Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

December 12, 2014 Litigation

Bill Cosby: Accuser Out for Money

In a court filing submitted on Thursday, Cosby’s attorney Martin Singer accused Judy Huth, an alleged sexual assault victim of Cosby, filed a suit in California after the comedian refused her “outrageous demand for money in order not to make her allegations public.” Further, the demand apparently increased from $100,000 initially to $250,000.

According to the lawsuit filed last Tuesday, Huth alleged that in 1976 Cosby made her and her friend drink beer and took them to the Playboy Mansion where he sexually assaulted her. …

December 8, 2014 Concussions / NFL

Group of Ex-NFL Players Files Written Objections to NFL’s Proposed Concussion Settlement

On December 2, 2014, a group of ex-NFL players refusing the $765 million concussion settlement filed their objections with Judge Brody of the US District Court for the Eastern District of Pennsylvania.

The written objections to the settlement come two weeks after a fairness hearing was held to determine the fairness of the deal preliminarily agreed to in July. The settlement was approved by 99% of the roughly 21,000 players in the class, however, some players feel the settlement is simply not enough.

The main …

December 7, 2014 NFL

Adrian Peterson’s Appeal Hearing in Progress: No Settlement Offers on the Table

An appeal hearing to review Adrian Peterson’s indefinite suspension is underway in New York. While ordering Troy Vincent, NFL’s executive vice president for football operations, to testify on December 4, Arbiter Harold Henderson also urged the NFL and the NFL Players Association (NFLPA) to settle the issue regarding Peterson. According to ESPN, there has been no offers on the table yet.

Vincent was ordered to testify after the NFLPA submitted a recording of a phone conversation between him and Peterson where Vincent offered Peterson that …

December 6, 2014 Concussions / NFL

NFL Concussion Suit: Lead Plaintiffs Inadequately Represent Interest of Class Members

Public Citizen Inc., a public interest advocacy group, filed an amicus brief arguing that the two leading plaintiffs Kevin Turner and Shawn Wooden insufficiently represent the interest of the more than 22,000 putative class members in the NFL concussion lawsuit.

The group said in the brief, “[The federal rule governing class certification] does not allow class counsel, representing only two of several necessary subclasses, to make decisions that they and defendants accurately describe as a compromise among the disparate interests of 20,000 class members with …

December 5, 2014 Legislation / MLB / NBA / NFL / NHL

Bill Ending Antitrust Exemptions for Pro Sports Leagues Introduced

A bill to end the current permanent antitrust exemptions of the four major professional sports leagues was introduced by Sen. Richard Blumenthal, D-Conn. on December 2.

Titled the Sustained Promotion of Responsibility in Team Sports Act (SPORTS), the bill would remove permanent antitrust exemptions for NFL, MLB, NHL, and NBA one year from the bill’s enactment and replace it with a reauthorization process every five years. According to the SPORTS Act, ninety-five days before ending the exemption, Congress would have an up-down vote on a …

December 4, 2014 Concussions / NCAA

Former High School QB: Fix Patchy Implementation of Concussion Protocol

Daniel Bukal, a former high school quarterback, has filed a lawsuit against the Illinois High School Association (IHSA), arguing that the athletic body insufficiently has managed concussions sustained by young football players. Bukal alleged he suffers from migraines and memory loss because of several concussions he had while playing football for Notre Dame College Prep from 1999 to 2003.

The lawsuit seeks remedies similar to a plan proposed in a concussion lawsuit against NCAA that was settled in July. Bukal proposes the IHSA to set …

December 3, 2014 Antitrust / TV

NHL Says No Common Question, No Common Answer, No Class Certification

In a court document released last week, NHL, Comcast, and others urged that the court should not grant a class certification to a group of TV broadcasting service subscribers who brought an antitrust action. The defendants including NHL, Comcast, MLB and others argued that since the plaintiffs had failed to show common impact with common evidence, granting a class certification was not proper.

In 2012, the subscribers commenced the suit alleging that the restrictions imposed by the NHL and MLB on local TV broadcasters are …

December 2, 2014 NBA

NBA Leads in Gender Equity

On the National Basketball Association’s (NBA’s) opening night this past Tuesday, the defending champions, the San Antonio Spurs, made a historical win with the help of their new assistant coach, Becky Hammon. When Hammon was hired to the Spurs in early August, she became the first paid female assistant coach in the NBA, or any major American professional sport.

Just weeks prior to Hammon’s hiring, Michele Roberts became the first woman elected as the executive director of the NBA Players Union. This occasion also marked …

Redskins Suit Against Native Americans over Trademarks Goes Forward

A federal judge in Virginia decided to hear the Redskins’ suit against a group of Native Americans over the U.S. Patent and Trademark Office’s decision to cancel the Redskins trademark registrations.

In a suit brought by a Native American before the Trademark Trial and Appeal Board (“TTAB”), the U.S. Patent and Trademark Office (“USPTO”) decided in June to cancel the Redskins six trademark registrations because the name was “disparaging to Native Americans.” The team filed a federal lawsuit to overturn that decision.

Following the Redskins …

November 29, 2014 Litigation

NYC Exotic Dancers Entitled to More than $10M in Unpaid Wages

In a class-action lawsuit brought by about 1,900 exotic dancers, a federal judge in New York ruled Rick’s Cabaret, a strip club in Midtown Manhattan, should pay more than $10 million to the plaintiffs. The lawsuit was filed four years ago by the dancers to recover unpaid wages from 2005-2012. The decision follows a ruling from the same court last year that the dancers were considered hourly employees, not independent contractors as their employer argued. The case is ready for trial in which jury …