LATEST INSIGHTS

MLB

Royals Foul Out in Court Over Flying Hotdogs

Is a flying hotdog an inherent risk of watching a baseball game? Missouri’s highest court said no.  The appeal before the court was a personal injury verdict in a jury trial.  The case was brought by Royals fan John Coomer who was hit by an airborne hotdog tossed by the team’s mascot “Sluggerrr.”  Coomer claimed that the flying hotdog caused a detached retina which required a surgery.  At trial, the jury found the team at no fault.

It was a crucial question that determines whether …

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NCAA

C-USA Commissioner: Don’t Open a Pandora’s Box

When he took the stand in the O’Bannon trial, Conference USA Commissioner Britton Banowsky warned if the plaintiffs win, the world of college sports would become a “horrible place.”  If student-athletes are allowed to sell the rights to their names, images, and likeness, a “corrupting influence of money” would overpower and materialize college sports.

Banowsky further expressed his worries when he described “exploitative” boosters who would flock to manipulate these 18 or 19-year olds and their families.  In doing so, he mentioned Nevin Shapiro, a …

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Concussions / NFL

NFL Offers a Blank Check for Qualifying Retired Players

The NFL filed a revised settlement offer today after Judge Anita Brody rejected its $765 million settlement proposal in January. The new proposal promises that the “funds will be available to any retired player who develops a qualifying neurocognitive condition,” according to the NFL.

In a statement, the NFL said, “Today’s agreement reaffirms the N.F.L.’s commitment to provide help to those retired players and their families who are in need, and to do so without the delay, expense and emotional cost associated with protracted …

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Concussions / MLB

Does it Look Silly? Padres Reliever Alex Torres Says Safety over Sleekness.

It may look awkward and uncomfortable, but this protective cap could make the difference.  That seems to be the message Padres pitcher Alex Torres was making when he wore a protective cap during the Saturday night’s game.

While the media hype is on NFL given the concussion class-action lawsuit, the awareness of concussion dangers has spread out both vertically and horizontally.  It has tinkled down to youth sports and spread to other professional sports like baseball.

Although it is not a contact sports per se, …

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NFL

NFLPA Collusion Case Back On

On Friday June 20, the 8th Circuit Court of Appeals breathed some life back into the NFLPA’s 2012 claim against the NFL.  In 2010, the NFLPA opted out of their collective bargaining agreement with the NFL.  As a result, the 2010 season proceeded without a salary cap.  When Washington and Dallas were slapped with subsequent salary cap penalties for their generous spending in the 2010 season, the NFLPA brought this claim against the NFL for colluding with the NFL teams and enforcing a secret …

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NCAA

The Big Ten Commissioner: If Players Get Paid, No More Rose Bowl is Likely.

Big Ten Commissioner Jim Delany took the stand in the O’Bannon trial.  Appeared as a witness for the NCAA, Delany reiterated the NCAA’s argument that paying student-athletes goes against the league’s principle.  However, he seemed to have gone too far when he said, “when the basketball season is over, we probably ought to just put a lock on the gym. If [the players] want to play they should just go to a playground and go play, but they don’t need to be with our …

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Copyright / Intellectual Property, Copyright, and Trademark / Music

Judge Dismisses Copyright Lawsuit Against Lady Gaga

“Simply listening to the songs, as the law requires, reveals their utter lack of similarity,” wrote U.S. District Judge Marvin Aspen in his decision to dismiss the lawsuit.  Lady Gaga’s legal battle started back in 2011 when a Chicago singer Rebecca Francescatti sued the pop star alleging Gaga plagiarized parts of her 1999 song “Juda” for Lady Gaga’s hit “Judas” released in 2011.

In a copyright infringement case, the court looks at whether the defendant had access to the plaintiff’s work and how similar the …

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Contract / Doping

Armstrong Can’t Escape DOJ Fraud Suit

On Thursday June 19, 2014, Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia ruled on Lance Armstrong’s motion to dismiss the fraud case he is facing against the US Department of Justice. In an 81 page ruling, Judge Wilkins denied Armstrong’s request without prejudice.

Armstrong argued that the case should be dismissed on two grounds. First, he argued the six-year statute of limitations on bringing the suit had run. He also argued the government knew he was using …

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Advertising / Intellectual Property, Copyright, and Trademark / Trademark

Snooki Wins Trademark Lawsuit

Back in August of 2013, reality television star Nicole Polizzi, known to her fans as Snooki, brought a $2.4 million lawsuit against Excell Brands and its perfume “Snazzy.”  Polizzi alleged trademark infringement of her perfume brand “Snooki.”

The brand “Snazzy Woman” by Excell Brands is marketed in a box containing similar leopard print and what Excell calls a disclaimer: “Our version of Snooki by Nicole Polizzi.”  While the smell and packaging may be similar, the text of the name “Snooki by Nicole Polizzi” on the …

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NFL

Miami Dolphins Looking Forward to Renovated Stadium

Sun Life Stadium, home of the Miami Dolphins, will get a $350 million facelift.  The Miami-Dade County Commission approved a deal by a vote of 7-4 to renovate the stadium.  The deal pays incentives to the Dolphins for hosting major events like Super Bowl in exchange for a $350 million renovation fund to be injected by Dolphins owner Steve Ross.

The deal requires Miami-Dade to pay the Dolphins $4 million for each Super Bowl and $3 million for each national championship game for a college …

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