Category Archives: MLB

Upping the Ante in Fantasy Sports Litigation: NHL, NBA, MLB Added as Defendants in FL Action

Dozens of federal lawsuits have been filed against DraftKings, Inc. and FanDuel, Inc. since the insider trading scandal made news in September 2015.  By way of a substantial amendment to their complaint, the plaintiffs in a Florida action have added numerous additional defendants. This putative class action, known as Gomez v. FanDuel, Inc. et al, was filed in the Southern District Court of Florida on October 15, 2015.  The suit alleges state law negligence claims against DraftKings and FanDuel — the two industry…

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Illinois Judge Grants Temporary Restraining Order Against MLB, NHL, and NBA Counterfeiters

On November 6, 2015, U.S. District Judge Andrea R. Wood filed a temporary restraining order (TRO), prohibiting unidentified online retailers from producing and distributing counterfeit sporting merchandise. The suit, brought in Illinois federal court last month by MLB, NHL, and NBA league affiliates, seeks to prevent the defendant retailers from selling products featuring their logos and claims $2 million in damages for the use of their trademarks. In their suit, the leagues claim that online retailers — believed to be based in China — have…

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Major League Baseball Strikes Back Against Request from Fans for Deposition

On October 19, 2015, Major League Baseball and its co-defendants quickly responded to a letter written by baseball fans to Hon. Judge Scheindlin asking for permission to depose Commissioner Robert Manfred. While the fans in the antitrust lawsuit are seeking to depose the Commissioner in regards to MLB broadening the topics Mr. Manfred is to testify to at trial, the defendants responded with some rather convincing arguments to Judge Scheindlin in opposition. First, MLB argues that the fans should not be able to depose the…

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Fans Write Judge, Seek Commissioner’s Deposition

On October 14, 2015, a letter was written to Hon. Judge Scheindlin of the Southern District of New York asking for the opportunity to depose MLB Commissioner Robert Manfred. The letter, written by counsel representing a class of baseball fans, is in relation to an antitrust class action suit filed in 2012 against Major League Baseball and its broadcasting blackout rules. The fans are challenging the restrictions that MLB and the major cable and satellite companies are able to impose on local television broadcasting for…

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Supreme Court Again Refuses to Hear Case Involving Antitrust Exemption for MLB

The U. S. Supreme Court will not be hearing the latest in a long-line of antitrust suits filed against Major League Baseball, as it was determined Monday that the city of San Jose’s petition for certiorari was denied.  The city had filed the petition in response to a dismissal on appeal in the Ninth Circuit earlier in January of this year. The antitrust lawsuit came about in 2013 after San Jose had unsuccessfully attempted to relocate the Oakland Athletics an hour South along the Californian…

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MLB Moves To Dismiss Safety Net Class Action

On Friday, October 2, 2015, Major League Baseball filed a motion to dismiss a proposed class-action lawsuit alleging that the MLB has failed to protect fans from foul balls and bats. The lawsuit was filed in July by Oakland Athletics season-ticket holder Gail Payne. Payne is seeking class-action status on behalf of all season ticket holders currently sitting in unprotected areas of MLB ballparks. The suit seeks no monetary compensation, but instead seeks an injunction requiring the MLB to install additional netting. Major League Baseball…

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MLB Continues Fight Against Fans in Antitrust Cable Lawsuit

In 2012, sports fans filed suit against the MLB, NHL, and the Yankees Sports & Entertainment Network (YES), among others, alleging that their TV “blackout” rules are illegal. Sports leagues’ TV blackout rules have long frustrated sports fans. U.S. District Court Judge Shira Scheindlin provided an example of a typical situation for out-of-market sports fans in her 2015 opinion granting class action certification: A Yankees fan who lives in Iowa cannot purchase only the YES Network—as a fan living in New York can—he must…

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Minor Leaguers to Appeal Dismissal of Antitrust Action Against MLB

Earlier this month, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust lawsuit. On Wednesday, the minor league players informed the court that they plan to appeal the decision. The lawsuit—a class action filed in 2014—alleges that the MLB violated federal antitrust laws by suppressing the compensation of minor league players through its anti-trust exemption. District Judge Haywood S. Gilliam, Jr. dismissed the case pursuant to a January 2015 decision in which the 9th Circuit upheld…

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Minor Leaguers’ Antitrust Action Against MLB is Dismissed

On September 14, 2015, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust action. The class action claimed that the MLB violated federal antitrust law, alleging that the league suppressed the compensation of minor league players through its antitrust exemption. This historic exemption was established by the U.S. Supreme Court in 1922. District Judge Haywood S. Gilliam, Jr.’s decision dismissed the case pursuant to a January 2015 decision in which the 9th Circuit upheld the MLB’s antitrust…

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Former Major League Baseball Umpire Loses Comp Appeal Seeking Continuing Benefits

Mark Hirschbeck, a former Major League Baseball umpire ultimately sidelined following a hip replacement and subsequent complications, lost his bid to receive continuing workers’ compensation benefits before the New York State Supreme Court, Appellate Division, Third Department. Hirschbeck retired part-way into the 2003 season when it was determined that he needed a hip replacement as a result of a 2002 injury. He received benefits through the New York workers’ compensation system and was subsequently deemed permanently partially disabled. Hirschbeck commenced a separate action alleging medical…

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