On Monday December 7, 2015, the National Football League Players Association and New England Patriots quarterback Tom Brady jointly file a response brief in the United States Court of Appeals for the Second Circuit, arguing that Roger Goodell over-stepped his boundaries in slamming the future hall of famer with a four game suspension for his role in the “Deflategate” scandal. On September 3, District Court Judge Richard Berman overturned Brady’s suspension, determining that the NFL and the Commissioner’s Office failed to abide by the …
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After Finding of CTE, Father of Deceased Hockey Player Sues NHL
After threatening to sue the NHL for months, the father of deceased ex-NHL player Steve Montador finally filed suit in a federal court on December 8, 2015.
Montador, who suffered a career-ending concussion in 2012, was found dead in February 2015 at the age of 35. In May 2015, after studying Montador’s brain, doctors released their finding that the player had chronic traumatic encephalopathy (CTE) — a brain degenerative disease believed to be caused by multiple concussions sustained over the course of time. That same …
Continue ReadingPharrell, Thicke, and T.I. Appeal “Blurred Lines” Decision
Earlier this year, a jury awarded the Marvin Gaye family $7.36 million from Robin Thicke, Pharrell Williams, and T.I. for copying Marvin Gaye’s “Got to Give it Up” when writing their hit song “Blurred Lines.” On Monday, December 7, 2015, Thicke, Pharrell, and T.I. appealed to the Ninth Circuit.
The copyright infringement suit was commenced in August 2013 in a California federal court by the Estate of Marvin Gaye. The Estate argued that “Blurred Lines” — the most popular song in the world in 2013 …
Continue ReadingTime Out: NCAA Shoots Back Against Former QB’s Proposed Class Certification
On Thursday December 3, 2015, the National Collegiate Athletic Association filed a motion in opposition to a proposed class certification in an Indiana federal court. Former Gardner-Webb University quarterback John Rock filed for certification earlier this year, and had requested the court to order the NCAA to produce documents to help certify the class and ascertain individual members. Rock originally filed suit against the NCAA in 2012, which was subsequently dismissed in 2013 without prejudice; currently, after amending his complaint, Rock is seeking class certification …
Continue ReadingAttempts to Hurdle the Court: DraftKings and FanDuel Meet With NY Lawmakers
On December 8, 2015, representatives from the daily fantasy sports (DFS) industry met at a joint hearing in Albany with New York lawmakers. The companies argued their positions on DFS before the New York Assembly standing committees on Racing and Wagering and Consumer Affairs and Protection.
DraftKings, Inc. and FanDuel, Inc. — DFS industry leaders — are awaiting a New York trial court decision on whether to enjoin the companies’ business operations. In November 2015, N.Y. Attorney General Eric Schneiderman filed a preliminary injunction motion, …
Continue ReadingDavid Beckham Takes Another Step to MLS Expansion in Miami
David Beckham’s goal to obtain an expansion Major League Soccer (MLS) team took a step closer to becoming reality. According the Miami-Dade County Mayor Carlos Gimenez, Beckham has signed a nonbinding letter of intent to buy a property in downtown Miami to house a stadium. The land is adjoining to a private lot that Beckham and his ownership group have previously secured. Beckham is proposing a 30,000-seat stadium in the Overtown area. The sales price will be determined by the fair market value of …
Continue ReadingGolf Club Members to Court: Trump Not Entitled To Summary Judgment
A Florida Federal District Court received a response in opposition for summary judgment motion on Monday November 30, 2015, by a class of former Ritz-Carlton Golf Club & Spa members seeking refunds on allegedly denied membership deposits. The response motion was filed against Donald Trump’s Jupiter Golf Club LLC, which had moved for summary judgment earlier this year. Trump had purchased the highly-touted Florida country club in 2012.
The class argues that Trump bought the club on condition it abide by the then-existing membership agreements …
Continue ReadingJudge Alludes to Dismissal of Caddy Ad Lawsuit
At a hearing on Thursday, December 3, 2015, U.S. District Judge Vince Chabbria indicated that he is likely to dismiss an antitrust lawsuit brought by professional caddies against PGA Tour, Inc.
In February 2015, professional caddie Mike Hicks and 81 others filed a class-action antitrust suit against the PGA Tour in a California federal court, alleging the Tour’s misappropriation of their “likeness and images in commercial activities.” The caddies seek for a share of revenue flowing in from caddies wearing bibs that display sponsors’ logos, …
Continue ReadingFTC and Montel-Endorsed Apparel Company Settle Lawsuit
On Tuesday December 1, 2015, the Federal Trade Commission, the government body behind legal advertising in the United States, announced it had reached a $1.35 million settlement with Tommie Copper, a clothing company who had advertised its garments could alleviate body aches and pains special copper-infused compression wear. The announcement of the settlement comes on the heels of the FTC filing suit against the company last week in a New York Federal Court. The FTC claimed that the company committed fraud through its advertisements, claiming …
Continue ReadingStubhub Files Notice of Appeal in Antitrust Lawsuit
On Tuesday, December 1, 2015, Stubhub filed its Notice of Appeal with the U.S. Court of Appeals for the Ninth Circuit, urging the Circuit Court to review its recently dismissed lawsuit against the reigning NBA champions, the Golden State Warriors.
Stubhub originally filed its lawsuit in April, alleging that the Warriors violated the Sherman Antitrust Act by restricting the “resale” of season tickets to Ticketmaster’s platform. The Warriors and Ticketmaster countered with a motion to dismiss, arguing that Stubhub failed to allege a …
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