Tag Archives: Illinois

Northwestern Bricks its Shot for Motion to Strike in Johnnie Vassar Suit

On Friday, September 29, 2017, an Illinois federal judge denied the motion Northwestern University (NU) had filed at the end of January to strike portions of a former basketball player’s complaint that mentioned settlement negotiations. “Clearly, the purpose of this allegation is not to show liability by referencing a settlement agreement but rather to allege Northwestern’s bad act in making a misrepresentation to Vassar,” the judge’s order stated.  The complaint alleged that NU offered a “cash payment” to “make Johnnie go away and free-up…

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Professional Sports Unions Blast Illinois Workers’ Compensation Proposal

As discussed previously on the Sports and Entertainment Law Insider last month, Illinois has introduced a Senate Bill to limit the age that an injured Illinois professional athlete can collect workers’ compensation benefits to the age of 35. Since that time, professional sports unions have come out strongly in opposition to the measure, including the National Football League’s Player Association (NFLPA) and the Major League Soccer Player’s Union. The NFLPA, after previously warning that the proposed measure could result in free agents being cautioned against…

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Illinois Senate Proposal to Limit Workers’ Compensation Benefits to 35 Years of Age

A recent Illinois legislative proposal in Senate Bill 12 threatens to reduce the ability of professional athletes in the state to collect long-term workers’ compensation benefits. Under Illinois law, permanently injured workers are able to collect workers’ compensation benefits until age 67. SB 12, which is part of an overall state budget package, contains a provision which would define a covered professional athlete as someone who plays for a professional sports team in Illinois and “derives the majority of his or incoming from playing athletics.”…

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Illinois Fantasy Sports Bill Stalls in House Heading into Summer

The Illinois state legislature wrapped up its spring session on Tuesday, May 31, 2016, and came with it the disappointment of many an avid daily fantasy sports player, as a proposed bill regulating the fantasy industry failed to be called to a vote before the end of the session. The bill, which had already passed in the Illinois Senate, seeks to allow DFS giants DraftKings and FanDuel to legally operate throughout the state under specific regulations. Some of those potential restrictions include limiting DFS games

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Judge May Revive Wrongful Death Suit Against NHL

 In December, an Illinois judge granted summary judgment dismissing the wrongful death claim Derek Boogaard’s parents brought against the NHL. After years of fighting for their son, the judge recently indicated that two counts of their amended complaint may be sufficient for the case to proceed. Boogaard was an NHL enforcer for six years; he played for the Minnesota Wild and the New York Rangers. In 2011, Boogaard died of an overdose after years of fighting, sustaining various injuries, and becoming addicted to painkillers. After…

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Action in Daily Fantasy Sports Controversy Continues: DraftKings Changes User Rules and IL AG Files Motion to Dismiss

Action in the daily fantasy sports (DFS) controversy continued last week: DraftKings, Inc. changed its user rules, and DFS litigation faces a motion to dismiss from the Illinois attorney general. In October 2015, an insider trading scandal was alleged against DraftKings and FanDuel, Inc. — the industry leaders in DFS. Thereafter, the companies faced government scrutiny and a myriad of consumer-based class action lawsuits. Currently at issue in states across the country is whether DFS violates state and federal anti-gambling laws. In several class action…

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Illinois and Texas: The Latest in the Daily Fantasy Sports Legality Issue

As daily fantasy sports (DFS) litigation is on standby in New York (pending is the expedited appellate hearing scheduled for January 4, 2016), the situation is heating up in Illinois and Texas. Sparked by an alleged September 2015 insider trading scandal between DFS industry leaders DraftKings, Inc. and FanDuel, Inc., the legality of DFS has become a national issue among the country’s individual states. Under the Unlawful Internet Gambling Enforcement Act (2006), states have the individual and independent right to determine whether a subject activity…

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MLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters

On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings. League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be…

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Illinois Judge Grants Temporary Restraining Order Against MLB, NHL, and NBA Counterfeiters

On November 6, 2015, U.S. District Judge Andrea R. Wood filed a temporary restraining order (TRO), prohibiting unidentified online retailers from producing and distributing counterfeit sporting merchandise. The suit, brought in Illinois federal court last month by MLB, NHL, and NBA league affiliates, seeks to prevent the defendant retailers from selling products featuring their logos and claims $2 million in damages for the use of their trademarks. In their suit, the leagues claim that online retailers — believed to be based in China — have…

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Class Action Filed Against NBA Video Game Developer

On Monday, October 19, 2015, two Illinois residents filed a proposed class action lawsuit against Take-Two, a video game publisher, developer, and distributor, alleging violation of privacy rights. The video games in question are Take-Two’s NBA 2K15 and NBA 2K16 for PlayStation 4 and Xbox One gaming platforms. According to the complaint, Take-Two integrates PS4’s camera and Xbox’s Kinect camera into the games, allowing users to create NBA players with a “personally identifying facial rendition.” The plaintiffs argue that this feature constitutes illegal collection of…

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