November 11, 2019 Concussions / Litigation

Youth Football Concussion Suit, Pop Warner Seeks to Exit

Pop Warner Little Scholars, Inc. submitted a motion for summary judgment to U.S. District Court Judge Phillip S. Gutierrez for the Central District of California on October 25, 2019. Pop Warner is a named defendant in a lawsuit alleging the organization knew of, and hid, the safety risks associated with youth football. The youth football organization is asserting the plaintiffs’ lack of evidence to show it was aware of the alleged health risks until years later.

According to the complaint filed September 1, 2016, Paul …

November 6, 2019 Antitrust / Contract / Legislation / Litigation / NCAA

NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation.

The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the …

November 5, 2019 Class Actions / Doping / Litigation / NFL

NFL Tells Ninth Circuit to End Painkiller Class Action Lawsuit

The NFL argued to the Ninth Circuit that the lawsuit from former players should be dismissed, as it was individual teams, not the league, that supplied the players with amphetamines and painkillers.

In 2014, former Chicago Bears players Richard Dent and Jim McMahon sued the NFL, claiming that teams frequently use opioids, anesthetics, and anti-inflammatory drugs like Toradol. They alleged that such drug use often does not require prescriptions and that the teams do not take into account medical history, substance abuse treatment or potentially …

November 4, 2019 Basketball / Intellectual Property, Copyright, and Trademark / Litigation / NBA / Trademark

Adidas and Brooklyn Nets Settle Trademark Lawsuit Over Milkcrate Logo

Adidas and the Brooklyn Nets have agreed to settle a trademark infringement lawsuit filed by Milkcrate Athletics Inc. over the use of its logo.

On October 28, 2019, Milkcrate asked a New York federal court to dismiss the lawsuit with prejudice, noting that a settlement had been reached. No details of this settlement have been revealed.

The lawsuit stemmed from an attempted collaboration between Adidas and Milkcrate. Between 2011 and 2017, Milkcrate owner Aaron “LaCrate” LaCanfora exchanged emails with Adidas seeking to collaborate on a …

November 4, 2019 Antitrust / Legislation / NCAA

NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation.

Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move …

October 31, 2019 Class Actions / Concussions / Litigation / WWE

Ex-Wrestlers Argue WWE Hid Risks of Head Injuries in Concussion Lawsuit

In a Second Circuit lawsuit, a group of former professional wrestlers argued that the statute of limitations did not lapse in their lawsuit against World Wrestling Entertainment (WWE), as they knew about and hid the risks of head injuries.

As we reported earlier, 67 retired wrestlers sued WWE and its CEO, Vince McMahon, arguing that WWE failed to protect the health of its wrestlers. As a result, these retired wrestlers suffered concussions, CTE, and other brain injuries. The lawsuit was dismissed in September …

October 30, 2019 Class Actions / Concussions / Litigation / NFL

Out of Time: Ex-NFL Players’ Suit Against Riddell Time Barred

In July 2016, a group of former NFL players filed a lawsuit against the sports equipment manufacturer, Riddell, Inc., in the Circuit Court of Cook County, Illinois. However, on October 21, 2019, Illinois’s First District Appellate Court ruled that the players’ suit is time barred by the “two-year statute of limitations governing personal injury actions in Illinois.”

In their complaint, the players alleged Riddell “failed to warn” that their “plastic helmets could not protect” the players against concussions or long-term neurodegenerative diseases. In addition, the …

October 29, 2019 Contract / Gambling / Sports Betting

Injunction Denied: D.C. Court Rules No-Bid Sports Betting Contract Okay

Washington, D.C. Superior Court Judge John Campbell issued an oral order on October 18, 2019, denying a preliminary injunction request to halt a contract between the D.C. Office of Lottery and Charitable Gaming and Intralot. The contract would permit Intralot, the district’s current lottery operator, to administer sports betting within the district.

Under the Sports Wagering Procurement Practice Reform Exemption Act of 2019, the D.C. council was given the authority to award the contract to Intralot without holding a competitive bidding process. Previously, we reported…

October 28, 2019 Baseball / Defamation / Litigation / MLB

MLB Umpire Joe West Sues Ex-Player Paul Lo Duca for Defamation Over Bribery Claims

Major League Baseball umpire Joe West has filed a lawsuit against ex-player Paul Lo Duca, alleging that Lo Duca defamed West by falsely accusing him of bribery.

In one of his podcasts this past April, Lo Duca claimed that a teammate told him that West engaged in bribery. That teammate, Billy Wagner, allegedly told Lo Duca at a 2006 or 2007 New York Mets v. Philadelphia Phillies game that he lent West his 1957 Chevrolet in exchange for opening up the strike zone for him. …

October 25, 2019 Advertising / Class Actions / Hockey / Litigation / NHL / Privacy Rights

TCPA Lawsuit Against Tampa Bay Lightning Reaches Class Settlement

A settlement has been reached in a class action lawsuit against the Tampa Bay Lightning, in which a fan claimed that the NHL team violated the Telephone Consumer Protection Act (TCPA) by flooding him with unwanted text messages.

Plaintiff Brian Hanley claimed that the team violated the TCPA by using a bait-and-switch tactic. Hanley was under the impression that he had entered a ticket contest for a future Lightning game by texting a short code number. Instead, he had inadvertently signed up for an advertising …

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