Joseph M. Hanna

All articles by Joseph M. Hanna

 

NFL Seeks Special Investigator to Query Fraud in Billion Dollar Concussion Settlement

On April 13, 2018, the NFL filed a motion seeking the appointment of a special investigator to more closely examine potentially fraudulent concussion claims that may be “clogging the system” of the $1 billion settlement. Of the 2,000 plus claims submitted to date, about 46 percent indicate the presence of fraud, according to the motion. The NFL maintains that a new investigator will have the appropriate resources to uncover intentional fraud, which the current claims administrator does not have the capacity to do. Specifically, the…  

Chick-Fil-A and ESPN Under Attack for Copyright Infringement

On April 10, 2018, music producer, Platinum Jack Entertainment, LLC filed suit in a Texas court against Chick-Fil-A and ESPN for their allegedly impermissible use of a band’s original music in recent commercials. The commercials feature sportscasters Joey Galloway and Adnan Virk of ESPN making chicken-related football commentary, with the tune of the song in dispute playing in the background. Though the song lacks the vocals that would make its appropriation clear, Platinum Jack contends that it is identifiable sans lyrics and is currently asserting…  

Widow of Notre Dame Football Player Hopeful for CTE Suit to Stand

As we have previously covered, the wife of former Notre Dame football player, Steven Schmitz, filed a lawsuit targeting Notre Dame and the NCAA in 2014 on behalf of her late husband. She is seeking to recover for the college and organization’s alleged “reckless disregard” for the safety of college football players, specifically during the time period that Schmitz spent playing for the team in the 1970s, which led to his diagnosis of chronic traumatic encephalopathy (CTE) in 2012, and his ultimate passing in…  

Update on Lamar Dawson’s Student-Athlete Wage Suit

On April 4, 2018, attorneys representing the NCAA wrote a letter to the Ninth Circuit notifying the court that the U.S. Supreme Court recently reversed a Ninth Circuit decision that the plaintiff, Lamar Dawson, cited in his opening brief. As we have previously reported, Dawson began a class-action lawsuit in September 2016, alleging the NCAA and Pac-12 violated California law and the Fair Labor Standards Act (FLSA) by not paying student-athletes minimum wage or overtime. In April 2017, the NCAA’s motion to dismiss was…  

Jury Reduces Fan’s Award in Case Against L.A. Dodgers

On September 16, 2009, longtime Los Angeles Dodgers fan, Leonard Romo, suffered injuries after Dodgers’ security guards tackled, handcuffed, and dragged him. He suffered shoulder, knee, back, and neck injuries, missed work, and later underwent knee surgery. Romo subsequently sued the Los Angeles Dodgers. According to the Dodgers, Romo and his daughter became belligerent after security guards asked Romo’s daughter to turn her T-shirt inside out because it had offensive language on it. After the 2016 personal injury action, Romo a jury awarded $475,000. Of…  

James Dolan and MSG Move to Dismiss Charles Oakley’s Defamation Claim

On March 30, 2018, Madison Square Garden, and New York Knicks owner, James Dolan asked Judge Richard J. Sullivan to dismiss the defamation claims brought by former New York Knick, Charles Oakley. As we have previously reported, Oakley sued defendants in September 2017 for allegedly humiliating himafter he was kicked out of a New York Knicks game and labeled an alcoholic on a radio talk show. According to the motion to dismiss, “[t]his is a meritless lawsuit brought by a famous former Knick…  

EA Still on the Hook for NFL Likeness Misuse; Wins on Sanctions Motion in the Meantime

As we have previously reported, Electronic Arts Inc. continues to be under fire for trying to evade responsibility for its alleged unauthorized use of thousands of NFL players’ likenesses in its video games, most notably in Madden NFL. On March 29, 2018, the retired players filed a motion in opposition to EA’s third attempt at summary judgment. According to the retired players’ motion, they represent a proposed class of over 7,500 other retired NFL players who claim to have been similarly aggrieved by EA’s…  

Scope of NCAA Corruption and Bribery Case Grows

On April 10, 2018, attorney Robert S. Khuzami added the University of Kansas and North Carolina State University to the list of NCAA basketball programs involved in the NCAA corruption and bribery case. As we have continued to cover, this case involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports business manager Christian Dawkins. Each stand accused of facilitating six-figure payments to basketball players and their families in exchange for promises that the players would enroll at Adidas sponsored NCAA Division I…  

