NFL Sunday Ticket Litigation: Fans Want the Suit Back in State Court

On Friday, January 29, 2016, plaintiffs involved in a suit over Direct TV’s NFL Sunday Ticket package urged a California federal court to remand the case, which alleges violations of California law, back to state court.

The putative class action was initially filed by Robert Gary Lippincott Jr. in Sonoma County Superior Court back in October. Lippincott’s complaint alleged that contracts for Direct TV’s Sunday Ticket Package are void under California law as illegal contracts including “unconscionable provisions.” Specifically, Lippincott brought claims for unconscionability in …

January 23, 2016 Litigation

Things Heat Up in Fitbit Litigation Over Violation of Trade Secrets

Things have certainly heated up recently in the law suit brought by wearable fitness device maker, Jawbone, against Fitbit Inc., alleging that Fitbit poached Jawbone employees and stole trade secrets in order to decimate the company. Jawbone filed a brief in opposition to Fitbit’s request that the ITC find three Jawbone patents ineligible as abstract ideas. The following day, a California court ordered Jawbone to provide Fitbit with computers and other electronically stored information despite Jawbone’s contention that it was not required to submit such …

January 7, 2016 Fantasy Sports

Not So Fast! FanDuel Argues Plaintiffs in California Lawsuit Agreed to Arbitrate Disputes

In Delgado v. Fanduel, Inc., FanDuel argued in motion papers on Monday that the plaintiffs cannot escape the arbitration clause in the company’s user agreement. The case is a proposed false advertising class action filed in the U.S. District Court for the Central District of California in December 2015.

FanDuel, alongside its rival, DraftKings, Inc., is a leader in the booming daily fantasy sports (DFS) industry. Following an alleged insider trading scandal in late-September 2015, FanDuel and DraftKings were forced to face dozens of …

October 14, 2015 NBA

Ex-Knick Entitled to Workers’ Compensation Benefits Under California Law

On October 1, 2015 the Court of Appeal of California, Second Appellate District, concluded that former NBA player Durant “Rudy” Macklin was entitled to workers’ compensation benefits.

Macklin, a former Louisiana State University standout, was drafted by the Atlanta Hawks and played two seasons with the team before being traded to the New York Knicks. Macklin would later sign a contract with the Los Angeles Clippers though he never played an NBA game for the team. Macklin alleged: (i) that while he was with the …

September 16, 2015 Antitrust / MLB

Minor Leaguers’ Antitrust Action Against MLB is Dismissed

On September 14, 2015, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust action. The class action claimed that the MLB violated federal antitrust law, alleging that the league suppressed the compensation of minor league players through its antitrust exemption. This historic exemption was established by the U.S. Supreme Court in 1922.

District Judge Haywood S. Gilliam, Jr.’s decision dismissed the case pursuant to a January 2015 decision in which the 9th Circuit upheld the MLB’s antitrust …

September 14, 2015 Legislation / NFL

State Laws Banning the “Redskins” Nickname Passed in CA Following Federal Proposals

On September 10, 2015, Rep. Eleanor Holmes Norton (D-D.C.) threatened to introduce a bill proposing to revoke the NFL’s federal antitrust exemption status for permitting the continued use of the Washington Redskins moniker. Now, the Redskins nickname is being threatened under state laws in California.

The “California Racial Mascots Act,” as the new legislation is known, passed in the California state assembly on Thursday September 10, 2015—the same day Norton made statements introducing her new bill proposal. The Act now rests on the desk of …

July 6, 2015 Legislation

Go team! California legislation to require cheerleaders make at least minimum wage

Perhaps the first of its kind in the United States, a bill was sent to the Governor of California earlier this week that would require cheerleaders working for professional sports teams be paid at least minimum wage along with overtime and sick leave. As it stands, the benefits received by a number of cheerleaders actually amount to less than minimum wage.

Assemblywoman Lorena Gonzalez, the author of the legislation, said the following about the proposed change:

Everyone who works hard to provide a great game-day

June 27, 2015 Litigation / NFL / TV

Fans Prepare to Sue NFL and DirecTV Over Blackouts

Another class action suit is around the corner for the NFL and DirecTV. Football fan Thomas Abrahamian filed a proposed complaint in a California federal court on Wednesday for a class action suit alleging that the NFL and DirecTV have violated Sherman anti-trust laws.

NFL coverage is currently set up in the form of a ‘blackout coverage’ system. What this means is games will be broadcasted on a regional basis. If a person is outside of a particular game’s ‘broadcast region,’ they will be unable …

Jay-Z Sanctioned as “Big Pimpin’” Copyright Trial Date Approaches

On Thursday, May 28, a federal judge in California sanctioned Jay-Z for his failure to properly comply with a discovery request in the current litigation regarding Jay Z’s sampling of the Egyptian song “Khosara, Khosara” for use in his hit single “Big Pimpin’.” Jay Z was ordered to pay plaintiff Osama Ahmed Fahmy $3,000 for the expenses and attorneys’ fees Fahmy incurred while compelling the production of an unredacted agreement between Jay Z and concert-promotion company Live Nation.

Fahmy had originally requested $15,000 in attorneys’ …

October 1, 2014 Litigation

California Federal Court Moves ADA Suit Against Disney to Florida

Disney successfully argued before a California federal judge that a suit alleging Disney’s Disability Access Service (“DAS”) discriminates against autistic children should be transferred to Florida from California where it originated. Disney reasoned that because the DAS program’s developers are based in Florida and employee training of the program also took place in Florida, the appropriate venue for the suit would be a Florida federal court.

Instead of letting disabled guests to skip lines, the DAS program now informs them a return time for attractions …