NCAA and Riddell Hit Head On With Concussion Case

Two former college football players “hit” the NCAA with another concussion case.  This comes just one week after it agreed to mediate concussion claims in another pending case.  All told, the NCAA now has three potential class action suits pending against it regarding concussion claims. Former Washington and Oregon quarterback, John DuRocher, and former Washington safety, Darin Harris, filed the suit in an Indiana federal court.  They are seeking over $5 million in damages for the repeated head injuries they sustained while playing.  According to…
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FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito:…
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Disney Suing Musical Company for Infringement

Last week, entertainment giant Disney file suit against a Pennsylvania based Entertainment Theatre Group, doing business as American Music Theatre (AMT).  In its complaint, Disney alleges that AMT’s production, Broadway: Now and Forever, infringes its rights and is seeking damages. AMT is staging Broadway: Now and Forever, a show that billed as a “larger-than-life theatrical compilation of unforgettable music from the hottest new blockbusters to all-time favorite classics.” “Broadway: Now and Forever recreates the greatest moments ever on stage.” The show…
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NCAA Agrees to Mediate Concussion Claims

Former federal judge Layn Phillips is heading back to mediation with parties over concussion claims.  This time he will preside over claims by former college football players against the NCAA. The suit was filed two years ago by former Eastern Illinois player Adrian Arrington and three others.  Arrington, now 27, suffers from seizures that he alleges are a product of repeated head trauma suffered while playing as a defensive back.  The players, who are seeking class action status, are asking for unspecified money damages, long…
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NCAA to Gradually Restore Penn State’s Football Scholarships

The NCAA announced this week that it will reduce the unprecedented sanctions against Penn State’s football program by gradually restoring scholarships starting next season. Modifications to other sanctions, such as reducing the four-year postseason ban, may be on the horizon but were not announced. We all remember when the crimes committed by Jerry Sandusky were splashed on the front pages of newspapers, and when the case involving the notorious former Penn State assistant coach was the focus of every news channel for months. After Sandusky…
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EA & CLC No Longer “In the Game” With College Athletes

After a long legal battle with college athletes, Electronic Arts (EA) and the Collegiate Licensing Company (CLC) are calling it quits.  On September 26, 2013, the companies announced that they reached a settlement agreement with the former college athletes.  If the judge approves the settlement, the NCAA will be forced to defend the suits on its own. Four years ago, former UCLA basketball star Ed O’Bannon filed a lawsuit against the NCAA, EA, and CLC focusing on college athletes’ rights and compensation.  O’Bannon sought…
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SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP…
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Armstrong Faces Uphill Battle Against US Justice Department’s Lawsuit

In the wake of Lance Armstrong’s doping confession, the tide is still not settled. On Monday, September 23, 2013, the US Department of Justice, on behalf of the US Postal Service, urged a federal judge to allow the government’s fraud lawsuit against Armstrong to continue. In January 2013, the Toure de France “winner” confessed to using performing enhancing drugs in a television interview with Oprah Winfrey.  The confession was “arguably the greatest fraud in the history of professional sports,” according to a government filing. In…
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Eighth Circuit Retires Former Player’s Claims Against NFLPA

On September 23, 2013, the Eighth Circuit Court of Appeals affirmed a decision that rejected NFL retirees’ claims against the NFL Players Association (NFLPA).  The retirees alleged that they were wrongfully excluded from settlement negotiations during the 2011 NFL lockout.  As a result, they claimed they lost out on at least $600 million in benefits. Two lawsuits were filed during the lockout.  One suit was brought by active players against the NFL and the other by retired players against the NFL and its teams.  Since…
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Run DMC(A): No Safe Harbor for Vimeo against EMI?

It started with a simple equation: “Vimeo is video + you.” Yet this formula and model for the new “user-generated content”-fueled Internet has morphed into a case that could very well test the limits of the protection afforded to “service providers” under the Digital Millennium Copyright Act (DMCA). This past week, a federal judge found that a particular “safe harbor provision” of the DMCA, which has been invoked successfully by user-generated content providers like YouTube and Veoh in their respective quests to protect and insulate…
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