NFL Hit with New CTE Lawsuit in Southern District of Florida

The latest in a string of head injury lawsuits to hit the National Football League was recently filed on November 21, 2016 in federal court in the Southern District of Florida. As awareness of the long-term head injuries arises, so does litigation against professional sports teams in recent years with especially high-profile cases brought against the NFL. In this most recent iteration, 38 named former NFL players have sued on behalf of a group of 141 retired players seeking workers’ compensation benefits for chronic traumatic…
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Double Teamed: Judge Sides with Hogan, Blocks Gawker from Releasing Additional Footage

On Tuesday, June 7, 2016, Judge Pamela A.M. Campbell banned any further use or disclosure of the sex tape involved in Hulk Hogan’s privacy suit against Gawker Media LLC. The Florida judge’s ruling prohibits Gawker from posting, publishing, or broadcasting any portion of the 30-minute sex tape to protect the public interest and the wrestler’s privacy rights. In March, a Florida jury awarded Hogan, whose real name is Terry Bollea, $140 million in damages for publishing a sex tape between the wrestling icon and his…
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Steiner v. DraftKings, FanDuel Will Remain in Federal Court

On January 21, 2016, a Florida federal district court judge in the case of Steiner v. DraftKings, & FanDuel denied the plaintiff’s request to remand the action back to state court. The action claims the defendants are operating unlawful gambling businesses under Florida state law. The plaintiff, Nelson Steiner, originally filed the complaint in state court, under Florida’s Sixth Circuit Court. Defendants DraftKings, Inc. and FanDuel, Inc., industry leaders in online daily fantasy sports gambling, subsequently removed the case to federal court based on diversity…
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Golf Club Members to Court: Trump Not Entitled To Summary Judgment

A Florida Federal District Court received a response in opposition for summary judgment motion on Monday November 30, 2015, by a class of former Ritz-Carlton Golf Club & Spa members seeking refunds on allegedly denied membership deposits. The response motion was filed against Donald Trump’s Jupiter Golf Club LLC, which had moved for summary judgment earlier this year. Trump had purchased the highly-touted Florida country club in 2012. The class argues that Trump bought the club on condition it abide by the then-existing membership agreements…
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The DraftKings and FanDuel Litigations: What to Focus On as the Stakes Rise in FL and NY

Since the daily fantasy sports (DFS) insider trading scandal made headlines in late-September 2015, DraftKings, Inc. and FanDuel, Inc., the two DFS industry leaders, have been served with dozens of federal lawsuits. This past week, some noise was made in the federal putative class action known as Gomez v. FanDuel, Inc. et al. Initially, DraftKings and FanDuel were the only defendants in the case, which was filed in the Southern District Court of Florida in October 2015. Yet, on November 21, 2015, the Gomez
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Upping the Ante in Fantasy Sports Litigation: NHL, NBA, MLB Added as Defendants in FL Action

Dozens of federal lawsuits have been filed against DraftKings, Inc. and FanDuel, Inc. since the insider trading scandal made news in September 2015.  By way of a substantial amendment to their complaint, the plaintiffs in a Florida action have added numerous additional defendants. This putative class action, known as Gomez v. FanDuel, Inc. et al, was filed in the Southern District Court of Florida on October 15, 2015.  The suit alleges state law negligence claims against DraftKings and FanDuel — the two industry…
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Former Sous Chef Wants Florida Golf Club to Fork Over OT Pay

On November 6, 2015, former sous chef Marcos Castro initiated a putative class action against a Florida golf club, claiming that the club withheld overtime compensation in violation of the Fair Labor Standards Act (FLSA). Castro alleges that his former employer, Windstar Club Inc., failed to compensate him with “time-and-a-half” pay for hours worked in excess of 40 hours per week. Castro claims that other employees in similar positions were also intentionally deprived of overtime compensation and he seeks an expedited order so that he…
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Dolphins Put in Bid For up to $90M In Tax Rebates Under Florida’s Sports Development Program

The Miami Dolphins along with the Jacksonville Jaguars, Tampa Bay Buccaneers, and Daytona Speedway, have filed applications under Florida’s Sports Development Program to recover millions each year in state tax revenue. The program, established in 2014, allows the state to distribute up to $13 million of tax revenue each year to assist in the renovation of qualified professional sports facilities in the state of Florida. In order to receive disbursements under the program, professional sports organizations must submit a proposal to the Florida Department of…
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Hulk Hogan Takes First Bout Against Gawker

On Wednesday, October 21, 2015, a Florida state judge granted former WWE star Hulk Hogan the opportunity to search private electronic communications of employees of Gawker Media LLC, which is being sued by Hogan for intentionally leaking confidential and racist remarks made by the wrestler. The incident stems from the $100 million lawsuit filed by Hogan for Gawker’s role in allegedly releasing and covering the publication of a sex tape involving Hogan in 2012. The famed-wrestler believes that employees of Gawker intentionally released information that…
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“Apex Predators” and “Shark Bettors,” Oh My! Florida Federal Class Action v. DraftKings, FanDuel Adds a Twist

As it now stands, DraftKings and FanDuel — daily fantasy sports gambling websites (DFS)— face over a half-dozen civil lawsuits in federal district courts since the insider trading scandal emerged in late September 2015.  The most recent action was filed in a Florida federal court on October 15, 2015. Like the lawsuits filed against DraftKings and FanDuel in states such as New York and Louisiana, the Florida lawsuit seeks certification for a class action. Under the complaint, the proposed plaintiff classes are “all individuals…
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