Missouri State Court Sides Against NFL in Move Petition from St. Louis Rams

On April 3, 2018, a Missouri Supreme Court Judge denied the NFL’s motion to dismiss in its lawsuit against the City of St. Louis, County of St. Louis, and the St. Louis Regional Convention and Sports Complex Authority (SCA), which operates the St. Louis Rams former stadium. The NFL attempted to argue that the Missouri state court did not have the jurisdictional authority to hear the case where The Rams Football Company, LLC, the NFL, and every NFL owner, 89 separate entities in total, were…  

Battle of the Barbershops: LeBron vs. Alabama

On April 2, 2018, LeBron James’ multimedia company, Uninterrupted, sent a stern letter to the University of Alabama for airing a sports talk series that feels strangely similar to his own new series, “The Shop.” The University of Alabama’s series, “Shop Talk,” much like James’ series, is set in a barber shop, and involves a group of people having casual conversation about an assortment of topics. James’ show, which has already gotten over four million views, features James, his friends, and other guests getting…  

Packers Fan Suing Bears Over Fan Gear Survives Motion to Dismiss

On March 30, 2018, U.S. District Judge Joan B. Gottschall ruled that Russell Beckman, a longtime Green Bay Packers fan, did not established that he had standing to sue the NFL, but he did meet his burden in his First Amendment claim against the Chicago Bears. As we have previously covered, Beckman, representing himself, sued the NFL and the Chicago Bears after he was not allowed entry to a Bears Season Ticket Holder Experience event at Soldier Field because he was wearing Green…  

Tattoo Copyright Infringement? Judge Says Too Soon To Tell

On March 30, 2018, a federal judge denied a motion in defense of a video game producer’s use of tattoo designs in its basketball-themed games. As we have previously covered, Solid Oak Sketches LLC, the owner of eight copyrighted tattoos donned by several high profile NBA players, filed suit against video game producer and distributer, Take-Two Productions, for alleged infringement. Solid Oak purchased the designs directly from the tattoo artists, and offered to allow Take-Two to use them for $819,000, or perpetually for $1.14…  

Texas Court Allows Clinic’s ERISA Suit Against NFL to Stand

On March 27, 2018, a Texas court partially granted and partially denied a four-time amended complaint in a suit filed by medical clinic, Advanced Physicians SC (AP), against Cigna Health and Life Insurance Company, Cigna Healthcare Management Inc., Connecticut General life Insurance Company, Great-West Healthcare-Cigna, and the NFL Player Insurance Plan. From the lawsuit, AP sought compensation under the Employee Retirement Income Security Act, ERISA, for unpaid, but allegedly legitimate, claims for previous medical care rendered to retired NFL players and their families. According to…  

College Athlete Compensation Suit Moved to Trial

On March 28, 2018, U.S. District Judge Claudia Wilken ruled the 2015 O’Bannon decision did not bar the recent NCAA antitrust lawsuit. As previously covered, a class of college athletes are attempting to obtain a judgement that would lift the cap on college athlete’s compensation. In their lawsuit, the college athletes argued that the NCAA violated federal antitrust law by conspiring to impose an artificial ceiling on the scholarships and benefits that college athletes may receive as payment for their athletic services, which arguably have…  

Former Chicago Bear Sues NFL for Damages from Concussions

On March 27, 2018, former Chicago Bear Craig Steltz filed a lawsuit against the NFL in Louisiana federal court. In the lawsuit, Steltz requested financial compensation for the chronic injuries, expenses, and intangible losses suffered as a result of the NFL’s “intentional tortious misconduct, including fraud, intentional misrepresentation, and negligence.” Steltz claimed that he suffers from the pathological and debilitating effects of mild traumatic brain injuries (MTBI) caused by the repeated concussive and sub-concussive impacts that he experienced while playing in the NFL. Steltz, a…  

WWE Persistent in Seeking Concussion Suit Sanctions

On March 22, 2018, World Wrestling Entertainment Inc. (WWE) sought the support of a federal court to uphold a sanctions recommendation provided a month earlier, which was directed toward attorney Konstantine Kyros. As we have previously covered, Kyros represents former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE. The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. WWE believes that the suggested sanctions, to include attorneys’ fees and costs covering the ongoing discovery…  

