Category Archives: Litigation

Moore & Bertuzzi Officially Reach an Agreement

The decade long legal battle between Todd Bertuzzi and former Colorado Avalanche player Steve Moore is officially at rest.  After earlier reports of a potential settlement between Moore and Bertuzzi surfaced about two weeks ago, they were quickly undermined by Steve Moore’s brother, Mark, claiming the deal was a farce to pressure Steve into settling. The allegations were finally ended on Thursday, however, when Steve Moore released an official statement leaving no suspicion or doubt: “the legal case for the loss of my NHL career…

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LA Lakers Seek Punitive Damages From Insurer in Bad Faith Claim Denial

On Tuesday, September 2nd, the Los Angeles Lakers filed suit against its insurer, Federal Insurance Co., for bad faith denial of coverage for a Telephone Consumer Protection Act violation suit, that settled earlier this year. David Emanuel brought the TCPA class-action lawsuit in 2012, claiming the Lakers were sending unwanted text message to his mobile device in violation of the Act.  The Lakers sought defense and indemnity under its Corporate Liability Coverage policy from Federal, however, the insurer denied coverage claiming the suit…

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NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings. In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field.  This class now seeks intervention in the NFL’s concussion litigation settlement negotiations  for fear of the…

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Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County.  Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach. Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.”  In 2009, Adam Carolla had already developed a significant fan base through his various…

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MLB Seeks Pre-Trial Appeal & Plaintiffs Seek Class Certification in Antitrust Broadcasting Litigation

On Wednesday August 27, 2014, the MLB filed a motion for immediate interlocutory appeal with Judge Scheindlin in the Southern District of New York, seeking permission to appeal her recent order in their current antitrust litigation case. The MLB’s geographically based broadcasting restrictions are currently being challenged in the SDNY by irate fans who are tired of blackout restrictions and the high prices of streaming games online.  Earlier this month, Judge Scheindlin ruled against the MLB’s motion for summary judgment, holding that the oft-cited antitrust…

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Appeals Court Agrees Cuban Is Not Mismanaging Mavericks.

On Thursday August 21, judgment was entered in the Court of Appeals for the Fifth District of Texas affirming the trial court’s November 2011 decision that the Dallas Mavericks were not being mismanaged and did not require court-appointed receivership. The lawsuit, filed in 2011 by previous majority owners, Hillwood Investment Properties III Ltd., claims that Mark Cuban’s ownership of the Mavericks has been “careless and reckless” resulting in a loss of substantial investment value to the now minority owners.  Hillwood is seeking court-appointed receivership due…

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Contestant Sues Viacom; “Dating Naked” Was “Not What She Anticipated”

On Friday, August 22, a contestant from VH1’s series “Dating Naked” filed a $10 million lawsuit against Viacom and two other production companies for broadcasting images of her naked. Jessie Nizewitz, a model from New York, participated in the reality television show “Dating Naked,”  which aired in July.  The show revolves around several male and female participants who strip down to the buff and go on dates with each other in an island paradise.  During an on-beach wrestling incident, Niewitz claims that her…

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Moore and Bertuzzi Settlement Called Into Question

The announced settlement between Steve Moore and Todd Bertuzzi, ending 10 years of litigation, has been called into question by Moore’s older brother Mark, who denies any such deal was reached. Merely hours after it was announced that the Moore and Bertuzzi lawsuit was settled outside of court, Mark Moore stated publicly that it is only a ploy.  Mark told reporters that his brother told him there was no deal and that the Moore legal team believes Bertuzzi and the Canucks were trying to pressure…

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Major League Broadcasting Challenged by Blacked-Out Fans

The National Hockey League and Major League Baseball broadcasting policies are headed for trial after the dismissal of their motions for summary judgment in an antitrust lawsuit last week. The plaintiffs are a class of frustrated NHL and MLB sports fans who filed a lawsuit against the organizations two years ago, claiming the restrictions on local television broadcasting (including blackouts) violate sections of the Sherman Antitrust Act.  The lawsuit alleges that broadcasting territory restrictions and collusion between the leagues and the broadcasting companies unfairly increases…

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Adam Sandler Gets His Money Back From Former Nanny

Adam Sandler won a California appeals court’s affirmation that ordered his former nanny to repay approximately $80,000 that she received under the confidential settlement agreement in 2010. Sandler’s HP Production (“HP”) hired Deanne McDonald in 2009 to take care of his kids, and she raised employment claims shortly after her employment ended.  HP and McDonald entered into a confidential settlement agreement in 2010 that paid her $48,000 and her attorneys $32,000.  In return, McDonald agreed not to disclose anything about the actor and to resolve…

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