December 2, 2019 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / WWE

Pausing the Game: Take-Two Seeks to Pause WWE Copyright Infringement Lawsuit

Video game publisher Take-Two Interactive has told an Illinois federal court that it wants to pause a tattoo artist’s copyright infringement lawsuit, as a ruling on a pending summary judgment motion could decide the case.

As we reported last year, tattoo artist Catherine Alexander filed a lawsuit against Take-Two and World Wrestling Entertainment, alleging that they infringed on her copyright. Between 2003 and 2008, Alexander created several unique tattoos for WWE superstar Randy Orton. While WWE allegedly offered Alexander $450,000 for the rights to use …

November 27, 2019 Baseball / Litigation / MLB

Los Angeles Dodgers try to Leave Ballgame by Transferring Jackie Robinson Contracts to Foundation

In a dispute over a pair of Jackie Robinson contracts, the Los Angeles Dodgers told a New York federal court that it transferred its purported interest in the contracts to the Jackie Robinson Foundation.

As we reported in October, the Dodgers entered a legal dispute over two of Jackie Robinson’s historic contracts. One is his 1947 contract with the then-Brooklyn Dodgers, in which he became the first African-American to play in Major League Baseball. The other is his 1945 contract with the Kansas City Monarchs, …

November 25, 2019 Litigation / NFL

Ex-NFL Player DeMeco Ryans Fights Arbitration in Lawsuit Versus Texans

Former Houston Texans and Philadelphia Eagles linebacker DeMeco Ryans has asked the Texas Supreme Court to let his lawsuit against the Texans continue, instead of going to arbitration.

As we reported earlier, Ryans sued the Houston Texans back in 2016, alleging that they were responsible for an Achilles tendon injury he suffered in 2014. Specifically, Ryans claimed that the field of NRG Stadium was maintained in a poor condition, as the playing field consists of square patches of actual grass interwoven with seams of artificial …

November 22, 2019 Baseball / Hockey / Labor & Employment / Litigation / MLB / NFL / NHL / Tax

Players’ Unions v. Jock Taxes: An Inside Look at This Waging Legal Battle

Last week, we reported that the NHL Players’ Association, MLB Players’ Association, and NFL Players’ Association sued the city of Pittsburgh for charging a fee on nonresident professional athletes that play within the city. These fees, often referred to as jock taxes, have come under fire over the past few years.

The players’ associations are not challenging the legality of jock taxes in general, about which you can continue reading here. It is well established that states and municipalities have the right to tax …

November 20, 2019 Doping / Litigation / NFL

Former Football Players Fight Back, Tell Ninth Circuit That NFL Was Directly Involved in Painkiller Lawsuit

In a lawsuit where former NFL players accused the league of doping them with amphetamines and painkillers, the players have responded to the NFL’s effort to end their appeal in the Ninth Circuit.

As we reported earlier, former Chicago Bears players Richard Dent and Jim McMahon sued the NFL in 2014, claiming that the league facilitated the use of opioids, anesthetics, and drugs like Toradol without prescriptions, violating the Controlled Substances Act . While their lawsuit was initially dismissed by a district court for being …

November 20, 2019 Litigation / NFL

Potential Legal Consequences Following Steelers, Browns Game

During the November 14, 2019 game between the Pittsburgh Steelers and Cleveland Browns, a fight broke out between Browns’ defensive lineman, Myles Garrett, and Steelers’ quarterback, Mason Rudolph. After a play ended with Garrett tackling Rudolph to the ground, both men engaged in a physical altercation, which ended with Garrett taking off Rudolph’s helmet and striking Rudolph in the head with it. In response, some other players from the Steelers, including Maurkice Pouncey, brought Garrett to the ground and started kicking and punching him.

The …

November 18, 2019 Class Actions / Labor & Employment / Litigation / NCAA

One More Time: New Lawsuit Argues NCAA Must Pay Athletes Minimum Wage

Trey Johnson, a former defensive back for Villanova University, has sued the NCAA, arguing that the organization has violated federal labor law and that it must pay student-athletes a minimum wage.

In his lawsuit, Johnson argues that student-athletes clearly constitute employees under the Fair Labor Standards Act (FLSA). Specifically, he notes that college students in work-study programs are classified as employees, meaning that they are subject to minimum wage laws. Meanwhile, student-athletes, who work longer schedules and create the need for some of these work-study …

November 15, 2019 Baseball / Hockey / Labor & Employment / Litigation / MLB / NFL / NHL / Tax

NFL, MLB, and NHL Players’ Associations Sue Pittsburgh Over “Unconstitutional” Athletes Fee

The city of Pittsburgh is being challenged for a fee it is charging nonresident professional athletes who play for Pittsburgh teams.

The NHL Players’ Association, MLB Players’ Association, and NFL Players’ Association, along with baseball player Jeff Francoeur and hockey players Kyle Palmieri and Scott Wilson, have sued the city of Pittsburgh. The city currently imposes a three percent general revenue income fee on professional athletes who reside out of state. Athletes who live in the city, however, pay only a one percent fee. Pittsburgh …

November 14, 2019 Celebrities / Contract / eSports / Labor & Employment / Litigation

Game On: FaZe Clan’s $20 Million Lawsuit Against eSports Gamer Will Continue

A federal judge will allow a $20 million contract lawsuit filed by FaZe Clan Inc. against a popular eSports star to proceed.

In May 2019, Fortnite player and social media celebrity, Turner Tenney, known to fans as “Tfue,” sued FaZe Clan, a popular eSports organization, in California state court. Tenney alleged that FaZe lured him and other gamers into “grossly oppressive, onerous and one-sided” contracts, allowing FaZe to make millions while Tenney earned a mere $60,000. He also filed a complaint with the California Labor …

November 12, 2019 Antitrust / Class Actions / Litigation / NCAA / Rights

NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon …