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 …

October 21, 2019 Class Actions / Concussions / Hockey / Litigation / NHL

Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits

A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.

U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.

As we previously reported, Judge Nelson oversaw a …

September 3, 2019 Class Actions / Concussions / NCAA

NCAA $75 Million Settlement Gets Final Approval with $14 Million in Fees

On August 12, 2019, U.S. District Judge John Lee granted final approval to a $75 million settlement and awarded more than $14 million in attorney fees. As we have continued to report, the suit began in 2011 when former Eastern Illinois football player, Adrian Arrington, and three others, sued the NCAA because they suffered from seizures, which were a byproduct of repeated head trauma.

Of the $75 million settlement initially approved by Judge Lee in July 2017, $70 million of the settlement will go …

September 23, 2017 Concussions / NCAA

Former Player Objects to Class Counsel Fee Request in NCAA Deal

Despite a final approval on the settlement for the class of former football players’ suit against the National Collegiate Athletic Association (NCAA) for its handling of concussions, there is still a dispute over how much the class counsel should get for attorney fees. Class counsel requested $15 million for attorney fees, but a former college football player, Anthony Nichols, told the judge that the counsel should not get more than $8 million. Nichols based this number off of the fact that the initial settlement had …

May 2, 2016 Concussions / Litigation / NFL

Third Circuit Asked to Rehear Concussion Settlement

On Thursday, April 28, 2016, objectors to the approved $1 billion uncapped settlement agreement between the National Football League and a class of former players over concussion injuries sustained during their playing careers, filed a petition with the Third Circuit Court of Appeals, asking the court to rehear their appeal en banc. In a unanimous decision handed down earlier this month, the court, hearing the appeal with only three presiding justices, affirmed the district court’s decision approving the settlement, holding that the agreement was …

April 29, 2016 Antitrust / Litigation / MLB

Judge Gives Final Approval of $200 Million MLB Settlement

On April 25, 2016, U.S. District Judge Shira Scheindlin gave her final approval of the settlement resolving the antitrust claims against MLB. The settlement, which is worth $200 million, lowers the price MLB fans pay to watch games online.

The suit began in 2012 when fans brought a class action lawsuit against MLB claiming its territorial blackout policies and policy to sell only league wide game packages violated antitrust laws. The fans complained that the policies prevented them from buying access to watch only the …

April 16, 2015 Concussions / NFL

NFL Concussion Settlement Objectors Seek Broader Amendments

On Monday April 14, 2015, a group of former NFL players raised another round of objections in the class action concussion lawsuit against the NFL. The 28 former players who objected to the initial $765 million settlement, contend that an amended settlement is also deficient.

The initial settlement was preliminarily approved in July 2014. However, upon the suggestion of Judge Anita B. Brody, in February, the NFL amended the settlement, paying particular attention to coverage for the families of CTE sufferers. The amended settlement now …

July 9, 2014 Concussions / NFL

Judge Gives Preliminary Approval to Revised Concussion Settlement

Presiding Judge Anita Brody in the NFL concussion suit gave a preliminary approval of the revised settlement deal that lifts a compensation cap imposed on damages. Judge Brody wrote,

“A class action settlement that offers prompt relief is superior to the likely alternative — years of expensive, difficult and uncertain litigation, with no assurance of recovery, while retired players’ physical and mental conditions continue to deteriorate,”

In a statement, NFL Senior V.P. Anastasia Danias said, “We will work with plaintiffs’ counsel to provide notice to …