James D. Macri

All articles by James D. Macri

 

Amazon Investigated For E-Book Antitrust Violations

Oh how the tables have turned for retail giant Amazon.com.  Three years ago, Amazon pushed for an antitrust investigation of Apple for e-book price fixing.  Now, however, regulators in the European Union have opened an e-book anti-trust investigation into Amazon. On June 11, 2015 the European Commission announced that it was formally investigating Amazon’s business practices related to its e-book business.  Of particular focus are Amazon’s contracts with European publishers.  Under the terms of those agreements, publishers are required to inform Amazon if the publishers…  

New Suit by Retirees Alleges NFL was Pushing Pain Pills

Yet another suit was filed against the NFL by former players on Thursday May 21. This time, the retired players are accusing all 32 NFL teams of intentionally providing players will painkillers and pushing the players to use them. This suit repeats some of the allegations in a suit filed in May 2014, which was ultimately dismissed because of the collective bargaining agreement. The new suit names each of the NFL teams as a defendant and 13 retired players as plaintiffs. It is, however, brought…  

8th Circuit Affirms NFL Player Publicity Settlement

On Thursday May 21, the U.S. Court of Appeals for the Eight Circuit affirmed a 2013 settlement between NFL retirees and the NFL. A group of former players brought suit against the NFL seeking to be compensated for the use of their images. The $50 million settlement received final approval of a Minnesota federal judge in November 2013, despite the objection of 19 players. Some of those players appealed and echoed their contentions that the settlement was unfair to the Eighth Circuit. Their main argument…  

NFL Concussion Settlement Objectors Seek Broader Amendments

On Monday April 14, 2015, a group of former NFL players raised another round of objections in the class action concussion lawsuit against the NFL. The 28 former players who objected to the initial $765 million settlement, contend that an amended settlement is also deficient. The initial settlement was preliminarily approved in July 2014. However, upon the suggestion of Judge Anita B. Brody, in February, the NFL amended the settlement, paying particular attention to coverage for the families of CTE sufferers. The amended settlement now…  

Dreyfuss Wants Disney to Open Its Books

On April 9, Richard Dreyfuss filed suit against Walt Disney Pictures claiming that Disney has wrongfully refused him access to its books.  The Oscar winner says he wants to know if Disney owes him money for his work in What About Bob?. In the seven count complaint, Dreyfuss and Turner & Hooch producer Raymond Wagner’s widow contend, among other things, that Disney has breached their contracts by refusing them the opportunity to audit the books.  The pair claims that Disney will not allow…  

MGM “Knocks Out” Raging Bull Lawsuit with Settlement

Last year, we reported that the U.S. Supreme Court revived a longstanding copyright infringement lawsuit over the 1980 hit movie “Raging Bull.”  The suit was initially brought in 2009 when Paula Petrella, the daughter of Frank Petrella, alleged that MGM and 20th Century Fox (“MGM”) infringed on her father’s copyrights in a number of works written about the life of boxer Jake LaMotta. Paula first became aware of her right to sue in the early 90’s based on a Supreme Court case related to…  

TSN Broadcasts Inappropriate Trade Deadline Tweet Sparking Legal Controversy

On Monday March 2, TSN mistakenly rebroadcast a distasteful tweet about Toronto Maple Leafs players Joffrey Lupul, Dion Phaneuf, and Pheneuf’s wife – actress Elisha Cutherbert.  Now, the rebroadcast could cost TSN and the tweet’s author a “significant amount.” TSN is a Canadian sports television network, widely known for its coverage of hockey and the NHL.  On Monday, the network was broadcasting live coverage of the NHL’s trade deadline on a segment called TradeCentre.  It encouraged viewers to live tweet their thoughts and comments using…  

