Category Archives: Contract

“Morals Clauses” in Sports Contracts – More Important Now Than Ever Before?

NFL players Ray Rice and Adrian Peterson are the latest in a long line of professional athletes whose misdeeds have been exposed to the glare of public scrutiny and discourse on whether they should be terminated or suspended due to their conduct away from the playing field.  Implicit in the dialogue and debate on the proper response of professional sports leagues and teams to the off-field misdeeds of their players is the contractual right to terminate or suspend  players under the so-called “morals clauses” of…

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Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County.  Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach. Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.”  In 2009, Adam Carolla had already developed a significant fan base through his various…

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Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system. In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002. When Saleh was traded to the Browns,…

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If Kevin Ward, Jr. Signed a Release, Would His Estate be Barred From Suing Tony Stewart, the Raceway, and Others?

Sprint car driver Kevin Ward, Jr. died recently during a sprint car race at the Canandaigua Motorsports Park in Canandaigua, NY. He was struck and killed by a car driven by NASCAR champion Tony Stewart.  If Ward’s estate were to file a civil suit, the defendants would likely include Stewart, the raceway owner/operator, and Empire Super Sprints Inc., which is the sprint car series that sanctioned the race. One potential legal issue would be the extent to which a release/waiver of liability could be…

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NY Islanders Sale Put on Ice, Would-Be Buyer Seeks $10 Million in Damages

On Monday, August 11, New York Islanders owner Charles Wang was served with a lawsuit demanding $10 million in damages for allegedly backing out of a deal to sell the team. Philadelphia based hedge-fund manager Andrew Barroway’s company NY ICE claims that on March 10, Wang and Barroway reached a sale agreement, culminating in a handshake.  NY ICE was to receive 100% equity in the Islanders in exchange for $420 million.  The papers filed in New York County Supreme Court state that the negotiations began…

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Miss America Organization Sued for Being Stingy

Wednesday, July 2, The Buckeye Group, a business development company based in Beverly Hills, filed a complaint against The Miss America Organization in the US District Court for the District of New Jersey, alleging breach of contract. In the complaint, Buckeye alleges that Miss America has failed to make good on contractually owed minimum payments to the business stimulation team.  Since 2009, Buckeye has been helping The Miss America Organization restore its financial health and reclaim its cultural significance within the fabric of American society. …

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Armstrong Can’t Escape DOJ Fraud Suit

On Thursday June 19, 2014, Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia ruled on Lance Armstrong’s motion to dismiss the fraud case he is facing against the US Department of Justice. In an 81 page ruling, Judge Wilkins denied Armstrong’s request without prejudice. Armstrong argued that the case should be dismissed on two grounds. First, he argued the six-year statute of limitations on bringing the suit had run. He also argued the government knew he was using…

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James Franco’s Management Team Suing Former Members for Embezzlement

On April 18, 2014, the management firm of Hollywood actor James Franco sued his recently fired talent manager Miles Levy and financial manager Steve Blatt in California state court, alleging that both conspired to fraudulently bilk the actor out of millions of dollars.  The suit, filed by Randy James of James Levy Management, accused the defendants of “embezzl[ing] significant sums in commissions [ ] for nearly a decade . . . .  The thieves have been caught and the day of reckoning has arrived.”  Among…

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The Battle Over ‘Margaret’ Ends

On Wednesday, April 2, a six-year legal battle over Kenneth Lonergan’s film Margaret, released in 2011 ended. The parties to the suit, Lonergan and the film’s financier, Gary Gilbert, came to a settlement agreement that was recently  executed. In 2005, Gilbert and Fox Searchlight (Fox) agreed to split about $12.6 million in production costs for the film Margaret. In 2007, Gilbert became unhappy with the result of the film’s final cut and according to Lonergan, attempted to seize control of the film despite not…

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