“Nola No Call” Suit Sacked, Dismissed Before the End Zone

A lawsuit alleging an improper call by an NFL referee has been dismissed.

The suit was filed by attorney Antonio Le Mon and three others after the NFC Championship playoff game against the Los Angeles Rams. In the game, the referees failed to make a call on a pass interference against the Rams; had the call been made, the Saints would have been in a better position to win the game. The NFL later admitted that the circumstances warranted a pass interference call.

The …

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Cubs ADA Lawsuit Narrowed but Can Continue, Judge Rules

A lawsuit against the Chicago Cubs for failing to comply with the Americans with Disabilities Act (ADA) will be allowed to continue, a federal judge ruled. 

In December 2017, David Cerda filed a lawsuit alleging that the Cubs violated the ADA by failing to provide enough seating for wheelchair users at Wrigley Field. Cerda, who has Duchenne muscular dystrophy and needs a wheelchair for mobility, claimed that the ADA requires the Cubs to offer 217 accessible seats and that the Cubs only offered 42 …

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Access Denied: NCAA Bribery and Corruption Scandal

On September 3, 2019, U.S. District Court Judge Lewis A. Kaplan issued a ruling denying the motions by the NCAA and Yahoo Sports parent company, Oath, Inc., to intervene in the pay-for-play NCAA scandal case for the limited purpose of obtaining access to evidence that was not admitted at trial. As we have previously reported, in October 2018, former Adidas executive James Gatto, business manager Christopher Dawkins, and consultant Merl Code were convicted of fraud that arose out of a college basketball pay-for-play scandal.…

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California NCAA Athletes Inch Closer to Earning Compensation

As previously reported, a California bill that would allow student-athletes to be paid for their likenesses has cleared yet another legal hurdle.

The closely followed bill would allow college athletes to enjoy the capital gained from their name, images, and likeness. Under current NCAA rules, student-athletes are not permitted to accept payment for, or permit, “the use of his or her name or picture to advertise, recommend, or promote” the commercial sale of goods, or use their likeness to promote a service or product. …

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NFHS Argues Paying Student-Athletes Will Erode School Spirit at All Levels

On August 23, 2019, the National Federation of State High School Associations (NFHS) asked the Ninth Circuit to grant leave and allow it to file an amicus curiae brief (non-party brief) in the Alston v. NCAA case. As we have previously reported, this case was brought by a class of college athletes in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athletes’ abilities to profit from their likenesses were anti-competitive.

O’Bannon held that compensation for college …

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Ex-Penn State Doctor Alleges Football Coach Pressured Him to Clear Injured Players

A former Penn State football team doctor filed a lawsuit in Pennsylvania state court on August 23, 2019,  alleging that the school’s football coach, James Franklin, pressured the doctor into clearing injured players and allowing them to return to the field. Allegedly, Dr. Scott A. Lynch reported Coach Franklin’s actions to various Penn State department heads. It was after he reported those actions, though, that Dr. Lynch was removed from two positions in Penn State’s athletic department in March 2019. In his lawsuit, Lynch is …

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Junior College Sued Over Controversial “Oklahoma Drill”

The Pennsylvania Supreme Court ruled on August 20, 2019, that Lackawanna Junior College had assumed a duty to care for the well-being of two of the school’s football players, Augustus Feleccia and Justin Resch.

On March 29, 2010, Feleccia and Resch were injured while participating in an Oklahoma Drill during the team’s football practice. An Oklahoma Drill has several variations, but it commonly involves two players lined up three yards opposite one another. At the sound of the whistle, the players run at one …

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Former NFL Player Moves to Stay Third Circuit Appeal

On August 2, 2019, Amon Gordon, a 37-year-old former NFL defensive end, asked the U.S. District Court for the Eastern District of Pennsylvania to stay his appeal to the Third Circuit in order to give himself a chance to file a Rule 60 Motion against Judge Anita B. Brody’s August 2019 ruling.

As we have previously reported, Gordon moved to appeal to the Third Circuit in his legal battle against the NFL for not alerting its players of the long-term medical impact of concussions. …

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Mr. T Sues Popular Marijuana Website

On August 22, 2019, Laurence Tureaud, most commonly known as Mr. T, sued Leafly, a digital cannabis company. In his lawsuit, Mr. T claimed that Leafly, the largest cannabis website in the world for people in legal cannabis markets, infringed on his trademark rights by abbreviating one of their product names, called Mr. Tusk, to “Mrt.” Mr. T became famous in the 1980s for his roles in the “The A-Team” and “Rocky III.”

According to Mr. T, the abbreviation of Mr. Tusk to “Mrt” …

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Ninth Circuit Rejects Lamar Dawson’s Bid to Revive Lawsuit

On August 12, 2019, a panel of Ninth Circuit judges rejected Lamar Dawson’s bid to revive a proposed class action lawsuit, which claimed that the NCAA and Pac-12 Conference improperly denied student-athletes minimum wage and overtime. In their ruling, the panel noted that the Pac-12 and NCAA did not provide Dawson, a former University of Southern California linebacker, with a scholarship or have the power to hire or fire him and, thus, they were not his employer, nor was he their employee. According to Chief …

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