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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State Laws Banning the “Redskins” Nickname Passed in CA Following Federal Proposals

On September 10, 2015, Rep. Eleanor Holmes Norton (D-D.C.) threatened to introduce a bill proposing to revoke the NFL’s federal antitrust exemption status for permitting the continued use of the Washington Redskins moniker. Now, the Redskins nickname is being threatened under state laws in California.

The “California Racial Mascots Act,” as the new legislation is known, passed in the California state assembly on Thursday September 10, 2015—the same day Norton made statements introducing her new bill proposal. The Act now rests on the desk of …

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Is Mayweather’s Undefeated Record Potentially Subject to a TKO Loss?

A Quick Look at the Potential Fall-Out from the Revelation that Floyd Mayweather, Jr. Used a Banned IV Following His Weigh-In for the Super Fight with Manny Pacquiao

In the build-up to his upcoming September 12, 2015 bout with Andre Berto, much has been made about undefeated, multi-division world champion Floyd “Money” Mayweather, Jr., now 48-0 (26 KOs) being able to tie the legendary heavyweight champion Rocky Marciano’s 49-0 pre-retirement record with a victory. If he does, Mayweather has indicated that he too will retire …

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The NCAA Continues Opposition of Class Certification in Scholarship Antitrust Actions

On Tuesday September 8, 2015, the NCAA continued its opposition of class certification in a multidistrict antitrust litigation, which seeks to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams. The lawsuits, filed on behalf of past and current NCAA athletes, also aim to reduce restrictions on what schools can offer their players—like compensation, for example.

The plaintiff’s initial filing seeking class certification came in April 2015. For the individual cases to be certified, …

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A Deal is a Deal: the NFLPA’s Motion to Reopen Past Litigation is Denied

On Tuesday September 8, 2015, a federal district judge denied a motion filed on behalf of the NFL Players’ Association, which attempted to reopen the long-running “Reggie White” case. Ending in 1993 with a settlement agreement, the Reggie White case was a class action antitrust lawsuit against the NFL. The settlement ultimately led to the league’s current unrestricted free agent system.

However, the CBA agreement arising from the White settlement was not renewed, and it expired in 2011. This subsequently led to a lockout of …

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Another Plaintiff Joins the Trend: The NFL-DirecTV Antitrust Litigations

Over the course of Summer 2015, the NFL and DirecTV have been served with nine separate antitrust lawsuits, alleging that the defendants’ “NFL Sunday Ticket” agreement is in violation of the antitrust laws.  All complaints have been filed on behalf of commercial entities, such as bars and restaurants, and the most recent complaint, filed by Jammers, Inc., owner of a bar in Los Angeles, proposes a class action lawsuit against the defendants.

While all major American professional sports leagues have out-of-market broadcasting agreements with …

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Titleist’s Golf Ball IP Litigation: Is There a Dimple Threatening the Case?

An action filed in Spring 2015 by Acushnet, manufacturer of Titleist golf balls, sued ten direct-sale golf companies for patent infringement.  The plaintiff alleged that the defendants were selling golf balls using Titleist’s “triangular dipyramid dimple pattern.”  The pattern has 318 dimples made up of three different dimple sizes and arranged in a particular triangular pattern.

The link between the defendants is that each company purchased their golf balls from the same Taiwanese company before reselling them to customers through direct internet sales.  …

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The NHL Broadcasting Antitrust Case: The Effect of the Settlement Agreement on Viewer Options

On Tuesday September 1, 2015 the NHL’s settlement agreement with the plaintiffs in the broadcast antitrust lawsuit was approved by the federal judge. The action was initially filed in 2012, and the settlement was presented to the judge for approval this past June.

NHL games are broadcast both on television and over internet streaming. In recent years, fans choosing to watch games over television broadcasting have had two viewing options. Through the first option, viewers could watch their local market’s team through the local …

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Improper Notice and Arbitrary Discipline: Brady Says to Goodell, “Can’t Touch This”

On Thursday September 3, 2015 Judge Richard Berman, federal district court judge in the Southern District of New York and the adjudicator of the Tom Brady Deflategate scandal, issued a decision and order in the litigation between Brady and the National Football League. The lawsuit concerned the legality of the quarterback’s four-game suspension. Ultimately, Judge Berman reversed the NFL’s arbitration decision to suspend Brady; meaning, unless an emergency injunction is approved by the appellate court, Brady will be available to play in the Patriots’ Week …

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