Maryland Moves to Legalize Sports Betting

On March 15, 2018, the lower chamber of the Maryland State Legislature, the House of Delegates, passed legislation that could legalize sports betting in Maryland. An overwhelming number of state legislatures, 124 to 14, voted to pass bill HB1014. HB1014 will now move onto the upper chamber of the Maryland State Legislature, the Maryland State Senate, specifically the Senate’s Budget and Taxation Committee. If HB1014 passes the Maryland State Senate, it then becomes subject to a voter referendum. Supporters of HB1014 say sports gambling…  

NCAA Fails to Appear for Trademark Trial, Files New Suit Entirely

On March 4, 2018, two owners of Southern California Ford dealerships filed for dismissal or staying of a trademark infringement suit initiated by the NCAA, while the parties await decision on the same issue from the Trademark Trial and Appeals Board (TTAB). The NCAA initiated a suit in response to the dealerships’ uses of “Markdown Madness,” claiming the slogan could easily be confused with the NCAA’s “March Madness.” Dealership owners and defendants, Ken Grody Management, Inc. and Dixon Ford, Inc., had already been defending the…  

New England Patriots Defensive End Sues Over NCAA Injury Insurance Policy

On March 9, 2018, Deatrich Wise Jr., a defensive end for the New England Patriots, filed a lawsuit against The Professional Athlete’s Insurance Group, PLLC (PAIG), agent Matthew Allen, Certain Underwriters at Lloyd’s, London, and International Specialty Insurance, Inc. (ISI). In the lawsuit, Wise alleged that the defendants misrepresented and failed to tender insurance benefits to Wise under the NCAA “loss of value” insurance policy. Wise is a former NCAA football player. He was designated as an “exceptional student-athlete” prior to the start…  

Sensitive Information Capped in NCAA Corruption/Bribery Case

As we recently covered, the NCAA corruption and bribery case continues to unfold and expand. As the government widens the scope of its search, it has simultaneously been trying to keep its findings under wraps. Although U.S. District Judges Lewis A. Kaplan and Edgardo Ramos both denied the government’s recent request for a gag order, they did acknowledge the need to protect some of the sensitive information obtained as the case progresses. On March 6, 2018, the court issued a protective order, providing…  

Judge Scales Back Discovery in NCAA Wrongful Death Suit

On March 1, 2018, a Texas court of appeals filed a writ of mandamus, partially granting and partially denying the NCAA’s appeal of a prior discovery order. The suit was initiated by Debra Ploetz, wife of former University of Texas football player, Greg Ploetz, who played for the team from 1968 to 1972 and who died in 2015 from Chronic Traumatic Encephalopathy (CTE). The wrongful death suit alleges the late athlete’s CTE condition and subsequent death resulted directly from his years spent playing for…  

Legal Fees Sought After NCAA Trademark Suit Deemed “Exceptional Case”

As we have previously reported, the NCAA has recently triumphed over a year-long trademark suit when its motion requesting an entry of default was granted back in January 2018, and a default judgment rendered thereafter. The suit alleged that defendants Robert Alexander and Kizzang LLC had infringed, diluted, and unfairly competed with the NCAA by using and attempting to register the marks “April Madness” and “Final 3.” The marks were strikingly similar to the NCAA’s well-known trademarks of “March Madness” and the “Final…  

Nike OK’d to Continue Using “Jumpman” Logo

On February 27, 2018 the Ninth Circuit ruled that Nike’s use of its iconic “Jumpman” logo did not infringe on copyrights to a 1984 image of Michael Jordan, as captured by photographer Jacobus Rentmeester. Following more than three years of litigation — and though the decision was split — Nike may continue to use the image without legal repercussions. Rentmeester originally shot and used the image of Jordan in a mid-air, “grand jeté-inspired pose,” which was featured in a 1984 issue of Life 

Reebok-CCM Settles Royalties Lawsuit

On March 2, 2018, the lawsuit between Reebok-CCM Hockey (CCM) and Hefter Impact Technologies, LLC was dismissed after the two parties reached a confidential settlement. Back in September 2015, Hefter sued CCM alleging that CCM contractually owed royalties on hockey helmets that were derivative of a Hefter design. The recent settlement came before the scheduled April 17, 2018 trial. Although the case never made it to trail, it did not gone without its fair share of litigation. For example, as we previously covered back in…  

