October 12, 2016 Concussions / Litigation / NFL

Another Headache for the NFL and Riddell

On Tuesday, October 4, 2016, helmet maker Riddell Inc. and the NFL were sued by more than 50 former football players and families of deceased players in a new lawsuit in Louisiana Federal Court. The proposed class action alleges that the NFL made “material representations” that several brain conditions such as early-onset dementia, memory loss, and ALS, were not caused by the players’ time in the NFL and the NFL failed to protect its players.

The suit further alleges that the NFL was aware of …

October 11, 2016 Litigation / NFL

Going Stag: Third Circuit Will Not Require New York Giants to Pay Memorabilia Dealer’s Attorneys’ Fees

On October 6, 2016, the Third Circuit affirmed that the New York Giants do not have to pay for federal court attorneys’ fees incurred by a memorabilia dealer. The dealer, Eric Inselberg, had argued that the Giants should pay the fees incurred while he attempted to remand his lawsuit back to New Jersey state court because the team’s approach to his claims was “objectively unreasonable.”

Originally, the Giants had removed the civil case to federal court, but in November 2014, U.S. District Judge William Martini …

October 3, 2016 Concussions / Litigation

Getting Tossed Around: Second Circuit Dismisses Premature Appeal in WWE Concussion Lawsuit

On September 27, 2016, the Second Circuit dismissed a former WWE wrestler’s appeal, reasoning that the appeal needed to wait until he and the other wrestlers suing the WWE handle their claims in district court. The attempted appeal arose out of a lawsuit against the WWE for allegedly hiding the risks of traumatic brain injuries.

Back in May, William Albert Haynes III told the Second Circuit that he had the right to appeal the district court’s dismissal of his claims. Haynes argued that a …

September 30, 2016 Litigation / NHL

Dispute Over NHL Player’s 20-Game Suspension Continues

The dispute over defenseman Dennis Wideman’s 20-game suspension for knocking a referee to the ice after being body slammed into the boards has created many questions in the NHL. Initially, there was an issue over whether players should be liable for conduct that occurs immediately after a head injury. The NHL seemingly thought this issue was resolved when the NHL Commissioner enforced the 20-game suspension against Wideman; however, that was not the end.

The NHL Players’ Association and Wideman appealed the suspension to a neutral …

September 29, 2016 Litigation / NFL

NFL and Hall of Fame Improperly Try to Settle Lawsuit

The NFL and Pro Football Hall of Fame are not getting off easy in the class action lawsuit brought against them for abruptly cancelling the Hall of Fame Game in early August. Ticket holders initially brought suit in Ohio when the NFL and Hall of Fame knew the preseason Hall of Fame Game between the Green Bay Packers and Indianapolis Colts would not be played, but yet “allowed and encouraged fans to continue to purchase food, beverages, and souvenirs at the stadium as they waited …

September 29, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NFL

One of These Things is Not Like The Other: Electronic Arts and Retired NFL Players Argue Over Class Certification in Likeness Suit

On September 22, 2016, Electronic Arts and retired NFL players who claim that “Madden NFL” uses their likeness without permission argued over class certification in a California federal court. At the hearing, the parties debated whether publicity is a property right and the feasibility of ascertaining thousands of players’ avatars.

The players’ attorney, Brian Douglas Henri, stated that suit was properly brought under California state law, reasoning that EA’s headquarters are in the Bay Area. Judge Richard Seeborg questioned why state law should apply when …

September 28, 2016 Intellectual Property, Copyright, and Trademark / Litigation / MLB

Is Selling Cubs Merchandise a Crime?

Stealing bases may be a routine part of baseball, but the Chicago Cubs have made it clear that street vendors stealing merchandise have no part in America’s pastime. On September 22, 2016, Major League Baseball and the Chicago Cubs sued vendors for selling counterfeit merchandise on the streets outside of Wrigley Field.

This has been an uplifting season for the Cubs as they are in first place, standing as the top team in all of Major League Baseball. The club’s claim that vendors are “deliberately …

September 27, 2016 Litigation / NFL

Rams Must Compensate Fans for St. Louis Personal Seat Licenses

On September 21, 2016, U.S. District Judge Stephen N. Limbaugh Jr. ruled that the Los Angeles Rams must compensate some St. Louis Rams personal seat license holders with either a refund or new season tickets. Three different parties have sued the Rams regarding the more than 46,000 people who bought PSLs prior to the team’s departure in January, but in July, the lawsuits were consolidated into one case, although they differ in the type of damages being sought.

The suit itself is quite convoluted, as …

September 26, 2016 Litigation

Minor League Pitcher Claims Mislabeled Medical Image Hurt His Draft Stock

On September 19, 2016, a St. Louis Cardinals minor league pitcher filed suit, claiming that due to an error made by a Houston hospital, his draft stock suffered. The pitcher, Pablo Salazar III, originally had been projected as a third-to-eighth round draft pick in 2015; however, he was not actually drafted until the eleventh, a drop that he attributes to the hospital’s error.

Three years prior to the 2015 draft, he had an arthroscopic procedure done on his elbow. Salazar’s claim is that the …

September 20, 2016 Litigation / Privacy Rights

Fans Sue Golden State Warriors for Mobile Eavesdropping

Golden State Warrior fans filed a class action lawsuit in federal court against the team and the companies who developed the team’s mobile app. The plaintiffs allege that the app unlawfully records audio from the microphone without user notification or permission, and that while the app is marketed for providing live stats, scores, and standings, it also tracks users through audio-based beacon technology for the purpose of marketing and advertising. The app determines a user’s precise physical location by secretly activating the user’s smartphone’s built-in …