Category Archives: Litigation

Plaintiffs in Concussion Suit Respond to WWE, Inc. Sanctions Motions

Earlier this month, attorneys for World Wrestling Entertainment, Inc. (WWE) were accused of filing “abusive” sanctions motions against plaintiffs’ attorneys in a class action lawsuit centering on wrestler’s injuries sustained from concussions. The accusations involve a set of interrogatories, signed by plaintiffs’ attorney Konstantine Kyros, where two of the plaintiffs allegedly claimed to have knowledge of fraud by the WWE. Attorneys for the WWE, however, contend that this information directly contradicts previous deposition testimony, where the plaintiffs claimed not to have knowledge of purported WWE…

Continue Reading....

Gawker Media, Hogan Finally Settle Sex Tape Saga

This past Wednesday, one of the most notorious journalism lawsuits finally came to an end. Former Gawker CEO Nick Denton agreed to pay $31 million—in addition to a portion of the company’s bankruptcy sale—to former wrestler Hulk Hogan. The agreement brings a final end to the legal drama beginning with Gawker’s publishing a secret sex tape featuring Hogan, whose real name is Terry Gene Bollea. This past March, a Florida Court found Gawker liable for libel to the tune of $115 million. The broader storyline…

Continue Reading....

DeMeco Ryans Bring Lawsuit Against NFL and Houston Texans for Achilles Injury

DeMeco Ryans, a standout linebacker for the University of Alabama and former Houston Texan and Philadelphia Eagle, recently brought suit against the National Football League, his former team, and multiple entities stemming from a 2014 Achilles tendon injury. Ryans, the defensive MVP of the 2006 Cotton Bowl and defensive Rookie of the Year after being selected first in the second round of the 2006 draft, played for the Texans from 2006-2011 and from 2012-2015 with the Eagles. While playing for the Eagles in Houston against…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....