Federal Judges Turn to Indiana State Court in DraftKings and FanDuel Lawsuit

On March 7, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, certified the following question to the Supreme Court of Indiana, “Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.” As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and…  

Cubs Dropped From Foul Ball Suit, If Only Temporarily

As we previously reported, a Cubs fan was struck in the face by a foul ball during an August 2017 game at Wrigley Field, where he brought his children to watch from the first base line. The injury left John “Jay” Loos blind in one eye and his other eye vulnerable to the same. He filed suit against both the MLB and the Cubs in October, alleging negligence by both parties, specifically, for failing to install a net which would have otherwise shielded him…  

Judge Delays NCAA $75 Million Settlement for the Fifth Time

On March 8, 2018, U.S. District Judge John Lee delayed final approval of a $75 million settlement for the fifth time after he learned that thousands of current and former NCAA student-athletes have still yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed to difficulties notifying more than 4 million student-athletes, including acquiring contact information and physically notifying the student-athletes, have prevented final approval. The most recent difficulty, and the reason for…  

Four MLB Teams Called Out for Potential Misuse of Revenue-Sharing Funds

The Miami Marlins, Oakland Athletics, Pittsburgh Pirates, and Tampa Bay Rays are under scrutiny as the Major League Baseball Players Association (MLBPA) filed a grievance against them on February 23, 2018. The grievance called into question whether their use of revenue-sharing funds has been consistent with the teams’ collective bargaining agreement. The collective bargaining agreement names its “principle objective” as “promot[ing] the growth of the Game and the industry on an individual Club and on an aggregate basis.” In doing so, the agreement requires that…  

Colombia Law School Holds Conference on NFL Concussion Lawsuit’s Uncapped Settlement Fund

On March 2, 2018, at a conference on class action jurisprudence held at Columbia Law School, advocates and opponents discussed U.S. District Judge Anita Brody’s decision to move the NFL concussion class-action litigation toward an uncapped settlement. Judge Brody, a Columbia Law graduate, attended the conference. As previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a…  

Sanctions and Legal Fees Recommended for Plaintiffs’ Attorney in WWE Suit

On February 22, 2018, a federal judge ruled on a motion for sanctions filed by defendant World Wrestling Entertainment Inc. (WWE), against Konstantine Kyros, the attorney representing former WWE wrestlers, plaintiffs Evan Singleton and Vito LoGrasso, in their concussion suit. WWE’s motion sought sanctions against Kyros for failing to sufficiently respond to WWE’s interrogatories. The recommended ruling stated that plaintiffs’ counsel was served with interrogatories on January 27, 2016, and that when the parties met on March 7, 2016, the responses were still found to…  

A Class of Former Players and the NFL Jointly Ask Judge to Remove Expert

On February 27, 2018, attorneys representing the NFL and attorneys representing a class of former NFL players jointly asked U.S. District Judge Anita Brody to remove neurologist Dr. Stephan Mayer from the Appeals Advisory Panel (APP). The attorney’s agreed that Dr. Brian Ott and Dr. Mary Quiceno should replace Dr. Mayer “given the demands on the … AAP in the implementation and on-going administration settlement.” As we have previously covered regarding the NFL concussion settlement, Judge Brody approved two groups of medical experts that made…  

Cincinnati Reds Bobbleheads Up for Tax Debate

On February 21, 2018, the Ohio Supreme Court said it would hear arguments from the Cincinnati Reds and Tax Commissioner of Ohio, Joseph Testa, as to whether the team has been giving away, or selling for consideration, bobbleheads with ticket purchases. The outcome will determine whether the Reds will be responsible for back sales and use taxes for years 2008-10, which amount to $88,000. Current tax law in Ohio allows items purchased for resale to be exempt from sales and use tax. The Reds had…  

NFL Painkiller Lawsuit Appealed to Ninth Circuit

On February 23, 2018, former NFL players filed an appellate brief with the U.S. Ninth Circuit Court of Appeals, in which the players argued that their suit against all 32 NFL teams should not have been dismissed on the grounds that it was time-barred. According to the players, they became aware in early 2014 that NFL teams recklessly administered painkillers, which prematurely ended their professional playing careers and contributed to their diminished post-career prospects. According to their brief, the district court’s decision should be vacated…  

