the Los Angeles Rams and owner Stan Kroenke.

Last week, the Rams and Kroenke asked Supreme Court Justice Neil M. Gorsuch to halt the case while they petition the Supreme Court to intervene. While the St. Louis Authority stated that the Rams and Kroenke may continue to pursue their supreme court petition, they argued that the court …

October 10, 2019 Basketball / NBA

One Tweet Threatens 30 Years of NBA Expansion into China

The controversy began on October 6, 2019, after Daryl Morey, the general manager of the NBA’s Houston Rockets, tweeted about the ongoing pro-democracy protests in Hong Kong, China. Since the 1980s, the NBA has spent millions of dollars investing in Asian markets, including China, hoping to grow the game of basketball. For example, the NBA has helped build basketball courts, given broadcasting rights for free, and played preseason games in China and Japan.

However, Morey’s tweet threatens years of progress and what has otherwise …

October 10, 2019 Basketball / Gambling / Hockey / NBA / NHL / Sports Betting / Sports Gambling

Washington D.C. Arena Will Be America’s First Sports Venue with Sportsbook

Capital One Arena, the home of the Washington Wizards and Washington Capitals, is about to become the first major sports venue in the United States to have a sportsbook.

Monumental Sports & Entertainment, owner of the teams and the arena, announced a partnership with sports betting operator William Hill US. The sportsbook will span multiple floors and be accessible to both non-ticketholders and ticketholders for certain events. Expected to open in 2020, the sportsbook will be open year-round and is accessible to the public from …