Category Archives: Contract

Trial to Determine if Madden Developer Can Beat the Clock with Big Play for Damages

On Monday June 17, 2013, opening statements were made to determine if Electronic Arts Inc. (EA) lied to the original programmer of the Madden NFL videogame. Robin Antonick, the game’s original programmer, claims the company continued to use the game’s code that he developed after contractually agreeing not to do so.  Monday, a California federal judge decided the case would go to trial. Antonick worked for EA from 1984 to 1991.  During his tenure, he developed the first rendition of the game for Apple II,…

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Louisiana Court Limits Workers’ Compensation Recovery

On May 16, 2013, the Court of Appeal of Louisiana (5th Circuit), held that former National Football League (NFL) player Daniel Campbell was not entitled to workers’ compensation benefits based on his projected NFL salary instead of his pre-season earnings. In June through August of 2009 during pre-season training, Mr. Campbell sustained two separate injuries to his right knee which effectively ended his career as a football player.  Per his contract with the New Orleans Saints, he was to earn $525 per week for…

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Kobe Bryant Meets Auction House at Half Court in Memorabilia Settlement

Kobe Bryant met a New Jersey auction company in the middle on Monday, June 10, 2013 during settlement discussions. Bryant and Goldin Auctions LLC reached a settlement agreement ending a month long battle over a collection of the NBA star’s memorabilia spanning all the way back to Bryant’s high school career. Bryant’s mother Pamela Bryant offered Goldin a collection of Bryant memorabilia in return for an advance of $450,000 in January 2013. Items include several of Bryant’s high school uniforms, his 1996 High School All-American…

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Al Gore Currently in Court over Al Jazeera Sale

Former Vice President Al Gore, Current TV LLC and others were recently sued in California state court by John Terenzio, an entertainment consultant from the Los Angeles consulting firm TAP, Inc.  Terenzio accuses Gore and the other defendants of selling Current TV to the Al Jazeera Media Network two months ago without providing Terenzio the compensation he claims he is owed for setting up the terms of the transaction with the Qatar-based media giant.  The suit for breach of implied agreement seeks at least $5…

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Macy’s / J.C. Penney Martha Stewart Lawsuit is Not a Good Thing

On February 20, 2013, department stores  J.C. Penney Inc. and Macy’s Inc. faced off in a new arena – a New YorkState courtroom.  The two retailers are going to trial over Martha Stewart.  Macy’s suit accuses J.C. Penney of attempting to convince Martha Stewart to break her company’s exclusive merchandise contract with the department store chain – a contract Macy’s says gives them the exclusive rights to sell certain Martha Stewart products until 2018.  Part of Macy’s lawsuit reads: “J.C. Penney want[s] to rob Macy’s…

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The Grinch Might Have Stolen Christmas, but Suit Says Disney Stole Christmas Movie Idea

On January 14, 2013, two producers, Beth Grossbard and Barri Rosenblum, sued Disney, ABC, ABC Family and former ABC executive Beth Miller for breach of an implied in-fact contract and breach of confidence. Grossbard and Rosenblum allege the network stole their idea for a Christmas movie. Grossbard and Rosenblum pitched the idea for a movie called “I Hate Christmas” to ABC Family executives in 2005.  Although the network turned down their movie idea, their complaint contends that the executives reworked those same ideas into “The…

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No Doubt Settles ‘Band Hero’ Lawsuit over Avatars with Activision

On October 3, 2012, popular musicians No Doubt settle their ongoing lawsuit against Activision Publishing, Inc. over the use of the group’s ‘avatars’ in the ‘Band Hero’ video game. No Doubt had filed suit for breach of contract and right to publicity claims when it was discovered that players could use the No Doubt avatars to perform songs in the game by other musicians. No Doubt alleged that they had been “turned into a virtual karaoke act” by the game, and asserted that the game…

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Recent Deals Demonstrate Need For Cap on Contract Length

The Minnesota Wild made waves this offseason by signing Zach Parise and Ryan Suter to identical 13 year, $98 million contracts.  Shortly before that, the Pittsburgh Penguins signed Sidney Crosby to a 12 year, $104.4 million contract extension that will pay him through the age of 38.  These contracts epitomize a problem that has bedeviled the NHL ever since the salary cap was introduced following the 2004-5 lockout: salary cap circumvention.  And, to no surprise, the NHL once again locked out the players when the…

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Weinsteins’ Suit Against ‘Scream’ Writer Williamson is about the Contract, not the Copyrights

On August 23, 2012, California Superior Court Judge Mary Ann Murphy refused to dismiss a suit brought by The Weintstein Co., LLC against ‘Scream’ writer Kevin Williamson.  In essence, the ruling resolved a dispute over whether the action was preempted by the Copyright Act, or was, in fact, a simple contract dispute.  Judge Murphy held that the case could proceed as it is based in contract and The Weinstein Co.had not alleged any copyright infringement or any other acts forbidden by federal law. In its…

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MGM Sues LaMotta and Production Company to Stop Sequel to Raging Bull

Metro-Goldwyn-Mayer Studios, Inc. (MGM) filed a complaint in California on Tuesday, July 3 aimed at stopping the production on a sequel to the 1980 film Raging Bull. MGM claims that boxing icon Jake LaMotta was contractually obligated to offer MGM the movie rights to the book that is the basis of the new film. The suit is against LaMotta as well as producing company RB Production II LLC (RB II). MGM states that “upon information and belief, RBII is nearing completion of principal photography…

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