Burden on MLB to Justify A-Rod Suspension

A disgruntled former employee of Biogenesis of America, a Coral Gables, Florida “Anti-Aging Clinic,” angry over unpaid wages, leaked records indicating that as many as 20 Major League Baseball (MLB) players were purchasing banned performance enhancing drugs (PEDs), including Human Growth Hormone (HGH), testosterone, and anabolic steroids. Biogenesis was an “anti-aging” clinic owned by Anthony Bosch, just across U.S. 1 from the University of Miami, housed in what was once a motel.  Biogenesis offered its mostly wealthy clients assistance in weight loss, physical fitness, and in some cases psychological services. Although Bosch is not a physician, he wore a lab coat with “Dr. Tony Bosch” on it, giving the impression that he was a doctor. Based on the leaked Biogenesis records, MLB sued the owner of the Biogenesis, Bosch, alleging that ...
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A-Rod PED Scandal Goes On … And On

On Monday, Major League Baseball suspended Alex Rodriguez and 12 other players in connection with their use of performance enhancing drugs obtained from the, ahem, wellness clinic Biogenesis run by Anthony Bosch. Ryan “I would bet my life that this substance never entered my body” Braun was already suspended a few weeks ago. The Miami New Times first broke the Biogenesis story in January 2013. MLB began an investigation immediately, but the paper wouldn’t turn over its supporting documents to MLB. Bosch, of course, denied everything at first. So MLB shrewdly filed a lawsuit against Bosch – on a tortious interference theory of liability – and Bosch folded. The director of the “wellness” and “anti-aging” clinic cooperated with MLB and disclosed his damning documents. The Joint Drug Agreement between the Commissioner’s office and the Major ...
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ABA’s Blawg 100 – Nominations Due August 9th

The ABA Journal is putting together its annual list of the 100 best legal blogs, based on reader votes. As publishers of the Sports and Entertainment Law Insider, we are proud to be considered for this prestigious list — and we would be honored if you would help. If you enjoy visiting the Sports and Entertainment Law Insider, and believe it is worthy of industry recognition, please click here to visit the ABA Blawg 100 Amici page and nominate us before the August 9 deadline. Thank you!  
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NCAA Hits Back, Seeks Dismissal of Lawsuit filed by Paterno Family Stemming From Sandusky Scandal

The NCAA wants a judge to dismiss the lawsuit brought by the family and supporters of late football coach Joe Paterno. Alleging that the claims are “baseless,” the NCAA filed its response to the Paterno family’s civil lawsuit last week on the day marking the one year anniversary since the NCAA sanctioned PennState for the Jerry Sandusky scandal with unprecedented penalties that included a $60 million fine. This is just the latest chapter from the embarrassing scandal which has tarnished the university’s brand and hindered its ability to transform its culture. The Paterno family filed its lawsuit at the end of May seeking that the court to overturn the sanctions on the grounds that the NCAA breached its contract with the university when it imposed the penalties without an investigation. ...
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I.AM.INFRINGING?

Blurring the lines (via possible dilution, of course) of who has the right to a trademark incorporating the words “I AM,” early last week Judge Michael Dolinger of the Southern District ordered attorneys to agree to a discovery schedule and move forward with the case I Am Other Entertainment LLC v. William Adams and I.Am.Symbolic, LLC, 13-cv-4547 or, as everyone else knows it, the lawsuit in which Pharrell Williams (Pharrell), writer/rapper/singer/producer and the voice behind some of this summer’s biggest hits (Daft Punk’s “Get Lucky” and Robin Thicke’s “Blurred Lines”), is suing will.i.am, writer/rapper/singer/producer and the mastermind behind the Black Eyed Peas. Pharrell seeks a declaratory judgment from the court that his proposed mark, “I AM OTHER,” which doubles as the name of his YouTube channel, and for which he has filed trademark applications in several different categories of goods ...
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Court Orders Rihanna to “Talk That Talk”

Pop star Rihanna was fined $47,050 for repeatedly missing depositions. The singer is suing her ex-accountants Berdon LLP for allegedly mismanaging her money. She says Berdon’s bookkeeping led the IRS to audit her, and now Berdon owes her millions. However, according to Berdon, she has been blowing of depositions since April. The original deadline for a deposition was April 19, 2013 in Los Angeles, but she pushed that date back to mid-May. Then, the deposition’s May deadline was rescheduled because of her concert.  Most recently, the day of, she cancelled a deposition set to take place in London. According to Berdon, Rihanna said that she was too ill to answer questions that day. That was after Berdon’s attorneys had flown all the way to London for the deposition. Enraged by ...
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If You Can’t Stand the Heat, Stay Out of the “Soup Kitchen”

A settlement dispute involving three iconic people is on the edge of scalding someone. Reggie Jackson and Willie Randolph, both former Yankees players, are close friends.  The two, along with many others, are invested in a company known as Soup Kitchen International (SKI).  A recent settlement dispute connected to SKI and the “Soup Nazi” may be driving a soup spoon between them. The Original Soup Man (OSM) is a chain of fast-food restaurants made famous by the “Soup Nazi” character on the sitcom “Seinfeld.” An earlier version of the chain called Soup Kitchen International (SKI) went bankrupt in 2009.  Former investors of SKI are now suing OSM accusing OSM of ruining SKI. They claim that OSM ran SKI into the ground and then stole its assets.  Allegedly, during a 2009 ...
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Former Penn State President Files Last Minute Libel Suit

On Tuesday, July 9, 2013, former Penn State president Graham Spanier filed suit against Louis Freeh. Freeh is the former FBI investigator behind a 267-page report  alleging that Spanier and other school administrators failed to protect children against Jerry Sandusky.  Spanier is suing Freeh for slander, libel, and defamation alleging  that the Freeh report makes accusations and reaches conclusions not supported by facts. Fortunately for Spanier, his lawsuit was filed one day before the statute of limitations ran. Under Pennsylvania law, a party can only bring a defamation action within one year from the alleged defamatory statements. Spanier filed his five-page notice of suit a day before the one year anniversary of the Freeh Report. In addition to Freeh, Spanier named Freeh’s law firm of Freeh Sporkin & Sullivan, LLP ...
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Judge Orders NFL and Former Players to Mediate Concussion Claims

On Monday, July, 8 2013 a Pennsylvania federal judge ordered a mass of National Football League (NFL) concussion cases to mediation. The cases were brought by more than 4,000 former National Football League players accusing the league of negligence and concealing the dangers of concussions. The players say the league has known for years, or even decades about the long-term dangers of concussions. The league responded that it released warnings based on the medical research available at the time. The NFL filed motions to dismiss the cases in which it denied wrongdoing and stated that player safety is governed by the collective bargaining agreement. The league contends the parties negotiated those terms and the issue is to be resolved in a confidential arbitration.  The players argue that the concealment was ...
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NCAA Litigation May Lead to Compensation of Student Athletes

It is well known that student athletes do not receive any of the revenue that their schools generate from ticket sales, television revenues, jersey sales, or similar profit-generating business transactions arising out of college athletics. However, former University of California at Los Angeles basketball player, Ed O’Bannon has commenced an action in the Northern District of California against the National Collegiate Athletic Association (NCAA) and the Collegiate Licensing Company seeking to recover damages from the licensing of his likeness to entities such as EA Sports, which produces popular video games that allow players to coach or play as avatars representing scholar athletes on their favorite teams.  In addition to video games, the action challenges the use of student athlete likenesses in television programs, trading cards and other commercial ventures without ...
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