Pitino Recommends Legal Action to Reclaim Louisville’s National Title

The Louisville basketball team drama continues as former coach Rick Pitino asks the school to consider taking legal action to address the NCAA’s requirement that the team forfeit its national title. In February, Louisville appealed the NCAA’s decision that forced the team to forego its 2013 national title, as well as 123 wins dating back to 2011, and to pay about $600,000 in penalties. The Infractions Appeals Committee was unsympathetic to the team’s plea and affirmed the above sanctions. On February 21, 2018, immediately…  

Judges Want Media Leaks in NCAA Corruption and Bribery Case to Stop

On February 28, 2018, U.S. District Judges Lewis A. Kaplan and Edgardo Ramos denied the government’s “gag order” and both judges agreed that they plan to issue stronger protective orders that would clearly prohibit further media leaks. A gag order is a judge’s order prohibiting attorneys and parties from talking to the media or the public about an ongoing case. This most recent update on the NCAA corruption and bribery case comes in the wake of recent Yahoo Sports and ESPN reports. Simply put, there…  

NCAA President Responds to Corruption/Bribery Case Report

On February 23, 2018, NCAA president, Mark Emmert, released a statement in response to allegations made in a Yahoo Sports report. As we have previously covered, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, have provided the federal prosecution with a detailed window into the ongoing NCAA corruption/bribery case. According to the documents, payments as high as $73,000 were paid to current NCAA basketball players like Duke University’s,…  

NFL to Seek $2 Million from Dallas Cowboys Owner Jerry Jones

According to a report, NFL Commissioner Roger Goodell is preparing to demand $2 million from Dallas Cowboys owner, Jerry Jones. Apparently, Jones will be forced to pay $2 million because Jones’ fellow NFL franchise owners are upset with the way Jones has acted over the past eight months. Not to mention, Goodell and Jones have a longstanding feud. In 2017, Goodell’s contract as NFL Commissioner was set to expire. When the NFL Compensation Committee began the process of renewing Goodell’s contract, Jones attempted…  

NCAA Argues $42 Million Award is Unjustified

On February 15, 2018, an attorney representing the NCAA urged a panel of judges from the Ninth Circuit to reject a $42 million attorney’s fee award for attorneys representing student-athletes. Back in 2009, a class of players, led by former UCLA basketball player Ed O’Bannon, sued the NCAA claiming that the NCAA violated antitrust laws by wrongfully profiting off the likenesses of student-athletes and not offering scholarships at the full cost of attending the university. In 2015, the class of players won their suit; however,…  

University of Arizona Men’s Basketball Coach Accused of Offering $100,000 to Star Player

On February 25, 2018, ESPN reported that the FBI had several wiretapped conversations between the University of Arizona Wildcats’ head coach, Sean Miller, and Christian Dawkins. Reportedly, the two had several conversations about paying $100,000 to guarantee that freshman star center, Deandre Ayton, signed with Arizona. As we have previously reported, Dawkins currently stands accused of facilitating six-figure payments to basketball players and their families in exchange for promises that the players would enroll at Adidas sponsored NCAA Division I schools and later would…  

Foul Ball Leads to Lawsuit Against College and NCAA

On February 14, 2018, former Division II college baseball player Joseph Gutowski filed suit against West Chester University of Pennsylvania and the NCAA after injuries he sustained during a game in 2016. In his complaint, Gutowski alleges that a foul ball hit him directly in the head during a home game in April 2016, while he was seated on the players’ bench in the dugout. Claiming permanent injuries, he is now seeking damages for breach of contract, negligence, unjust enrichment, and negligent infliction of…  

NCAA Corruption/Bribery Case Update

On February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, have provided the prosecution with a detailed window into the ongoing NCAA Corruption and Bribery case. As we have continued to report, this case involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports business manager Christian Dawkins. Each stand accused of facilitating six-figure payments to basketball players and their families in exchange for promises that…  

John Cena Battles Ford Over Flipped GT

On February 13, 2018, wrestler and actor John Cena filed a motion to dismiss Ford Motor Co.’s recent complaint against him for reselling a custom 2017 GT sports car, and in doing so, allegedly breaching a contract that the parties had made. In addition to damages for breach of contract, Ford also seeks relief for fraudulent misrepresentation and unjust enrichment. Ford claims that in 2017 it entered into an agreement with Cena for him to purchase the one-of-a-kind vehicle, and that part of that agreement…  

