Judge Rules Baseball Game Reports Must be Turned Over

On Friday, January 29, 2016, California District Judge Joseph Spero ordered Major League Baseball to disclose game reports in minor leaguers’ proposed class action suit. The players have alleged that the MLB conspired with its 30 member teams to suppress the wages they earned. The players sought access to the game reports to show the MLB did not keep formal time records of when they worked. In response, the league argued the game reports would not be able to prove anything and therefore had no…
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NCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications

On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect. The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes…
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MLB Commissioner Encouraging Ballparks to Extend Netting Amid Class Action

On Wednesday, December 9, 2015, Major League Baseball (MLB) Commissioner Rob Manfred recommended all 30 MLB teams extend safety netting behind home plate to the end of each dugout. Currently, there is a class action lawsuit pending in a California federal court seeking to force the MLB to extend the safety netting from foul pole to foul pole. The MLB was hit with the lawsuit in July by season-ticket holder Gail Payne on behalf of all season ticket holders in currently unprotected areas of MLB…
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Former Quarterback Seeks Additional Docs to Support Class Certification Against NCAA

John Rock, former Gardner-Webb University quarterback, has urged the NCAA to turn over information that he believes will help establish class certification. Rock initiated an antitrust suit against the NCAA back in 2012, alleging that the organization’s “artificial” scholarship cap and former prohibition on multi-year athletic-based scholarships represented illegal restraints on trade. The suit was later dismissed in 2013, based on the Indiana District Court’s finding that the plaintiff failed to identify a “cognizable market” that suffered from the “anti-competitive” effects of the NCAA’s regulations.…
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NCAA, EA Seeking Attorney Sanctions

On Monday, October 12, 2015, defendants NCAA and Electronic Arts, Inc. (EA) filed a petition urging a federal court to sanction plaintiffs’ attorney Scott Kron for “profane” and “outrageous” outbursts during a meeting. The lawsuit — a class action alleging unauthorized use of student-athletes’ names and likeness — ended in a $60 million settlement in June. However, two student athletes objected to the settlement and have appealed the court’s denial of their objections. Nathan Harris, one of the two objectors, is represented by attorney Scott…
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Class Action Filed Against DraftKings, Fan Duel

On Thursday, October 8, 2015, Fantasy Sports giants DraftKings and FandDuel were hit with a class action lawsuit on the heels of a data leak scandal. The lawsuit — Johnson v. Fanduel, Inc. et al — was filed by Adam Johnson, a Kentucky resident, in the United States District Court for the Southern District of New York. The complaint makes seven different claims against DraftKings and FanDuel, including fraud and misrepresentation, violation of the New York False Advertising Act, and civil conspiracy, among others.…
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MLB Moves To Dismiss Safety Net Class Action

On Friday, October 2, 2015, Major League Baseball filed a motion to dismiss a proposed class-action lawsuit alleging that the MLB has failed to protect fans from foul balls and bats. The lawsuit was filed in July by Oakland Athletics season-ticket holder Gail Payne. Payne is seeking class-action status on behalf of all season ticket holders currently sitting in unprotected areas of MLB ballparks. The suit seeks no monetary compensation, but instead seeks an injunction requiring the MLB to install additional netting. Major League Baseball…
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NCAA Student-Athletes Continue Fight For Class Certification

On Thursday, October 1, 2015,  a group of student athletes continued their fight for class action certification in their lawsuit against the NCAA. The lawsuits, filed on behalf of former and current NCAA athletes, aims to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams. In order to obtain class certification, the plaintiffs must demonstrate that all of their cases involve common questions of law or fact and that the “named” plaintiffs will protect the…
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More Cheerleaders are Chiming in: Milwaukee Bucks Dancers File Wage Action, Joining Trend

On Thursday September 24, 2015, former Milwaukee Bucks cheerleading team member Lauren Herington filed a class action against the NBA organization regarding minimum wage violation allegations. Herington represents a class of current and former Bucks cheerleaders/dancers, aptly named, the “Bucks Dancers.” The lawsuit was brought under the federal Fair Labor Standards Act and pursuant to Wisconsin state wage and hour laws. The action is seeking increased wages and damages, in addition to injunctive relief for attorneys’ fees, unpaid overtime wages, and unpaid minimum wages. The…
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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…
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