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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PGA Tour Seeks Early Exit from Caddy Ad Lawsuit

On Friday August 21, PGA Tour Inc. filed a motion to dismiss with federal court, seeking to end the antitrust class-action lawsuit waged against it by a group of tour caddies.

The lawsuit, brought by 80 PGA Tour caddies back in February, stems from the bibs the PGA requires the caddies to wear while walking the tour courses during tournaments.  The bibs contain advertisements of Tour sponsors and the caddies are not compensated for the advertising space they are forced to wear.  The lawsuit …

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Bring it Back Now Y’all: Judge Allows Previously Dismissed Claims to Continue After Amended Complaint

On Monday, August 3, a federal judge reinstated a number of claims in a false advertising putative class action lawsuit. The lawsuit was originally filed in December 2013 by parents and others who argue that they paid extra for Riddell football helmets, thinking they would do a better job than others of preventing concussions.

Chief U.S. District Judge Jerome B. Simandle had dismissed the suit back in January, but he gave the lawyers for the parents leave to file an amended complaint to clarify their …

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Breaking The Bank: Plaintiff Attorneys In NCAA Class Action Lawsuit Awarded $46 Million In Fees

On Monday, a judge ordered that the NCAA pay plaintiffs’ attorneys’ in a class action suit initiated in 2009. The suit was brought by Ed O’Bannon and 19 others, and the payment will total $44.4 million in fees plus $1.5 million in costs.

In arguing against the award, the NCAA’s attorneys likened the situation to the book “A Tale of Two Cities” by Charles Dickens, claiming this was “a tale of two lawsuits,” as the lawsuit underwent significant changes in 2012.

In response to the …

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