Category Archives: Litigation

Rawlings Defensive Over Easton’s Plan to Release Bats With Similar Logo

On August 15, 2017, Rawlings Sporting Goods Co. filed a lawsuit against Easton Diamond Sports LLC arguing that Easton ripped off Rawlings popular “5150” brand of bats with a new “S150” line that Easton planned to release pursuant to a recent equipment rule change. Starting January 1, 2018, Little League Baseball has banned the use of all 2 ¼ inch barrel baseball bats constructed with composite material in the barrel, unless approved. Little League bats will now be governed by the BBCOR bat standard

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Milwaukee Bucks Dancer Settlement Agreement Not Quite a Slam Dunk

In September 2015, former Milwaukee Bucks dance team member Lauren Herington filed a class action against the NBA franchise, claiming that it engaged in “prolific wage abuse” of her and other members of the dance and cheerleading squads. The suit was filed in Wisconsin’s federal courts, and claimed that Bucks dancers spent hours in training, wardrobe maintenance, practice and dancing at games, as well as appearing at charity events and posing for a calendar. The dancers would be paid a flat rate of $65 per…

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MLB Points to Win Over Minor Leaguers in Attempt to Cut Off Scout’s Appeal

Former Kansas City Royals scout Jordan Wyckoff, and former Colorado Rockies scout Darwin Cox, have sued Major League Baseball for unlawfully suppressing scout’s wages. In September, 2016, the bulk of their suit was dismissed by a New York district court after it was ruled that the scout’s federal and state antitrust claims were barred by the so-called baseball exemption. The exemption was set forth in a 1922 U.S. Supreme Court decision, and it covers employees who are essential to the “business of baseball.” On July…

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Dropping The Gloves: NHL Fights Back at Player’s Bid to Exclude Expert Testimony

The NHL has responded to a bid to remove expert testimony the league believes improves their attempt to defeat class certification. The NHL’s response is the latest development in the December bid to certify a class by the league’s former players who claim that the league failed to warn them of the various known risks and diseases associated with repeated head trauma. The players believe the league’s expert testimony is cumulative and will confuse a jury due to its amount of similar and supposedly irrelevant…

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Riddell and Xenith Reach Settlement

On Wednesday, July 5, 2017, Riddell reached an undisclosed settlement to resolve their patent infringement claims against fellow helmet-maker Xenith. The lawsuit had alleged that Xenith infringed upon Riddell’s patents relating to the basic shape and design of their helmets, including the outer shell and ventilation features of the helmet. The Xenith models in question were their varsity and youth EPIC and X2E helmets. This settlement comes years after another case filed by Riddell against Schutt Sports resulted in a jury awarding Riddell $29 million…

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Fox Sports Top Executive Fired

On Monday, July 3, 2017, Fox Sports, which is owned by 21st Century Fox, fired top executive Jamie Horowitz after a week-long investigation into alleged sexual harassment. Horowitz has been credited with introducing an influx of hotly-contested sports debate television shows to Fox Sports One following his departure from ESPN. His firing comes after other high profile Fox executives Roger Ailes and Bill O’Reilly were recently forced out or fired due to similar allegations, resulting in Fox paying approximately $45 million in settlements over the…

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Seventh Circuit: Season Tickets are a Privilege, Not a Right

On June 22, 2017, a three-judge Seventh Circuit panel ruled Indianapolis Colts’ season ticket holders do not have a right to roll their seats over from one year to the next. This upholds a U.S. District Court ruling from November 2016. This suit was brought by Yehuda Frager, a Pennsylvania-based ticket broker, last March. Frager alleged the Colts refused to renew his 94 sets of season’s tickets, which he paid over $75,000 for. It is alleged the Colts redistributed the tickets to a local…

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Helmet to Helmet: The latest in Schutt and Riddell’s IP Row

Football helmet maker Schutt Sports responded strongly to a bid by rival Riddell Inc. to throw away the IP suit—or to at least give Riddell home field advantage and move the claims to Illinois, where Riddell is headquartered. The suit revolves around Riddell’s alleged infringement on three of Schutt’s helmet design patents, U.S. Patent Nos. 8,938,818, 8,528,118 and 8,813,269. Schutt believes there is no reason to dismiss or move the case from Texas. Schutt contends that Riddell has positioned itself to have a…

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No Pack No! Bears Sued by Packers Fan over Fan Gear

Longtime Green Bay Packers fan Russell Beckman filed a putative class action against the Chicago Bears in Illinois federal court on Friday, June 16, 2017. Beckman is accusing the team of violating fans’ right to free speech by not allowing fans to wear clothing or gear that supports opposing teams when the fan attends any on-field event. Beckman has owned a personal seat license at Soldier Field since 2003 but more often than not, only attends Bears games at Soldier Field when they play the…

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Backcheck, Forecheck … Paycheck? WHL Players Minimum Wage Class-Action Certified

An Alberta, Canada judge has allowed for the certification of a class-action against the Western Hockey League (WHL). The five U.S.-based teams are exempt from the class action since they are outside the court’s purview. Players are suing the league for back wages, overtime, and vacation pay. This suit mirrors two others that are proceeding against the Ontario Hockey League and the Quebec Major Junior Hockey League. The players claim they are employees and should be paid at least minimum wage. Currently, the players receive…

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