Chicago Cubs Have to Produce Original Emails in Former Scout’s Lawsuits

On October 18, 2017, a former professional baseball scout with the Chicago Cubs Baseball Club, Dennis Henderson, sued the Cubs for violating the California Labor Code, California Family Rights Act, and for discriminating against him on the basis of his age and disability. Henderson is over 40-years-old and had hip surgery while employed with the Cubs. While Henderson worked for the Cubs, he was responsible for scouting three professional baseball organizations; however, according to the Cubs summary judgment motion, scouts who were performing well…
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Former Division I Athletes Seek Reduction of “Grossly Excessive” Fees Awarded to NCAA in Antitrust Suit

As we have previously reported, former Division I football and basketball athlete plaintiffs won a settlement of $208.7 million from the NCAA for the NCAA’s antitrust practices capping student scholarships at values less than the actual cost of attendance. In a recent brief, class member Darrin Duncan articulates that the “central issue in the case is that [the NCAA] violated the antitrust laws by agreeing to and enforcing restrictive NCAA bylaws that cap the amount of athletically related financial aid and other benefits”. Since…
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Former Houston Texans Cheerleader Files Class-Action Wage Suit

A former cheerleader for the Houston Texans has filed a putative class action suit against the Texans and the team’s cheerleading coach, Altovise Gary, claiming unpaid wages, wrongful termination, and other labor violations including a failure to remedy reports of physical abuse by fans. The named plaintiff, identified as P.G.G., has sued under the Fair Labor Standards Act and Texas Labor Code, seeking remuneration for hours spent working “off-the-clock” and unpaid overtime. P.G.G. worked as a Texans cheerleader from April 2017 to April 2018. In…
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Referee Recommends Probation for Attorneys Who Gave Judge Baseball Tickets

In March 2016, the Sports and Entertainment Law Insider wrote about a Florida judge who resigned after coming under fire for accepting tickets to a Tampa Bay Rays baseball game from a law firm contemporaneously arguing a case in front of him. On Tuesday, May 22, 2018, the attorneys who provided the tickets to the judge were subjected to probation and admonishment penalties by a referee in the Supreme Court of Florida. The Florida Bar Association will now review the report and recommendations to determine…
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College Student/Start-Up Business Owner Sues New Era Cap Co. for Trademark Infringement

On May 22, 2018, God’s Era, a small start-up casual apparel company in Massachusetts, filed a trademark infringement lawsuit against New Era Cap Co. According to the complaint, New Era Cap Co. willfully engaged in trademark infringement, unfairly competed, injured God’s Era business reputation, and New Era Cap Co. used false and deceptive business practices. God’s Era is a small apparel company that was “wholly self-funded by its owner, Averil Hilton, who is currently a full-time college student and working full-time at another job…
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ESPN and Chick-Fil-A Move to Dismiss Copyright Infringement Lawsuit

On May 22, 2018, ESPN and Chick-Fil-A filed a brief in support of their motion to dismiss Platinum Jack Entertainment, LLC’s copyright infringement lawsuit. As we have previously covered, Platinum Jack filed a lawsuit against ESPN and Chick-Fil-A because of their allegedly impermissible use of the song entitled “Best I Had” by Drayter, from whom Platinum Jack purchased “all rights and publishing.” Now ESPN and Chick-Fil-A have moved to dismiss the lawsuit, claiming that “the complaint is a four-page pleading riddled with errors, conclusory…
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Injured Field Hockey Player Blocked From Suing School

A former high school field hockey player who sued her school district after suffering a head injury at a practice in 2012 had her case dismissed by a Massachusetts appeals court on Friday, May 18, 2018. The appeals court in Middlesex County, Massachusetts affirmed an order of dismissal made by the trial court pursuant to a sovereign immunity clause in the state’s Tort Claims Act. After being struck with a field hockey stick by a teammate, Alexandra Stahr suffered a concussion and the loss of…
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Former NFL Player Sues NFLPA for ERISA Violation

On May 22, 2018, Christopher Hudson, a former Jacksonville Jaguar, Chicago Bear, and Atlanta Falcon safety, filed a class-action lawsuit against the NFL Management Council, the National Football League Players Association, and the retirement board (defendants), alleging that a class of players suffering from various injuries were denied crucial information on how to request disability benefits under their retirement plan. Hudson’s lawsuit seeks recovery, under the Employee Retirement Income Security Act of 1974 (ERISA), for a class of players who were beneficiaries of the Bert…
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UPDATE: Former USC Coach Losses Defamation Suit Against the NCAA

On May 21, 2018, a jury returned a verdict of 9-3, found that the NCAA did not defame former University of Southern California assistant football coach Todd McNair in its 2010 and 2011 statements. As we have previously reported, McNair accused the NCAA’s Infractions Committee of ending his coaching career in June 2010 when it found him guilty of unethical conduct in connection with the impermissible-benefits scandal involving the Reggie Bush scandal. The Reggie Bush scandal, also known as the Bush/O.J. Mayo scandal, arose…
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NFL Issues Statement on Regulation of Sports Gambling

On Monday, May 14, 2018, the Supreme Court struck down a federal law that prohibited states from authorizing gambling on sports. The ruling opened the door for states to legalize and regulate the gambling industry within their borders. However, the ruling also leaves open the possibility that Congress will act to set national standards in the regulation of sports gambling. Indeed, shortly after the ruling was handed down, Sen. Orrin Hatch (Utah) said that he will introduce legislation to regulate sports gambling on a federal…
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