Lawsuit Concerning Use of Student-Athletes’ Name and Likeness by DraftKings and FanDuel Continues

On February 22, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, said that they would likely need an answer from the Indiana judiciary before they can decide whether to revive a proposed class action suit brought against DraftKings and FanDuel. As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and Cameron Stingily, and former Indiana University football player Nicholas Stoner, bought a suit alleging that…  

NCAA Affirms Sanctions Against Louisville Basketball Team

As we have previously covered, the Louisville men’s Division I basketball team has been under scrutiny since news surfaced in 2015 about its inappropriate recruitment practices involving escorts and strippers, which started back in 2011. Since then, the team has endured the firing of its head coach, self-imposed penalties, and much embarrassment. In June 2017, the NCAA issued penalties, including a five-game suspension of former coach Rick Pitino, four years’ probation for the entire team, and show-cause penalties for former coach Andre McGee,…  

Massachusetts Bill Proposes Legalization of Daily Fantasy Sports Amid Pending Supreme Court Ruling

On February 14, 2018, Massachusetts Legislature introduced a bill aimed at legalizing and taxing daily fantasy sports (DFS).  The timing for the bill could be particularly timely depending on how the Supreme Court decides to rule on the Professional and Amateur Sports Protection Act (PASPA), which currently prohibits sports betting across the country.  As we have previously covered, the issue is still pending with the Supreme Court, though many states are hopeful for a decision by mid-March. Senator Eileen Donoghue, the initiator of bill…  

Notre Dame Forced to Vacate 2012 and 2013 Wins

On February 13, 2018, the NCAA’s Division I Infractions Appeals Committee (IAC) announced that the University of Notre Dame’s football team must vacate 21 wins accumulated during the 2012 and 2013 football seasons. Back in November 2016, an NCAA panel sanctioned Notre Dame after the school self-reported that a student trainer had done coursework and given benefits to a group of football players. As a result of the ruling, wins from the 2012 and 2013 seasons were vacated, Notre Dame was put on probation, Notre…  

Mississippi Firearms Bill Unpopular with NCAA Conference Chief

On February 7, 2018, House Bill 1083, proposing to allow the carrying of certain firearms in public, overwhelmingly passed the Mississippi House. The bill would allow those with enhanced concealed carry permits to carry in such places as university campuses, in courthouses, and at sporting events. NCAA Southeastern Conference Chief, Greg Sankey, wasted no time in expressing serious concerns about potentially negative repercussions befalling Mississippi universities, should the bill become law. Specifically, Sankey took issue with future implications on collegiate athletic events, noting that “it…  

White Sox’s Move to Dismiss Dustin Fowler’s Negligence Suit

On February 13, 2018, the Chicago White Sox moved to dismiss a suit brought by brought by former New York Yankees outfielder, Dustin Fowler. Fowler, now a member of the Oakland Athletics, sued the White Sox claiming that the team negligently caused him to injure himself during a game at Guaranteed Rate Field, home of the White Sox. The incident occurred on June 29, 2017, when Fowler was running at full speed, chasing a foul ball, and crashed into the low corner wall. His right…  

Reebok-CCM Fights Last Minute Depositions

On February 14, 2018, the hockey equipment company, Reebok-CCM Hockey (CCM), filed an opposition motion to Hefter Impact Technologies, LLC (Hefter) Emergency Motion. In their Emergency Motion, Hefter argued that they should be allowed to depose six people, including Pittsburg Penguins’ star Sidney Crosby, even though a scheduling order originally stated that all depositions must be completed by September 30, 2016. In opposition, CCM argued that Hefter should not be allowed to retake/take six depositions on the eve of trial simply because they characterized the…  

NCAA Bribery Suit Continues Less One Defendent

The NCAA corruption and bribery case is still ongoing, though now with one less defendant. We recently reported on a motionfiled February 9, 2018, in which the defendants moved to suppress evidence arising from an allegedly flawed warrant application by the United States Attorney’s Office. Also on February 9, and in further progression of the case, a federal judge complied with a request by federal prosecutors to dismiss the charges against defendant Jonathan Brad Augustine, former director of an Adidas-sponsored travel basketball organization called…