Category Archives: Litigation

A New Potential Area of Liability Exposure to Equipment Manufacturers

Two more tragic deaths from brain injuries on the football field were reported in recent weeks. On November 11, Hopi (Arizona) High School football player Charles Youvella died from a traumatic brain injury suffered in a game the previous weekend. On November 14, Tipton (Missouri) High School football player Chad Stover died from a traumatic brain injury suffered in a game that took place two weeks earlier. The details of these two events, and any related legal issues, are unclear at this point.…

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Lance Armstrong Settles and Avoids Questioning Under Oath

Just one day before Lance Armstrong was to be questioned under oath about his doping practices, he settled a lawsuit brought earlier this year and avoided his deposition. In February 2013, Acceptance Insurance Company sued Armstrong after he admitted to doping during an interview with Oprah Winfrey.  The company, like many others, wants the money it paid to Armstrong back.  In Acceptance’s case, the company sought the return of $3 million in bonuses it paid for wins from 1999 to 2001. On November 20, Armstrong…

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What the Hells (Angels)? Young Jeezy Sued Over Skull Logo

It’s a strange day when the Hells Angels motorcycle club goes to court by choice; but, that’s exactly what it did recently.  Rather than using bats, knives, and chains to protect its logo, the Angels filed a trademark infringement lawsuit in federal court.  According to TMZ, the club filed suit against 8732 Apparel and Dillard’s, Inc. for infringing on its “Death Head” logo. 8732 Apparel, owned by rapper Young Jeezy, sells a wide range of attire including hats, jackets, shirts, and more.  The Angles…

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Screenwriter Alleges the Matt Damon Sci-Fi Hit Elysium Was His Idea

One of this summer’s worldwide hits was the Matt Damon-starring science fiction film Elysium. But several months after its release, director Neill Blomkamp’s movie, which tells the story of a poor man who attempts to save his life by making an illegal trip to a satellite planet surrounding a ruined Earth, has found itself at the center of controversy. Blomkamp was recently sued by little-known screenwriter Steve Wilson Briggs for copyright infringement claiming similarities between Elysium and his screenplay Butterfly Diver. The suit,…

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NY Judge Says Dr. Oz’s Viewers Are Not His Patients

A New York State court judge declined to view Dr. Mehmet Oz’s audience as patients.  As a result, the judge dismissed one viewer’s claim against Dr. Oz for providing negligent medical advice on his TV show. In March 2013, Frank Dietl filed suit against Dr. Oz claiming he suffered second and third-degree burns on his feet by following the doctor’s advice.  After viewing an episode on insomnia, Dietl tried the suggested remedy to cure sleeplessness caused by cold feet. Dr. Oz recommended putting uncooked rice…

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A-Rod Sues Yankees Doc For Malpractice

In the midst of his appeal of a 211-game suspension arising from the alleged use of performance enhancing drugs, Alex Rodriguez just filed the anticipated malpractice suit against a Yankees’ team physician. Professional Liability Matters posted of the rumblings of a malpractice suit in August.  Now, the other shoe dropped. Although the allegations are serious, many speculate that A-Rod’s real goal of this lawsuit is to distract from A-Rod’s steroid controversy and to deflect blame. To read the rest of this article, please visit Professional

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FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito:…

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Disney Suing Musical Company for Infringement

Last week, entertainment giant Disney file suit against a Pennsylvania based Entertainment Theatre Group, doing business as American Music Theatre (AMT).  In its complaint, Disney alleges that AMT’s production, Broadway: Now and Forever, infringes its rights and is seeking damages. AMT is staging Broadway: Now and Forever, a show that billed as a “larger-than-life theatrical compilation of unforgettable music from the hottest new blockbusters to all-time favorite classics.” “Broadway: Now and Forever recreates the greatest moments ever on stage.” The show…

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SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP…

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Armstrong Faces Uphill Battle Against US Justice Department’s Lawsuit

In the wake of Lance Armstrong’s doping confession, the tide is still not settled. On Monday, September 23, 2013, the US Department of Justice, on behalf of the US Postal Service, urged a federal judge to allow the government’s fraud lawsuit against Armstrong to continue. In January 2013, the Toure de France “winner” confessed to using performing enhancing drugs in a television interview with Oprah Winfrey.  The confession was “arguably the greatest fraud in the history of professional sports,” according to a government filing. In…

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