Category Archives: Litigation

Judge Approves $60 Million Settlement in NCAA Video Game Case

On Thursday, Judge Claudia Wilken approved the proposed settlement agreement between the Sam Keller plaintiffs and the defendants, NCAA, EA Sports and Collegiate Licensing Company (CLC)—$20 million with the NCAA and $40 million with EA Sports and CLC.  In an attempt to avoid similar video game related liability in the O’Bannon case, the NCAA argued the $20 million settlement should cover any misappropriation of likeness claims arising from NCAA-branded video games, but Judge Wilken disagreed.  Her decision to handle the two similar cases separately would…

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Former Dictator Learns from Lindsay Lohan about Publicity Rights

Manuel Noriega, the former military dictator of Panama, must have learned about Lindsay Lohan’s latest lawsuit from his prison cell in Panama.  Like Lohan who alleged misappropriation of her names, images, and likeness by a video game maker, Noriega filed a suit against Activision over 2012 popular first-person shooter Call of Duty: Black Ops II which, according to Noriega, features his image and likeness without his permission. The complaint claimed the character in the game is repeatedly referred to by name and also as Noriega’s…

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A-Rod Listens to Ex-Con over His Law Firm

Alex Rodriguez is being sued by his lawyer, David Cornwell, for over $380,000 in unpaid legal fees.  Cornwell, a prominent sports attorney, acted as legal counsel for A-Rod during his Biogenesis doping suspension scandal.  Apparently he wasn’t the only one giving A-Rod  legal advice. Cornwell filed a complaint on Monday demanding the payment as well as prejudgment interest and attorney fees.  The complaint stated Rodriguez refused to pay the amount, relying on the advice of ex-con Desiree Perez who was arrested in1994 for intent to…

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California Jury Tells Dodgers: Make the Ball Park Safer

A California jury awarded about $18 million in damages for Bryan Stow who was left permanently disabled after beaten by two men at the Dodgers stadium parking lot in 2011.  Of the total judgment, the Dodgers share would be about $15 million while The Los Angeles Times reported the number to be $13.9 million.  The jury determined the baseball team was 100% liable for Stow’s economic losses including lost wages and medical bills but 25% liable for pain and suffering. The Dodgers attorneys argued that…

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Details of the Keller Settlement Submitted for Approval

A proposed settlement filed on June 30 could allow up to $20,000 for several football and men’s basketball players whose names, images, and likenesses were used in NCAA-themed video games.  The filing contains the details of a $20 million deal announced in early June between the NCAA and the plaintiffs led by Sam Keller, a former Arizona State and Nebraska football player.  The proposed terms are closely related to the previously announced $40 million settlement by EA Sports and Collegiate Licensing Company (CLC) that would…

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Lindsay Lohan Sues “Grand Theft Auto” Makers

  On Wednesday, July 2, famed actress Lindsay Lohan filed suit in a Manhattan court against Take-Two Interactive, the makers of  the “Grand Theft Auto” videogame series.  Lohan alleges that the latest game contains a character bearing her image and scandalous character.   The character, Lacey Jonas, from “Grand Theft Auto V,” is an in-game celebrity that players help along on missions.  Lohan claims this character is a re-creation of her image, voice, and clothing-line styles.  The game also features a mission where the character…

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Second Circuit Refuses to Second-Guess College Hockey Coach

James “Jak” Knelman played hockey for Middlebury College until he was kicked off the team by head coach Bill Beaney for leaving a team banquet early. Whether the coach’s decision was right or wrong, the player has no right to sue the coach and college, according to the United States Court of Appeals for the Second Circuit in a decision issued on June 23 (Knelman v. Middlebury College, 13-2614-cv, 2014 US App LEXIS 11721 [2d Cir. June 23, 2014]). Knelman joined the Middlebury…

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Does Disney Discriminate Against the Elderly?

On June 10, Kevin Brady, a 26-year veteran story writer for Walt Disney Pictures, filed suit against the studio alleging age discrimination. Brady further alleges that Disney has a “history and pattern of terminating long-term employees and replacing them with younger employees who have less experience at the company.” Brady was hired as a full-time employee in 1988, and received several promotions over the following decades, culminating in his promotion to head of the story department in 2005. Brady says he consistently received excellent performance…

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Former Baltimore Orioles Star sues Seminole Tribe for $10M Over Casino Slip and Fall

Two years ago retired MLB Hall of Famer Brooks Robinson fell off of a stage during a charity event at the Hard Rock Casino in Southern Florida. Now, Robinson is suing the casino’s owner – the Seminole Tribe – for almost $10 million in damages as a result of the plunge. Allegedly, Robinson’s tumble occurred after the star attempted to stand using the wall behind his chair for support. However, the “wall” was actually a curtain with no railing or other support behind it.  Robinson…

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Cheaters Never Win? Borgata Sues Poker Pro Ivey for Alleging Edging His Way to $9.6M

The Atlantic City-based Borgata Hotel Casino and Spa is suing professional poker player Phil Ivey for allegedly cheating his way to over $9 million dollars in gambling earnings.  In brief, the Borgata accuses Ivey of noticing defects in the cards and using those observations to give him an advantage over the casino in a baccarat session back in 2009. The lawsuit states that Ivey used a technique known as “edge sorting” to cheat the house out of millions.  Allegedly, once Ivey and his co-conspirator Cheng…

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