Another Concussion Related Headache for NCAA and SEC

Yet another former football player has been added to the long list of former students suing the NCAA for its alleged negligent treatment of concussions. On June 8, 2016, Orenthal James Owens, a defensive back for the Tennessee Volunteers (2000-2003), filed an action in Indiana federal court claiming that the NCAA and SEC exposed him to the debilitating effects of concussions by turning a blind eye.

During his time with the Volunteers, Owens remembers blacking out and suffering from memory loss following repeated blows …

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Suit Brought by Patriot Fans is Dismissed

On June 10, 2016, a Massachusetts federal court dismissed a suit brought by seven New England Patriot fans, seeking recovery from the Deflategate scandal. The fans were unable to persuade the court that they suffered as a result of the NFL’s handling of Deflategate.

In January of 2015, the New England Patriots, including quarterback Tom Brady, played the Indianapolis Colts in the Super Bowl. Shortly after their victory, the Patriots were accused of tampering with and deflating footballs used during the game. The NFL …

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Reduction of NHL Player’s Suspension for Allegedly Striking an Official Heads To a New York Federal Court

On June 9, 2016, the National Hockey League filed suit in New York to challenge an arbitrator’s decision to reduce Calgary Flames defenseman Dennis Wideman’s suspension for “intent to injure” and “abuse of an official.” In its complaint, the NHL argues the arbitrator overstepped his bounds by substituting his own judgement for that of the NHL’s rather than assessing whether the NHL’s determination was reasonably supported.

This complaint stems from a January 27, 2016 game between Wideman’s Calgary Flames and the Nashville Predators. Midway …

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Nike Successfully, but Temporarily, Prevents Rising Track Star From Running in Rival’s Gear

On June 7, 2016 an Oregon federal court granted Nike’s request for a temporary restraining order which would prevent track star Boris Berian from wearing or endorsing any of Nike’s competitors for a short period of time. The order handed down on Tuesday will keep Berian out of New Balance products until at least June 21, when a more permanent solution to the contract dispute is handed down.

Berian is the 800-meter world indoor champion and has become one of the faces of middle distance …

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Double Teamed: Judge Sides with Hogan, Blocks Gawker from Releasing Additional Footage

On Tuesday, June 7, 2016, Judge Pamela A.M. Campbell banned any further use or disclosure of the sex tape involved in Hulk Hogan’s privacy suit against Gawker Media LLC. The Florida judge’s ruling prohibits Gawker from posting, publishing, or broadcasting any portion of the 30-minute sex tape to protect the public interest and the wrestler’s privacy rights. In March, a Florida jury awarded Hogan, whose real name is Terry Bollea, $140 million in damages for publishing a sex tape between the wrestling icon and his …

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Ed Sheeran Sued For Copyright Infringement

British pop star Ed Sheeran has been sued for copyright infringement by two California songwriters. Martin Harrington and Tom Leonard claim Sheeran and co-writer Johnny McDaid of the band Snow Patrol copied, almost note for note, a song titled “Amazing” when they wrote Sheeran’s hit song “Photograph.” “Amazing,” sung by Matt Cardle, peaked at No. 84 in the United Kingdom. “Photograph” became a top 10 hit in the United States, selling over 3.5 million copies.

The other named defendants in the lawsuit are McDaid, Sony …

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DraftKings Taking a Gamble: Daily Fantasy Sports Operation Bets Gambler’s Wife is Insincere in Requested Damages

On June 3, 2016, Daily fantasy operator DraftKings insisted a Tennessee federal court continue to review a woman’s lawsuit to be reimbursed for her husband’s daily fantasy gambling losses. Previously, Erica Miller filed a motion to have her suit returned to Tennessee state court because her request for damages just under $47,000 — well under the $75,000 threshold required for federal jurisdiction. This lawsuit has developed a bizarre shift in traditional legal practice where the plaintiff is saying they want less money and the defendant …

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Deflategate Continues: Pro-Labor Organization Voices Concern About Power of Arbitrator

On May 23, 2016, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), a pro-labor federation, filed an amicus brief in support of Tom Brady. This comes after the Second Circuit U.S. Court of Appeals overturned the district court and held in favor of the NFL, stating that Goodell properly exercised the authority bargained for in the collective bargaining agreement between the National Football League (NFL) and NFL Player’s Association (NFLPA). Tom Brady and his lawyer requested a re-hearing by the three-judge panel …

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Third Circuit Denies Rehearing NFL Concussion Settlement, Compensation Forthcoming

On Wednesday, June 1, 2016, the Third Circuit Court of Appeals denied the petition to rehear an objection to the NFL’s concussion settlement. Former players still unsatisfied with the settlement plan asked for the full Third Circuit to review the court’s April unanimous decision to affirm the lower court’s ruling. The uncapped settlement, settling about 5,000 NFL concussion-related lawsuits, provides up to $5 million to individual players suffering from severe neurological diseases. As the settlement covers over 20,000 retired players, the agreement could cost …

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Reggie Bush’s Stadium Slip Suit Will Go Back to State Court

On June 3, 2016, a Missouri federal court judge ordered that Reggie Bush’s stadium slip lawsuit be sent back to state court, finding that Bush’s premises liability claims do not bring forth a federal question.

Reggie Bush, former Heisman Trophy recipient and running back for the San Francisco 49ers, sued the city of St. Louis, which owns Edward Jones Dome. In the fall of 2015, Bush was playing a game in the Edward Jones Dome, when another player pushed him off the field. The push …

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