Category Archives: Litigation

San Francisco 49ers Must Hand Over Attendee Information

On January 5, 2017, Judge Susan van Keulen granted a class of mobility-disabled persons, suing the San Francisco 49ers and the city of Santa Clara, request for information about people who purchased accessible seating tickets at Levi’s Stadium. The suit originally began in December 2016 when Abdul Nevarez sued the San Francisco 49ers and the city of Santa Clara, owners of Levi’s Stadium, for violating the Americans with Disabilities Act of 1990. Nevarez, who requires the use of a wheelchair for mobility, attended four games…

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Ice Cube’s Big3 Moves to Dismiss Champions Complaint

On January 12, 2017, lawyers representing Ice Cube’s Big3 Basketball, LLC asked a New York federal court judge to dismiss a suit brought by Champions League, Inc. (Champions). Back on October 2017, Big3 submitted a memorandum of law in support of its motion to dismiss. As we have previously covered, rapper and actor, Ice Cube, owns the 3-on-3 basketball league, Big3. Big3 is a ten-week season that features several former NBA players, including Ron Artest, Corey Maggette, Kendall Gill, and most recently, Nate…

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Deion Sanders Still Refuses to Cooperate in School Lunch Lawsuit

Deion Sanders once again faces sanctions due to his failure to participate in court proceedings surrounding the suit about his alleged misuse of subsidized lunch funds. As we have previously reported, whistleblower Lawrence Smith claimed that Prime Time Prep Academy, a charter school co-founded by Sanders and D.L. Wallace, applied for, and received, nearly $1 million under the National School Lunch Program and Summer Food Service Program, with no evidence that the money was used for school lunches or for the benefit of needy…

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Deer Antler Spray Litigation Saga Continues

The latest development in the ongoing litigation dispute between the PGA Tour and Vijay Singh over the use of deer antler spray features another appeal. This time the appeal was brought by the PGA Tour, in New York State Supreme Court. On December 29, 2017, PGA Tour requested the court review Judge Eileen Bransten’s September 2017 ruling on a motion to in a lawsuit brought by former professional golfer Vijay Singh. In May 2017, Judge Bransten granted part of the PGA Tour’s summary judgment…

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NFL Continues to Argue Hernandez Suit is a Matter of Federal Labor Law

On December 18, 2017, the National Football League responded in opposition to Avielle Hernandez’s motion to remand her lawsuit against the NFL back to state court. Also named in the suit are helmet maker Riddell and other related companies. Avielle’s lawsuit seeks compensation for the NFL’s role in her father’s, Aaron Hernandez’s, post-mortem diagnosis of stage 3 chronic traumatic encephalopathy (CTE). Those diagnosed with CTE exhibit symptoms that include impulse control issues, aggression, depression, dementia, and suicidality. Hernandez committed suicide while serving a life sentence…

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Rick Pitino Shoots Back at Adidas’ Motion to Dismiss Emotional Distress Suit

Dribbling around the allegations connecting him to a bribery scandal, former University of Louisville men’s basketball coach, Rick Pitino, fought back against Adidas’ arguments to toss his claim alleging emotional distress. Adidas filed a motion at the end of November to either dismiss the case for failure to state a claim or stay it in favor of mandatory arbitration because of a provision in a contract between Pitino and Adidas. Pitino, in response, argued the product endorsement contract with Adidas does not apply to…

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MLB, Chicago Cubs Ask Judge to Toss Fan’s Foul Ball Blindness Suit

The Chicago Cubs and Major League Baseball moved to dismiss a negligence suit on December 15, 2017 before a Cook County Circuit Court, arguing that the Illinois Baseball Facility Liability Act bars the plaintiff’s claims. John “Jay” Loos sued the Cubs and MLB in October, claiming they were negligent for failing to install enough netting behind home plate. Loos claimed the foul ball hit by a Pittsburgh Pirates player on August 29 at Chicago’s Wrigley Field not only left him blind in one eye, but…

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Zachary Lutz Fights for Suit Against Japanese Team to Stay in U.S.

On December 14, 2017, former New York Mets player Zachary Lutz requested the Pennsylvania federal court to keep his suit alive against Japanese baseball team owners. Rakuten Baseball Inc. moved to dismiss Lutz’s case by citing to parallel proceedings in Japan. In August, Lutz initiated the lawsuit against Rakuten Inc., the owner of Tohoku Rakuten Golden Eagles, for refusing to sign a contract with Lutz for the 2015 season after months negotiating, which left Lutz unable to find another team under similar terms. Lutz opposed

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Retired NFL Player’s Suit Against Madden Games Maker Continues

On December 11, 2017, U.S. District Judge Richard Seeborg refused Electronic Arts Inc.’s (EA) request to be dismissed from a retired NFL player’s putative class action. The suit alleged that EA improperly used the retired players’ likenesses in Madden video games. The putative class action was filed in 2010 and claimed EA violated their publicity rights by including their likenesses in Madden games without obtaining permission from 2001 to 2009. Although the retired players’ names do not appear in the game, the players claim their…

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Ruling on Field Stands for Changes to Claims Process in NFL Concussion Settlement

A Pennsylvania federal judge upheld the approval of a claims administrator’s changes in the way a multidistrict NFL concussion settlement was implemented. The 16 retired players who filed the motion for reconsideration argued that the court should review its Nov. 2 decision that they cannot interfere with the claims process. The former players again argued the requirements for qualifying for a monetary reward were altered from the original settlement agreement. The court denied the motion Tuesday, Dec. 5, 2017 without a memorandum. The retired players…

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