Going for the Sack: ESPN Argues that Jason Pierre-Paul Authorized Release of Medical Records

On September 12, 2016, ESPN and Adam Schefter filed an answer in Jason Pierre-Paul’s invasion of privacy lawsuit, claiming that the suit should be dismissed due to the fact that Pierre-Paul agreed to let his medical records go public. This is not the first time ESPN and Schefter have attempted to dismiss this case — back in May, ESPN claimed that dismissal was warranted under First Amendment protections for matters of public interest.

In the answer, ESPN and Schefter raise several affirmative defenses, two of …

September 15, 2016 Concussions / Litigation

Escaping the Chokehold: Former WWE Wrestlers Seeking to Withdraw Admission Statements in Brain Injury Lawsuit

On Monday, September 12, 2016, former WWE wrestlers Evan Singleton and Vito Lograsso argued in a Connecticut federal court that their “slightly delayed service” in response to the WWE’s request for admission should not preclude them from withdrawing statements regarding when they first became aware of the risk of concussion injuries.

While the wrestlers’ argument is that the WWE withheld vital information with regards to the health dangers of repeated concussions, the WWE’s response is that the suit is time-barred; the WWE insists that the …

September 14, 2016 Litigation / NFL

Class Dismissed: Fifth Circuit Affirms Denial of Super Bowl Fans’ Class Certification

On September 9, 2016, the Fifth Circuit upheld a district judge’s decision to deny class certification to those fans who were displaced or denied entirely from seats at Super Bowl XLV. Additionally, it affirmed the dismissal of the breach of contract claim against the Dallas Cowboys, agreeing that the Cowboys, whose home stadium served as the location for Super Bowl XLV, were merely third-party vendors of tickets to the event.

In doing so, the Fifth Circuit rejected several proposed classes of fans, including finding …

September 12, 2016 Concussions / Litigation

WWE Rings the Bell Again, Asks Judge to Throw More Brain-Injury Claims Out

On Thursday, September 8, 2016, World Wrestling Entertainment Inc. requested that a Connecticut federal judge preemptively disallow four former professional wrestlers from bringing any claims relating to brain injuries spawning from their times working to the entertainment company. According to the WWE, the latest round of ex-pro wrestlers can’t bring such claims because they are timebarred. Connecticut has a three year statute of limitations for any general tort claim; as well, it recognizes a two year statutory time period for potential plaintiffs to bring suit …

September 5, 2016 Concussions / Litigation

Concussion Lawsuits Reach Youth Football

A lawsuit has been filed in California federal court against Pop Warner and USA Football by two mothers whose sons played football as children and found to have suffered from chronic traumatic encephalopathy (CTE) after their deaths. The complaint accuses Pop Warner of failing to monitor games, practices, rules, equipment, and medical care to minimize long-term risks associated with brain injuries, failing to accurately diagnose brain injuries, and failing to approve the best equipment available. Meanwhile, it alleges that USA Football promotes safety programs of …

August 31, 2016 Litigation

Fight Between Armstrong and USPS Reaches Pivotal Junction

The legal battle between Lance Armstrong and the United States Postal Service (USPS) has reached a pivotal point, with a report saying a ruling is expected soon on whether the case will proceed to trial or be thrown out at the summary judgment stage. In its claim, the government claims that USPS paid $32.3 million to sponsor Armstrong’s team, and also paid Armstrong $17 million while spending almost $40 million appearing as the main title sponsor on several of Armstrong’s teams. The government is seeking …

August 24, 2016 Litigation / NFL

Rams Claim They Owe Fans Nothing After Move to Los Angeles

The Los Angeles Rams responded to requests by fans to refund the purchases they made of useless seat licenses through the 2024 season. According to the NFL team, the plaintiff is misinterpreting the licensing agreements. The Rams are requesting that the court deny the requests of the proposed class.

The Ram’s recent decision to move from St. Louis to Los Angeles has since caused issues with angry fans and season ticketholders. The plaintiffs point to a contract clause that obligates the team to pay back …

August 24, 2016 Litigation

College Players Not Entitled to Broadcasting Compensation

Former college players claiming they should be reimbursed for the broadcasting of games they played in recently endured another defeat. On August 17, 2016, the Sixth Circuit dismissed their claims after the district court had done the same in 2015. The suit was filed against ESPN, CBS, NBC, and other broadcasting networks and several conferences in 2014. Javon Marshall, former Vanderbilt football player, and the proposed class of former student athletes are claiming violations of the Sherman Act, Lanham Act, and Tennessee Law.

The …

August 23, 2016 Litigation

Reebok-CCM Presses for Details in Royalties Case

Reebok-CCM Hockey is being sued by Hefter Impact Technologies (HIT), and is pressing the helmet maker for more information to substantiate their claims. HIT is alleging that Sport Maska, Inc., who is doing business as Reebok-CCM, ignored a contractual obligation by using a certain design of a hockey helmet which HIT has proprietary rights to.

HIT had previously been well compensated from sales of the Vector line of helmets, which Reebok-CCM began producing in 2007 based on HIT designs. HIT was paid $1.4 million in …