LA Lakers Seek Punitive Damages From Insurer in Bad Faith Claim Denial

On Tuesday, September 2^nd, the Los Angeles Lakers filed suit against its insurer, Federal Insurance Co., for bad faith denial of coverage for a Telephone Consumer Protection Act violation suit, that settled earlier this year.

David Emanuel brought the TCPA class-action lawsuit in 2012, claiming the Lakers were sending unwanted text message to his mobile device in violation of the Act. The Lakers sought defense and indemnity under its Corporate Liability Coverage policy from Federal, however, the insurer denied coverage claiming the suit …

September 7, 2014 Copyright / Intellectual Property, Copyright, and Trademark / Music

Mickey Mouse v. Deadmau5: A Rodents’ Row Over Trademark Logo

On Tuesday, September 2^nd, Disney Enterprises Inc. file a motion in opposition at the U.S. Patent and Trademark Office arguing against an application submitted by Canadian EDM star Deadmau5.

Joel Zimmerman, better known by his stage name Deadmau5, filed with the Trademark Office back in 2013 to secure a trademark for his logo, a black mouse-head with white eyes and a smile. The logo is a graphic representation of the mouse helmet he wears while performing his DJ duties on stage and …

September 6, 2014 Contract / Copyright / Intellectual Property, Copyright, and Trademark

Roc-A-Fella Records Cannot Dismiss Copyright Infringement Logo Law Suit.

On Wednesday, September 3^rd, Judge Andrew Carter in the Southern District of New York, denied a motion to dismiss filed by Jay-Z & Roc-A-Fella Records seeking to end a contractual dispute.

The dispute arises from an alleged agreement between Roc-A-Fella records and the plaintiff, Dwayne D. Walker, Jr., that was formed in 1995. Dwayne Walker claims that he agreed to design and license the Roc-A-Fella logo to the record label for $3,500 and 2% of all revenue from the sale of items carrying …

September 5, 2014 Intellectual Property, Copyright, and Trademark / TV

Apple Faces Lawsuit Over Half of Breaking Bad’s Final Season

On Friday, August 29, Judge Davila of the court of the United States District Court for the Northern District of California dismissed two of three consumer class action claims against Apple stemming from its sale of the final season of AMC’s Breaking Bad.

Angry Apple customer, Dr. Noam Lazebnik, was irritated to learn that his $22.99 purchase of the final season of Breaking Bad only included the first 8 episodes. In 2012, Apple advertised the price for “all current and future episodes of Breaking …

September 4, 2014 Concussions / Litigation / NFL

NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings.

In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field. This class now seeks intervention in the NFL’s concussion litigation settlement negotiations for fear of the …

September 3, 2014 Contract / Litigation

Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County. Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach.

Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.” In 2009, Adam Carolla had already developed a significant fan base through his various …

September 3, 2014 NHL

Plaintiff Drops out of NFL Apparel Antitrust Lawsuit

On Thursday, August 28, the lead plaintiff in Dang v. San Francisco Forty Niners, Ltd., submitted a stipulation of voluntary dismissal with Judge Davila of the Northern District of California.

Patrick Dang, the lead plaintiff and class representative, has decided to withdraw from the lawsuit he waged against the NFL and Reebok citing health concerns that have begun in May of this year. The stipulated agreement allows for a withdrawal of plaintiff Dang and a dismissal of his individual claims without prejudice and without an …

September 2, 2014 Litigation / MLB

MLB Seeks Pre-Trial Appeal & Plaintiffs Seek Class Certification in Antitrust Broadcasting Litigation

On Wednesday August 27, 2014, the MLB filed a motion for immediate interlocutory appeal with Judge Scheindlin in the Southern District of New York, seeking permission to appeal her recent order in their current antitrust litigation case.

The MLB’s geographically based broadcasting restrictions are currently being challenged in the SDNY by irate fans who are tired of blackout restrictions and the high prices of streaming games online. Earlier this month, Judge Scheindlin ruled against the MLB’s motion for summary judgment, holding that the oft-cited antitrust …

September 1, 2014 Concussions / NCAA

Another Headache for the NCAA Concussion Litigation

Once again, the NCAA has found itself at the forefront of concussion-related litigation. A Montgomery County (Md.) Circuit Court Judge granted a motion to compel the NCAA president, Mark Emmert, to be deposed in a lawsuit over the death of a college athlete.

In 2011, the parents of a Frostburg State University (Frostburg) football player filed suit when their 22 year-old son, Derek Sheely, died after sustaining several concussions during preseason football training. The wrongful-death suit accused the football coach of conducting “gladiatorial” high-speed …

August 31, 2014 Contract / NFL

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system.

In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002.

When Saleh was traded to the Browns, …

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