Mother Sues the NBA, Pistons, and Others after Her Son Died During a Game

In the final minute of a game on March 24, 2018, Zeke Upshaw was playing for the Detroit Pistons’ minor-league affiliate, the Grand Rapids Drive, when he suddenly collapsed on the court and later died. An autopsy of the then 26-year-old basketball player revealed that Upshaw suffered a “Sudden Cardiac Death” (SCD). Now Upshaw’s mother is suing on her sons behalf. According to a statement from the lawyers representing Upshaw’s mother, “Upshaw crumpled face-down on the court in full cardiac arrest. Despite this undeniable dire …

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Arkansas Tech Sues NCAA Over Vacated Wins

The NCAA imposed sanctions on the Arkansas Tech athletic program for violations revolving around the school’s failure to monitor its housing operations from 2009 to 2013. Tech waived or paid $14,250 in housing security deposits for 57 prospects during this time period and also reserved on-campus apartments and dorms for student-athletes, which is a NCAA violation. Arkansas Tech believes the sanctions imposed by the NCAA are excessive and that the organization abused its discretion in the disciplinary process.

Arkansas Tech contends the NCAA has failed …

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UPDATE: Former Professional Golfer Sued

On January 24, 2018, drink and dietary supplement company, Organo Gold International Inc., sued 62-year-old former professional golfer Greg Norman, Aussie Rules Marine Services, Ltd., and ABG-Shark, LLC, in Washington federal court. Norman controls Aussie, a foreign company organized under the laws of the Cayman Islands. Also, Norman has an existing partnership with ABG. Back in March of 2017, Norman partnered with, and gave, ABG the right to control “the direction of the consumer products division of The Greg Norman Company.”

In their …

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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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