Northwestern and CAPA File Opposing Reply Briefs With NLRB

In an attempt to have a regional director’s decision that Northwestern University football players are employees, the school filed a reply brief with the National Labor Relations Board (“NLRB”) explaining that its relationship to the student athletes is not economic.

Previously, the regional director Peter Sung Ohr found that under the National Labor Relations Act, the athletes receiving scholarships were “employees” and could vote to unionize. In response, Northwestern argued that since the school is not “in the business of football,” no “economic relationship” is …

August 11, 2014 Litigation

Adam Sandler Gets His Money Back From Former Nanny

Adam Sandler won a California appeals court’s affirmation that ordered his former nanny to repay approximately $80,000 that she received under the confidential settlement agreement in 2010.

Sandler’s HP Production (“HP”) hired Deanne McDonald in 2009 to take care of his kids, and she raised employment claims shortly after her employment ended. HP and McDonald entered into a confidential settlement agreement in 2010 that paid her $48,000 and her attorneys $32,000. In return, McDonald agreed not to disclose anything about the actor and to resolve …

August 11, 2014 NCAA

O’Bannon Case: Judge Found NCAA “Unreasonably Restrain[ed] Trade”

U.S. District Judge Claudia Wilken in her decision wrote “The evidence . . . demonstrates that student-athletes themselves are harmed by the price-fixing agreement.” Having found that the NCAA has violated antitrust laws, Judge Wilken issued an injunction prohibiting the NCAA “from enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a …

August 10, 2014 NFL

Chicago Bears’ First Loss of the Season is a Costly One

On Thursday, August 7, the 1^st District Appeals Court of Illinois issued their ruling in a tax dispute between the Chicago Bears and Cook County Department of Revenue. The showdown remained close until the very end where the Bears came up short in a 2-1 split decision awarding Cook County $4.1 million plus interest in unpaid taxes.

The dispute arose over the statutory construction of Cook County’s 3% amusement tax. From 2002-2007, the Chicago Bears paid the 3% on the value of their club …

August 10, 2014 NFL

Dallas Cowboys Exonerated in Class-Action Seating Suit; NFL Still In

On Wednesday, August 6, Judge Lynn of the US District Court for the Northern District of Texas granted the Dallas Cowboys’ motion to dismiss in another class action lawsuit arising from the 2011 Super Bowl XLV seating debacle. The NFL, however, was not as fortunate.

The Dallas Cowboys hosted the 2011 Super Bowl and undertook the task of creating temporary seating to increase the number of tickets available. The extended number of tickets were sold, but not all of the promised seats were constructed on …

August 9, 2014 NCAA

NCAA BIG 5 Granted Rights to Self-Regulation

On Thursday, August 7, the NCAA Division I board of directors voted in favor of allowing the Big 5 conferences to make some of their own rules. This vote comes amid a wave of national criticism of the NCAA’s strict adherence to potentially outdated rules. Primarily the NCAA has received criticism over its refusal to share its billions in revenue with the student-athletes who help generate it.

The Big 5 conferences, ACC, Big 10, Big 12, SEC, and Pac 12, will now have broader authority …

August 9, 2014 NCAA

University of California Sued for Wrongful Death of Football Player Ted Agu

On Tuesday, August 5, the family of former University of California football player, Ted Agu, filed a wrongful death lawsuit against the university claiming negligence in the Agu’s sudden death earlier this year.

After offseason training drills in February, Ted Agu was taken by University of California medical staff to Alta Bates Medical Center as he exhibited signs of extreme fatigue. There, Agu was pronounced dead. The coroner’s report released in April stated hypertrophic cardiomyopathy as the cause of death. His family and attorneys, however, …

Taylor Swift Calls ‘Lucky 13’ Infringement Suit Frivolous, But Is It?

Taylor Swift and American Greetings Corporation submitted their answer to a trademark infringement suit commenced by an Orange County-based Blue Sphere Inc. doing business as Lucky 13. In their answer, Swift and American Greetings urged the court to dismiss the allegedly frivolous lawsuit, claiming that the only purpose of the suit is to draw attention to the plaintiff’s brand.

Filed in May, the suit alleged that despite Blue Sphere’s ownership of federally registered ‘Lucky 13’ trademarks, Swift marketed and sold clothing that bears ‘Lucky 13’ …

August 7, 2014 Defamation

The Donald Salvages Trump Name with Lawsuit

On Tuesday, August 5, Donald Trump filed an action in the New Jersey Superior Court against Trump Entertainment Resorts, Inc. to get his name off two of their Atlantic City Casinos. The Donald seems to think the poor state of conditions of these Casinos is causing harm to the prestigious reputation of the Donald Trump brand.

The lawsuit seeks to have the name “Trump” removed from the Trump Plaza and the Trump Taj Mahal as they are being operated in breach of a …

August 6, 2014 Concussions

Riddell Attempts to Rid Self of Consumer Concussion Suit

On Friday, August 1, Riddell and other football helmet producers filed a motion to dismiss in the District of New Jersey, in an attempt to end a consumer concussion class-action suit waged against them. This suit is just one of many attacking Riddell’s marketing of its “Revolution” line of football helmets.

Riddell filed its motion, seeking to dismiss the complaint as it fails to state a claim and lacks the statutorily required specificity for this type of action. They argue that the complaint is missing …

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