January 20, 2016 Concussions / Litigation

WWE, Discovery Going Forward in Concussion Suit

United States District Judge Vanessa L. Bryant of the Connecticut federal circuit lifted the discovery stay in a concussion lawsuit against the WWE on Friday, January 15, 2016. While many similar lawsuits against the wrestling company were transferred and consolidated before Judge Bryant over the last few years, the stay was lifted here only in regards to the claims filed by former wrestlers Evan Singleton and Vito LoGrasso.

Discovery will be limited, however, to allow the plaintiffs the opportunity to determine whether the WWE knew …

January 19, 2016 Golf / Litigation

Golf Legend Jack Nicklaus Files Motion to Dismiss Fraudulent Misrepresentation Suit

According to summary judgment motion papers filed by Jack Nicklaus on January 14, 2015, the golf legend asked the court to dismiss the plaintiffs’ $1.5 million claim. The action, filed in Utah federal court, rises from the plaintiffs’ investment in a planned golf course and the defendants’ alleged false representations.

The planned golf course was set to be built in Southern Utah for $3.5 billion. However, the luxury resort went bankrupt in 2009.

Plaintiffs Jeffrey and Judee Donner filed suit in 2011, claiming Jack Nicklaus …

January 19, 2016 Litigation / NFL

Upset Rams Fans Sue Team Over Move to LA

Just one day after the NFL met and approved the relocation of the St. Louis Rams to Inglewood, California, four fans brought a proposed class action against Rams owner, Stan Kroenke, and Rams Chief Operating Officer, Kevin Demoff, alleging that the two made misleading statements that caused fans to continue to spend money on team apparel and tickets believing that the team was staying in St. Louis.

On January 12, 2015, NFL owners met in Houston and approved a plan to move the St. Louis …

January 17, 2016 Litigation / NFL

NJ Judge Sustains Fraud Claims Against Eli Manning in Memorabilia Case

On Wednesday, January 13, 2016, Judge James DeLuca sustained racketeering and fraud claims against NFL quarterback Eli Manning and New York Giants’ equipment manager Joseph Skiba in relation to the 2014 action brought by Eric Inselberg, alleging that Manning and the New York Giants were distributing fake sports memorabilia. While Judge DeLuca sustained the racketeering and fraud claims, he dismissed several other claims alleged by Inselberg.

Eric Inselberg, a memorabilia dealer, brought suit in January of 2014, accusing the New York Giants of engaging in …

January 13, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NFL

It May Be “Lights Out” For Merriman’s Lawsuit Against Nike

On Friday, January 8, 2016, Nike, Inc. filed a motion for summary judgment, seeking to put to end to former NFL linebacker Shawne Merriman’s trademark infringement lawsuit.

Merriman filed the suit in April 2014, alleging that he is known as “Lights Out,” and that Nike has infringed on his trademark by selling their “lights out” product line because customers will mistakenly believe Merriman has endorsed it. Merriman stated: “After I was given the nickname “Lights Out” in high school, I decided to create a …

January 12, 2016 Litigation

Former Wrestler’s Widow Urges Court to Continue Wrongful Death Suit Against WWE

Nelson Frazier, Jr.’s widow filed a response brief to World Wrestling Entertainment’s motion to dismiss on Wednesday January 6, 2016, arguing that her complaint sufficiently claims the wrestling body concealed the potential risks of head injuries from their entertainers, which led to her husband’s death.

The WWE made a motion to dismiss in December, claiming that Frazier’s widow — who originally filed suit against them in February 2015, asserting a wrongful death action, amongst other things — failed to sufficiently explain a causal connection between …

January 12, 2016 Litigation

New York Sports Case Law Update: Recent Applications of the Assumption of Risk Defense in Sports Injury Actions

According to the doctrine of primary assumption of risk, a participant in a sport or recreational activity is deemed to consent to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation. A trio of recent cases from New York’s Appellate Division, Second Department illustrate when the doctrine of primary assumption of the risk will — and when it will not — provide summary judgment to a defendant in a sports injury …

January 11, 2016 Litigation

Those “Bare Necessities” — Heirs of Jungle Book Songwriter Seek Royalties From Disney’s VHS and DVD Sales

Children of the late Terry Gilkyson, a folk singer and composer, plead with a California appeals court Thursday to revive their lawsuit against two factions of the Walt Disney Company. The plaintiffs claim Disney owes the estate years of royalties due to their father’s deal with the company — Gilkyson wrote the “Bare Necessities” song for the 1967 movie classic, The Jungle Book.

Gilkyson’s heirs commenced the lawsuit in Texas state court during July 2013. The plaintiffs claim the estate is owed royalties, pursuant …

January 10, 2016 Celebrities / Fraud / Litigation

“The O.C.” Star Sues Mother for Fraud

Mischa Barton — former star of the hit TV show “The O.C.” — filed suit against her mother, Nuala Barton, in April, alleging fraud and breach of fiduciary duties, among other causes of action. On January 3, 2016, a California judge determined that Mischa Barton’s suit did not adequately allege fraud, but told the actress that she may amend her complaint.

Barton’s complaint writes that the “action arises from the tragic tale of a greedy stage mother posing as a talent manager who, instead of …

January 9, 2016 Litigation / NFL

Parents of Youth Soccer League in San Francisco Sue Over Upcoming Super Bowl Media Frenzy

In leading up to Super Bowl 50 on February 7, 2016, the football world will descend upon the San Francisco 49ers’ Levi Stadium. In particular, the media will descend upon the Santa Clara Youth Soccer Park, which is directly adjacent to the stadium and boasts world-class grass conditions.

The media plans to form a “media village” on the youth league’s three fields, and alterations are already underway as of this past Monday, January 4. Soccer moms and dads are not happy, and parents and coaches …