Years Later, Testing Reveals Mosi Tatupu Had CTE

More than four years after his 2010 death, the family of Mosi Tatupu learned that the former New England Patriots running back suffered from Chronic Traumatic Encephalopathy (CTE).  CTE is a degenerative brain disease linked to repetitive head injuries such as those sustained by football players. Tatupu was a fan favorite among Patriots fans during his thirteen season career with the team. It’s no surprise either; he was loved by teammates, was always smiling and developed his own fan section – “Mosi’s Mooses.”  Yet, his…  

Yankees Seeking to Avoid Paying Potential $24 Million Bonus to A-Rod

The New York Yankees have made it clear they are still unhappy with Alex Rodriguez despite his return.  A-Rod is preparing to return after a year-long suspension for admitted use of steroids and other performance-enhancing drugs.  At the same time, the Yankees are avoiding contact with the player, hoping to give him as little time playing as possible, and seeking to void his milestones bonus contract. Recently, the Yankees have given A-Rod the cold shoulder a few times.  They have made it clear that he…  

College Football & Basketball Families to be Reimbursed for Travel Expenses

Following the trend of sharing broadcast and other revenues with college athletes, the NCAA and College Football Playoff announced they would help athletes’ families with the cost of attending championship games. CFP is an independent body overseeing college football subject to NCAA rules.  Just after being granted a waiver allowing it to reimburse families for travel, the CFP announced it would provide up to $2,500 to parents or guardians attending Monday’s championship game in Arlington Texas.  Reimbursement is capped at $1,250 per parent or guardian…  

St. Louis Rams Owner Planning to Build L.A. Stadium

Rumors and hopes of an NFL team returning to Los Angeles have been swirling ever since the Rams and Raiders left two decades ago.  With more than a dozen previous proposals, it’s a wonder hopefuls haven’t given up.  The latest is a plan for a new St. Louis Rams stadium.  But, this time it’s different – Ram’s owner Stan Kroenke owns a suitable plot of land for a new stadium. Last year, Kroenke purchased a 60-acre tract of land in Inglewood, an L.A. suburb.  Although…  

Apple Wins $1 Billion iTunes Antitrust Case

After only three-hours, the jury in a 10 year old dispute reached a verdict favoring Apple.  The federal jury found that Apple’s iTunes 7.0 software was a technological improvement for iPods rather than an attempt to monopolize digital music. Along with improvements such as the addition of games and movies to iPods, iTunes 7.0 included FairPlay.  FairPlay was a digital rights protection system that only permitted songs purchased through iTunes or on CDs to play on iPods.  Songs purchased from competitors would not work. …  

Nike Sues Three Former Top Designers After Move to Adidas

On December 8, Nike filed suit against three of its former designers after they left to work for Adidas.  According to Nike’s suit, Dennis Dekovic, Marc Dolce, and Mark Miner violated their non-compete agreement and stole trade secrets from their former employer. The lawsuit seeks more than $10 million in damages and an injunction preventing the trio from opening a new design center called Brooklyn Design Studio.  Allegedly the studio is a replica of Nike’s Innovation Kitchen.  Nike claims it will suffer irreparable harm and…  

Recent Poll: Half of Americans Don’t Want Their Son to Play Football

Despite football’s popularity as a spectator sport, according to a recent Bloomberg Poll, half of American’s don’t want their son’s playing the game.  Those statistics are even gloomier among the educated; sixty-two percent of college-educated survey respondents said they wouldn’t want their son to play. Many suggest this decline is attributable to the attention on the negative health impacts of the sport.  Concussions have been a large stumbling block for the NFL.  A vast number of former players have alleged they suffer long-term effects…  

Bookie Pleads Guilty to Extorting Thomas Vanek

The second bookie involved in a Rochester, NY gambling ring pled guilty to illegal gambling, extortion, and money laundering conspiracies on December 5, 2014.  In his plea, Joseph Ruff, admitted to extorting Thomas Vanek for partial payment of Vanek’s gambling debts.  The plea comes months after Joseph’s brother Mark pled guilty in October. The gambling ring was based out of a Rochester restaurant called Marina Restaurant & Bar but operated through the internet.  However, after the April 2014 indictment of three men, including Ruff and…