March 10, 2016 Litigation / Privacy Rights

Nashville Jury Awards Erin Andrews $55 Million

Fox Sports news reporter Erin Andrews was awarded $55 million on Monday, March 7, 2016 by a Nashville jury in a lawsuit over a secretly filmed nude video.

The $75 million lawsuit was brought against her stalker, Michael Barrett, as well as the owner and management company of the Nashville Marriott where the video was filmed.

Andrews’ attorneys argued that the hotel erred in allowing Barrett to learn where she was staying in the hotel, and by letting him book a room next to her. …

March 9, 2016 Concussions / Litigation / NHL

NHL Wants Independent Medical Examination of Former Players

In a Minnesota federal court on Monday, February 29, 2016, the National Hockey League filed a motion to compel the medical examinations of some of the former players in the concussion MDL suit currently sitting against the league. The NHL argues that in cases of this nature, i.e., those where a plaintiff makes a claim about his current and future mental and physical health, it is routine procedure for said plaintiff to undergo an independent examination. The league’s memo in support argues there exists good …

March 8, 2016 Litigation

Tit for Tat: Sports Apparel Giants Under Armour and Adidas Continue to Attack Each Other’s Patents

On Thursday, March 3, 2016, Under Armour argued to a Delaware federal judge that an Adidas patent for certain workout-tracking software and devices is overly broad. This is the latest development amidst a slew of ongoing intellectual property lawsuits between major sports apparel companies.

This particular dispute arises out of a lawsuit filed by Adidas in 2014, alleging that Under Armour infringed upon no less than ten mobile fitness patents owned by Adidas. Adidas further claimed that Under Armour’s director of innovation and research was …

March 7, 2016 Antitrust / Litigation / NCAA

The Big Leagues: NCAA Requests Extension to Appeal to SCOTUS Over Student-Athlete Compensation

On Thursday, March 3, 2016, the National Collegiate Athletic Association requested a 30-day extension to appeal from a Ninth Circuit ruling which held that the NCAA ban on compensation for the use of student athletes’ images and likenesses violated the Sherman Anti-Trust Act.

The litigation began in 2009 when former UCLA basketball player Ed O’Bannon and former ASU and University of Nebraska quarterback Sam Keller filed separate lawsuits against the NCAA, Electronic Arts Inc., and Collegiate Licensing Co. The original lawsuits claimed in part that …

March 4, 2016 Golf / Litigation

Trump Sues Neighbors Over Cut-Down Trees

On February 5, 2016, a golf resort and complex in Doral, Florida, filed five separate lawsuits against its neighbors on allegations of criminal trespass and destruction of property. The resort, titled “Trump National Doral,” which is owned and operated by a company headed by the Donald himself called “Trump Endeavor 12 LLC,” claims that neighbors to the course cut down plants and trees that abutted their respective properties. According to the individual complaints, which were filed separately against each homeowner, the foliage was planted completely …

March 1, 2016 Concussions / Litigation / NFL

NFL Concussion Litigation: Plantiffs’ Numbers Continue to Grow

On Tuesday, February 23, 2016, the children of retired NFL Quarterback Rudy Bukich joined the ongoing litigation against the NFL and Riddell Inc., alleging that the league and the helmet manufacturer were aware of the dangers of football but failed to take steps to mitigate it.

Rudy Bukich, now 85 years old, played for four NFL teams during the years of 1953 through 1968. The plaintiffs allege the following in their complaint:

Rudy Bukich has suffered extreme long-term brain damage, has advanced dementia, is kept …

February 29, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NFL

Copyright Controversy: NFL Players’ In-Game Performances Protected by Individual Publicity Rights

In a decision issued Friday,February 26, 2016 the Eighth Circuit affirmed a summary judgment ruling against NFL athletes John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White.

The dispute dates back to 2009 when a number of ex-NFL athletes sued the NFL, alleging in part that the NFL misappropriated their “names, images, symbols, and likenesses, to promote the NFL, sell NFL-related products, and otherwise generate revenue for the NFL” in violation of state right of publicity law and the Lanham Trademark Act of 1946. …

February 29, 2016 Litigation / NFL

Dallas Police Refer Johnny Manziel’s Case to Grand Jury

The news surrounding former Heisman winning quarterback Johnny Manziel has gone from bad to worse. Dallas police have indicated that they will refer Manziel’s case, stemming from a well-publicized January 30, 2016 incident with ex-girlfriend Colleen Crowley, to the district attorney as a misdemeanor assault/domestic violence charge. In court documents, Crowley accuses Manziel of hitting her and threatening to kill her in a sequence of events that began in a Dallas hotel room and ended at her Fort Worth apartment. Crowley alleges the blow …

February 19, 2016 Antitrust / Intellectual Property, Copyright, and Trademark / Litigation / NFL

NFL and Associated Press Want Photographers’ Antitrust Suit Tossed Forever

On Thursday, February 11, 2016, the NFL and The Associated Press asked a New York federal judge to dismiss a group of professional photographers’ second attempt at asserting copyright and antitrust violations over the use of their photos taken at NFL games. At the hearing, the league and the media body — along with their co-defendants in the case, including Getty Images and Replay Photos LLC — argued that the photographers had failed to allege any new facts or claims in their second amended complaint, …

February 18, 2016 Litigation / NCAA

“No Subs Allowed” — NCAA Responds to Former Footballer’s Proposed Intervention Bid

On Monday, February 9, 2016, the NCAA responded to a former college football player’s bid to intervene as a proposed class representative in an antitrust lawsuit against the association, stating such intervention is unjustified in the pending Indiana federal court action. The response comes nearly two weeks after ex-Weber State University cornerback Devin Pugh filed a motion to replace former Gardner-Webb University quarterback John Rock in the event Rock was found to be an inadequate class member. Rock had filed suit to challenge the number …