On Thursday, July 7, 2016, Warner/Chappell Music Inc., the publishing company who was named as a co-defendant in the “Stairway to Heaven” copyright lawsuit that wrapped up last month, filed a motion to recover nearly $800,000 in attorneys’ fees and costs in California federal court. The fee request comes on the heels of a successful defense for the music company and mega-hit British rock band, where a jury concluded that frontmen Jimmy Page and Robert Plant had not infringed on any copyright in writing their …
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NCAA Class Action Battling Over Discovery
The NCAA is clashing further with the class members of the “grant-in-aid” class action over the production of documents during discovery. The NCAA student athlete scholarship class action lawsuits were consolidated to the California federal court in a multidistrict litigation. According to the complaint, the NCAA conferences (NCAA, Pac-12, Big Ten, Big 12, SEC, and ACC) “colluded” to offer scholarship to student athletes which are insufficient to pay the full costs of attending college. The student athletes claim this violates federal antitrust laws.
In March, …
Continue ReadingArena Attempts to Avoid Liability for Injury of Arena Football Player
Former Omaha Beef player, Jusmon Rivers, is suing arena manager Central Illinois Arena Management Inc. (CIAM) and others for contributing to the knee injury he suffered while playing in the Champions Indoor Football League in Bloomington, Illinois.
Johnston Contractors Inc., the arena contractor, was one of the defendants named in the suit. Judge McDade granted summary judgment in September 2015, reasoning that Johnston could not be held liable for the work of subcontractors. CIAM is now also seeking summary judgment, hoping for the same result …
Continue ReadingPop Star Darlene Love asks HGTV to Sing a Different Tune Over Use of Prominent ‘60s Christmas Song
On July 7, 2016 Darlene Love, “an icon of pop music’s golden age”, filed suit in a California federal court accusing HGTV of using her song “Christmas (Baby Please Come Home)” in its advertisements for the network’s holiday programming. Love alleges HGTV, owned by Scripps Networks Inc., used her song without permission, depriving her of licensing fees and labor union protection.
In her complaint filed on Thursday, Love sought to show that HGTV created multiple commercials using her song to imply to the …
Continue ReadingFox News Chairman Demands Arbitration in Sexual Harassment Case
Fox News chairman Roger Ailes, who was recently accused in a sexual harassment suit by former network personality Gretchen Carlson, has demanded the case be sent to arbitration as a condition of Carlson’s employment contract with Fox. Ailes’ demand was made because Carlson’s contract with Fox requires arbitration for any dispute between the parties. Carlson is arguing that because her claims are against Ailes himself, and not the network, the contract does not apply and she is entitled to a public jury trial.
Carlson alleges …
Continue ReadingAdidas: Skechers Copied Springblade Sneaker
On Monday, July 11, Adidas launched a new legal attack on Skechers. This time, the German sportswear company filed suit in Oregon District Court alleging that Skechers willfully infringed on their Springblade technology that is patented under US Patent Nos. 9,339,079 and 9,345,285.
At the presentation of the new Springblade shoe in 2013, Adidas described the shoe as “the first running shoe with individually tuned blades engineered to help propel runners forward with one of the most effective energy returns in the industry.”…
Continue ReadingNFL Hall of Famer Seeks to Tackle Riddell with Brain Trauma Lawsuit
On Thursday, July 7, 2016 NFL Hall of Fame member Paul Hornung hit Riddell Inc. and its parent company BRG Sports Inc. with a failure to warn lawsuit. Hornung alleges that Riddell, which promoted its plastic helmets beginning in 1939, claimed the product was the safest option, but knew that it could never adequately protect from brain trauma. Hornung believes his dementia was a result of his helmets inability to protect from brain injuries, as was promised.
Hornung is a former Green Bay Packer who …
Continue ReadingUniversity of Tennessee Reaches Settlement in Title IX Lawsuit
The University of Tennessee announced on Tuesday, July 5, 2016, that they have reached a settlement in the Title IX lawsuit brought against them by eight former female students. The settlement of $2.48 million comes after allegations of a “hostile sexual environment” at the university arising from a policy of indifference towards sexual assaults by student-athletes.
Seven of the eight plaintiffs in the lawsuit made allegations against UT athletes, and six athletes were accused by name. The plaintiffs alleged a “culture of sexual violence,” which …
Continue ReadingNFL Painkiller Case Allowed to Proceed
On Friday, July 1, 2016, a lawsuit brought by former National Football League players against all 32 NFL teams regarding reckless distribution of painkillers was allowed to proceed by Judge William Alsup of the Northern District of California. Judge Alsup had denied a similar case in 2014 on grounds of preemption by the collective bargaining agreement, but allowed this case to continue to the discovery phase of litigation because each team is named individually as a defendant as opposed to the NFL as a whole.…
Continue ReadingExpert Report Creates Further Contention in Court
The legal battle continues between the PGA Tour and pro golfer Vijay Singh. The lawsuit stems from a suspension that Singh received following a Sports Illustrated interview where Singh admitted to using deer antler spray, which contained a substance banned by the PGA Tour’s Anti-Doping Program. On April 30, 2013, the PGA Tour released a statement that the suspension had been lifted following further information provided by the World Anti-Doping Agency (WADA) and an investigation into the matter.
Following the release and reversal of the …
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