NFL Hit With Another Concussion Lawsuit

On Wednesday November 11, 2015, the son of former professional football player Art DeCarlo brought a wrongful death suit against the National Football League in New York State Supreme Court on behalf of his father’s estate. The son chose to file an individual suit rather than participate in the contested concussion settlement agreement reached between the NFL and former players for more than $765 million. That settlement is still waiting approval on appeal.

According to the complaint, DeCarlo played in the NFL from 1953 to …

November 18, 2015 NFL

US Supreme Court Denies “Jock Tax” Review, Cleveland to Refund Millions

Last week, the United States Supreme Court declined to review the Ohio Supreme Court’s decision to strike down Cleveland’s “jock tax.” The Ohio Supreme Court previously agreed to suspend its decision while the city appealed, but now that the U.S. Supreme Court has denied certiorari, the city must begin to refund players millions.

Cleveland is one of eight cities that have implemented a so-called “jock tax,” which is an income tax levied on NFL players visiting the city for a road game. The decision to …

November 10, 2015 Intellectual Property, Copyright, and Trademark / Litigation / NFL

Who’s Next? Patent Holder Targets NFL in Latest Lawsuit

Virtual Gaming Technologies LLC (VGT) is no stranger to filing infringement suits against fantasy sports operators. This week, the patent holder has filed lawsuits against FanDuel, DraftKings, Fox Sports, ESPN, Draftpot, and DraftDay. On November 5, 2015, the company targeted a new defendant—the National Football League.

In its complaint, filed in the Eastern District of Texas, the company alleges that the NFL Interactive Gaming Platform infringes upon its patents which similarly offer live scoring in relation to player performance. The plaintiff patent holder …

November 7, 2015 NFL

Dolphins Put in Bid For up to $90M In Tax Rebates Under Florida’s Sports Development Program

The Miami Dolphins along with the Jacksonville Jaguars, Tampa Bay Buccaneers, and Daytona Speedway, have filed applications under Florida’s Sports Development Program to recover millions each year in state tax revenue. The program, established in 2014, allows the state to distribute up to $13 million of tax revenue each year to assist in the renovation of qualified professional sports facilities in the state of Florida. In order to receive disbursements under the program, professional sports organizations must submit a proposal to the Florida Department of …

November 6, 2015 NFL / Trademark

The Uphill Fight to Protect The Washington Redskins’ Trademark Continues

On Friday October 30, 2015, the Washington Redskins initiated its appellate argument against the federal judgment upholding the cancellation of the franchise’s trademarks. The appeal to the Fourth Circuit marks the continuation of a two-decade long fight between the NFL franchise and a group of Native Americans who believe that the team name is a disparaging term, in violation of Section 2(a) of the Lanham Act.

In June of 2014, the U.S. Patent and Trademark Office (PTO) cancelled six trademarks under the Washington Redskins name …

October 29, 2015 NFL

Deflategate Appeal: NFL Files Opening Brief with Second Circuit

On Monday, October 26, 2015, the National Football League (NFL) filed its opening brief with United States Court of Appeals for the Second Circuit requesting that the district court’s “Deflategate” ruling be overturned.

The original decision, issued by District Court Judge Richard Berman, reversed the NFL’s 4 game suspension of Patriot’s quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to deflate footballs. In reversing Brady’s suspension, Judge Berman held that the NFL did not provide Brady with …

October 28, 2015 Litigation / NFL

Uncertainty Looms for Arizona Cardinals’ Stadium Bond Holders

Over the past year, operators of University of Phoenix Stadium — home of the National Football League’s Arizona Cardinals — have lost two lawsuits over the legality of its rental-car taxes used to fund the stadium.

Back in 2000, Arizona’s legislature issued bonds for funding backed by a number of sources (which also included an agent from Winnie Dodge Dealership), with a car rental tax making up about one-third of revenue. Arizona voters approved the car rental tax, and the stadium was completed in …

October 23, 2015 Antitrust / NFL

NFL and DirecTV’s “Sunday Ticket” Subject of Antitrust Lawsuit

On Friday, October 16, 2015, five plaintiffs brought suit against the NFL, its 32 teams, DirecTV, CBS, NBC, Fox, and ESPN, alleging that current NFL broadcasting agreements violate the Sherman Anti-Trust Act.

The plaintiffs allege that DirecTV’s “NFL Sunday Ticket” stifles competition and unfairly raises prices. Currently, the NFL Sunday Ticket — an out-of-market sports package — is the only way for viewers to watch regular season games outside of the limited games available on CBS, NBC, Fox, NFL Network, and ESPN. This, the plaintiffs …

NFL and Others Seek Continued Stay in Discovery Proceedings — At Least for Now

The National Football League, Associated Press, and seven professional photographers recently took shots at each other in an attempt to persuade the court on whether or not to grant a motion to stay discovery indefinitely, or at least until the federal court has had the opportunity to rule on the defendants’ motions to dismiss. Brought in the Southern District of New York, the lawsuit relates to claims made by the photographers against the NFL, AP, Getty Images, and NFL Replay for copyright infringement and antitrust …

October 14, 2015 Insurance / NCAA / NFL

Football Insurance? You Bet

This post first appeared on Goldberg Segalla’s Professional Liability Matters blog.

Professional athletes are worth a lot of money. When they are on top of their game they are capable of raking in the dough for themselves and their organizations. However, if they become injured or otherwise unable to perform a lot of money is at stake. Therefore, it’s not unusual for athletes to obtain disability insurance policies, covering them in the event of a career ending injury. In fact with respect to collegiate athletes, …