September 6, 2018 Celebrities / Contract / NFL

Kaepernick’s Grievance against the NFL to Advance

Colin Kaepernick’s case against the NFL will proceed to a full hearing, following an arbitrator’s decision on Thursday, August 30, 2018 to deny the NFL’s motion for summary judgment.

The former 49ers quarterback accuses the NFL of colluding to keep him out of the league since he became a free agent in March 2017, arguing that the organization refuses to hire him because of the national anthem protests Kaepernick initiated in 2016. Now, with the case going to a full, trial-like format, some team …

August 23, 2018 Copyright / Intellectual Property / Litigation / NFL

Retired NFL Players Denied Class Certification in Copyright Lawsuit Against EA

On August 17, 2018, a group of retired NFL players was denied class certification in California Federal Court for the second time. As we have previously reported, the retired NFL players claimed that EA created physically and biographically similar avatars of the former NFL players and used them in their famous Madden NFL video game. According to the former players, EA used the player’s actual positions, teams, accurately pointed to the players’ retired statuses, and EA publicized their use by coining certain features of …

August 9, 2018 Bountygate / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / NFL / TV

Bizarre Inside Edition Lawsuit that Involves the Murder of a Former NFL Player

On August 6, 2018, Billups P. Percy sued Inside Edition Inc. after Inside Edition allegedly used Percy’s copyrighted video of Anthony Hayes. On December 26, 2005, Percy, a Louisiana-based photojournalist, video recorded Anthony Hayes wielding a knife while surrounded by New Orleans police officers. Hayes was shot and killed by a police officer after he lunged at a police lieutenant. Percy later registered the video with the U.S. Copyright Office and he was given rights to the video as the sole owner of all “right, …

June 5, 2018 Concussions / NFL

Update: Arguments Heard on Special Investigator in NFL Concussion Settlement

As we have previously reported, the NFL continues to sort through the claimants involved in its billion dollar concussion settlement. The claimants are former NFL players and families of deceased players seeking to recover against the NFL for concussive injuries resulting from their time spent playing for the league.

On May 30, 2018, counsel for the NFL, Richard Tarlowe, asked a Pennsylvania federal judge during arguments to bolster the investigation of legitimate claims by supplementing the process with an additional investigator. Recent audits completed …

May 28, 2018 NFL

Former NFL Player Sues NFLPA for ERISA Violation

On May 22, 2018, Christopher Hudson, a former Jacksonville Jaguar, Chicago Bear, and Atlanta Falcon safety, filed a class-action lawsuit against the NFL Management Council, the National Football League Players Association, and the retirement board (defendants), alleging that a class of players suffering from various injuries were denied crucial information on how to request disability benefits under their retirement plan. Hudson’s lawsuit seeks recovery, under the Employee Retirement Income Security Act of 1974 (ERISA), for a class of players who were beneficiaries of the Bert …

May 24, 2018 NFL

NFL Issues New Anthem Rules

On May 23, 2018, all 32 NFL team owners voted to approve a policy statement that would require players to stand during, and show respect for, the national anthem. However, if a player did not want to stand for the national anthem, then he must remain in the locker room. If a player decides to protest the national anthem by kneeling, or disrespecting the anthem or the flag in any way, then the team, not the player, will be fined. According to NFL Commissioner Roger …

October 23, 2017 Litigation

Football Helmet Maker Fends Off Another Concussion-Related Lawsuit

The country’s largest helmet manufacturer, Riddell, filed a motion to dismiss on Wednesday, October 18, 2017, in a suit brought by a class of former high school football players in August. The players allege Riddell’s negligence, failure to warn, and design defects caused the athletes’ current long-term brain and neurocognitive injuries. Riddell argues the players’ design defects claim is contradicted by their complaint that also cites a 2002 product label that warned “[c]ontact in football may result in concussion-brain injury which no helmet can prevent.” …

November 10, 2015 Intellectual Property, Copyright, and Trademark / Litigation / NFL

Who’s Next? Patent Holder Targets NFL in Latest Lawsuit

Virtual Gaming Technologies LLC (VGT) is no stranger to filing infringement suits against fantasy sports operators. This week, the patent holder has filed lawsuits against FanDuel, DraftKings, Fox Sports, ESPN, Draftpot, and DraftDay. On November 5, 2015, the company targeted a new defendant—the National Football League.

In its complaint, filed in the Eastern District of Texas, the company alleges that the NFL Interactive Gaming Platform infringes upon its patents which similarly offer live scoring in relation to player performance. The plaintiff patent holder …

October 19, 2015 General

Third Circuit Will Revisit New Jersey Sports Betting Decision

On Wednesday, October 14, 2015, the U.S. Court of Appeals for the Third Circuit granted New Jersey’s request to revisit its decision to disallow New Jersey from legalizing sports betting.

Last October, New Jersey lifted its prohibition on sports betting in racetracks and casinos. In response, the NFL and NCAA—two sports leagues that oppose sports betting—sought an injunction to stop New Jersey. The district court granted the injunction and subsequently found that repealing the prohibition violated the Professional and Amateur Sports Protection Act of 1992. …

August 18, 2015 Concussions

More ex-NFL Players Oppose the Concussion Settlement

Ten former NFL players filed their brief opposing the NFL’s settlement plan that is now before the Third Circuit Court of Appeals for review, citing that the plan unfairly excluded players who have yet to be diagnosed with CTE, a degenerative brain condition.

The opposing players argue that the plan overlooks a potential 19,000 players who are likely to develop neurological diseases but have yet to be diagnosed with any. A lawyer for the players said, “It is the height of hypocrisy for the parties …