January 13, 2017 Concussions / Litigation / NCAA

NCAA Faces Another Concussion Class Action Over Breach of Protective Duty

The NCAA faces another potential class action after several former college football players filed suit in Indiana federal court attacking the organization’s concussion protocol, or lack thereof.

Some might say the organization should have seen it coming in light of the modified $75 million dollar medical monitoring settlement the NCAA reached with players last May. The original settlement was modified out of concerns that the settlement would preclude players from bringing individual personal injury claims based on contract principles, and left open the possibility of …

August 12, 2016 Litigation / NCAA

NCAA Significant Payout Marks a First in a Brain Injury Suit

In 2011, a Division III football player died from an injury he suffered during preseason practice. Almost five years later, the NCAA and Frostburg State settled his family’s wrongful death suit for a “landmark” $1.2 million. The family’s attorney stated, “This is a landmark settlement not just because it is the first brain-injury case that the NCAA has agreed to pay a significant amount of money to resolve, but also because the stakeholders of football are now on notice that they have an obligation to …

May 26, 2016 Concussions / NCAA

A Marathon, Not a Sprint: NCAA Concussion Settlement Revised Again

A long awaited settlement for NCAA concussion litigation has been revised, once again. The NCAA released the proposal in an effort to address shortfalls in previous settlement plans. The revised settlement, if approved by the court, provides injured student-athletes the option to sue their individual colleges, but only on behalf of players of a single sport. Additionally, the proposal removes a provision that would allow the administrator handling medical monitoring claims to pursue reimbursement from former athletes’ private insurers. The NCAA and lead plaintiffs …

January 28, 2016 Concussions / Litigation / NCAA

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 …

January 27, 2016 Litigation / NCAA

FSU Settles Civil Suit with Winston Accuser

On Monday, January 25, 2016, it was announced that Florida State University had agreed to settle a federal lawsuit against it with former student Erica Kinsman for a purported $950,000.

Kinsman had filed the lawsuit against the school in January 2015 on Title IX grounds, spawning from allegations made by her accusing former FSU and current Tampa Bay Buccaneers starting quarterback Jameis Winston of sexual assault. According to Kinsman’s complaint, Winston raped her while she was in an inebriated state following the two meeting in …

January 21, 2016 MLB

Recent Antitrust Settlement a Win-Win for MLB and Sports Fans

Joseph Hanna, Chair of Goldberg Segalla’s Sports and Entertainment Law Practice Group, weighed in on a recent settlement between Major League Baseball and sports fans over territorial blackouts and high prices for sports packages. The settlement came just moments before a trial was set to begin on Tuesday, January 19, 2016.

As Joe concludes in the article for Law360, “They could have gone to trial, and who knows how it would have been decided. The opportunity to settle a case and have what …

November 11, 2015 Celebrities / Intellectual Property, Copyright, and Trademark / Litigation

Taylor Swift Shakes Off Lawsuit with Settlement

Taylor Swift appears to be out of the woods as she has reached a settlement to resolve a trademark infringement lawsuit filed by clothing brand “Lucky 13” last year.

The bad blood started in May 2014 when Lucky 13 filed its complaint alleging that Taylor Swift and her affiliated companies, such as Taylor Nation LLC and Taylor Swift Productions, Inc., infringed on the registered trademark “Lucky 13.” According to the complaint, Taylor Swift, who claims her lucky number is 13, began using “Lucky 13” to …

October 17, 2015 Concussions

Players Oppose Garbage Time Objection in NFL Concussion Suit

After years of hard-fought litigation, a settlement seemed like it had finally been reached between former players and the National Football League for more than $750 million in favor of payment to the injured players’ and their families, with a large amount of funding also going directly to medical research for head trauma from football-related injuries. However, some members of the class of former players immediately objected to the settlement, and it seems that many of them are still unhappy with the settlement agreement nearly …

October 2, 2015 Advertising / Litigation

MJ and Chicago Grocer in Settlement Talks

On Wednesday, September 30, 2015, an Illinois federal judge told Michael Jordan and Jewel Food Stores, Inc. that both sides will benefit from settling their right of publicity suit.

The lawsuit arose out of an advertisement placed in Sports Illustrated. The advertisement featured text congratulating Jordan on his introduction into the Naismith Memorial Hall of Fame, a pair of basketball shoes portraying Jordan’s Number 23, and Jewel’s own logo. Jordan brought suit against Jewel alleging that Jewel used his likeness without permission in the …

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 …