White Sox’s Move to Dismiss Dustin Fowler’s Negligence Suit

On February 13, 2018, the Chicago White Sox moved to dismiss a suit brought by brought by former New York Yankees outfielder, Dustin Fowler. Fowler, now a member of the Oakland Athletics, sued the White Sox claiming that the team negligently caused him to injure himself during a game at Guaranteed Rate Field, home of the White Sox. The incident occurred on June 29, 2017, when Fowler was running at full speed, chasing a foul ball, and crashed into the low corner wall. His right…
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Reebok-CCM Fights Last Minute Depositions

On February 14, 2018, the hockey equipment company, Reebok-CCM Hockey (CCM), filed an opposition motion to Hefter Impact Technologies, LLC (Hefter) Emergency Motion. In their Emergency Motion, Hefter argued that they should be allowed to depose six people, including Pittsburg Penguins’ star Sidney Crosby, even though a scheduling order originally stated that all depositions must be completed by September 30, 2016. In opposition, CCM argued that Hefter should not be allowed to retake/take six depositions on the eve of trial simply because they characterized the…
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NFL and NFLPA Move to Stop Former Agent’s Antitrust Claim

On February 5, 2018, the NFL, and the NFL Players Association (NFLPA), filed a motion to dismiss an antitrust suit brought by former sports agent James Dickey. As we have previously covered, Dickey accused the NFL and the NFLPA of stifling competition by implementing a rule called the “Three Year Rule” to keep new agents out of the NFL. In order for an agent to represent players the must be certified. To be certified, agents must negotiate at least one NFL team contract every…
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Syracuse University and Women’s Lacrosse Coach Motion to Dismiss Denied

On February 9, 2018, the New York Appellate Division, Fourth Judicial Department (Appellate Court) affirmed a lower court’s ruling, which denied Gary Gait and Syracuse University’s motion to dismiss Addy Tauro’s suit. Ms. Tauro, a former varsity women’s lacrosse player at Syracuse University, sued her former coach, Mr. Gait, and Syracuse University after Ms. Tauro was allegedly injured at a lacrosse practice on October 8, 2013. According to Ms. Tauro’s complaint, she was struck in the head with a lacrosse ball that Mr. Gait…
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Former Professional Golfer Sued

On January 24, 2018, drink and dietary supplement company, Organo Gold International Inc., sued 62-year-old former professional golfer Greg Norman, Aussie Rules Marine Services, Ltd., and ABG-Shark, LLC, in Washington federal court. Norman controls Aussie, a foreign company organized under the laws of the Cayman Islands. Also, Norman has an existing partnership with ABG. Back in March of 2017, Norman partnered with, and gave, ABG the right to control “the direction of the consumer products division of The Greg Norman Company.” In their…
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Judge Stays Aaron Hernandez’s Consortium Suit

On January 23, 2018, U.S. District Judge George A. O’Toole Jr. decided to stay a suit brought by Shayanna Jenkins-Hernandez, the fiancée of the late New England Patriots tight end Arron Hernandez. Mr. Hernandez committed suicide in prison while awaiting the appeal of his murder conviction. A court can stop, or “stay,” a proceeding or trial temporarily or indefinitely. Judge O’Toole ordered a stay on Ms. Jenkins-Hernandez’s suit in order to await a ruling by a Judicial Panel on Multidistrict Litigation. The panel is deciding…
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Riddell Fights Hundreds of Remand Motions

On January 19, 2018, Riddell Sports Group, Inc. opposed a class of former National Football League players’ motion to remand. Riddell is a sports equipment company that specializes in football equipment, particularity football helmets. The players are a part of a massive multidistrict litigation proceeding that is suing Riddell and the NFL. According to the motion, for the past six years, the players have been preceding under one master complaint that controlled all of their claims and superseded their original complaints. In addition, the players…
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Harvard Law Professor Changes His Mind Regarding Attorney’s Fees

As we have previously reported, back in September 2017, Judge Anita B. Brody appointed Harvard Law School professor William B. Rubenstein to address questions surrounding the $112.5 million settlement in the NFL concussion litigation. The final settlement established an uncapped fund that would compensate a class of over 20,000 former NFL players. In May 2017, a collection of law firms representing the players, filed a petition seeking $112.5 million common-benefit fee to compensate the class of attorneys. In his original assessment, Professor Rubenstein said…
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DraftKings and FanDuel Once Again Fight Back Against Lawsuit in Indiana

On January 16, 2017, FanDuel, Inc. and DraftKings, Inc. once again argued their websites do not violate Indiana’s right of publicity statute. As we have previously covered in May 2017, a group of 3,000 college athletes, led by former Northern Illinois University football players Akeem Daniels and Cameron Stingily, and former Indiana University football player Nicholas Stoner, bought a suit against DraftKings and FanDuel. The suit alleged that FanDuel and DraftKings were profiting from the use of the students athletes names, images, likenesses, and…
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Litigation Between Charles Oakley, MSG, and James Dolan Begins

On January 12, 2018, at a pre-motion conference, U.S. District Judge Richard J. Sullivan told the attorney of former New York Knick, Charles Oakley, that his client’s defamation claim against the owner of the New York Knicks, James Dolan, and Madison Square Garden (MSG) would be an “uphill climb.” Oakley’s attorney replied, “A lot of judges say things like that and then reverse course.” As we previously covered, in September 2017, Oakley sued Dolan and MSG for allegedly humiliating him when he was kicked…
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