May 20, 2016 Concussions / Litigation / NHL

More Discovery Required in NHL Concussion Suit

On May 16, 2016, in the ongoing suit between retired NHL players and the league, a Minnesota Federal Judge ruled more discovery is needed to determine if the former player’s claims are preempted by an NHL Collective Bargaining Agreement and, if so, which one. In January, the NHL filed a motion to stay discovery until their motion to dismiss was ruled on, which the former players opposed. On Monday, a judge sided with the retired players in allowing discovery to continue.

The six …

May 19, 2016 Litigation

ESPN Continues to Defend Adam Schefter Over Medical Records Tweet

On May 16, 2016, ESPN continued their legal support of star reporter Adam Schefter’s reporting by filing another motion asking a Florida federal judge to dismiss the case due to First Amendment protections for a matter of public interest. This case arose after Schefter tweeted New York Giants defensive end Jason Pierre-Paul’s medical records to support his reports that Pierre-Paul had successfully undergone surgery to amputate his right index finger stemming from a Summer 2015 fireworks accident. Pierre-Paul filed a civil suit claiming a violation …

May 18, 2016 Concussions / Litigation

Former WWE Wrestler Insists He Can Appeal Dismissal of His Concussion Claim

While concussion litigation against World Wresting Entertainment has been ongoing for years, at the end of March, a Connecticut federal judge dismissed many of the proposed class action claims asserted against the wrestling enterprise. A couple of years ago, several former wrestlers brought suit against WWE alleging that it knew of and concealed the risks associated with brain injuries. However, in deciding WWE’s motion to dismiss, the court pointed out that the wrestlers were “financially compensated to engage in an activity in which physical violence …

May 16, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NBA

Tattoo Licenser Argues IP Claims Against Game Designers Inked in Time

On Friday, May 13, 2016, tattoo licenser Solid Oak Sketches, LLC, responded to video game designers 2K Games Inc. and Take-Two Interactive Software Inc.’s motion to dismiss a suit over the alleged improper inclusion of certain tattoos on basketball players in the popular sports game NBA2K16, the latest iteration of the franchise. The suit was filed back in February against 2K and Take-Two by Solid Oak after the tattoo licenser had filed copyrights on tattoos inked on the bodies of NBA players Lebron James, Kenyon …

May 12, 2016 Concussions / Litigation / NFL

Delayed Concussion Settlement Exacerbates High Interest Rate Loans

Following the Third Circuit Court’s unanimous approval to uphold the NFL concussion settlement, a petition to rehear the appeal en banc has left former NFL players playing the financial waiting game. The impending settlement payouts have lenders circling, preying on vulnerable former NFL players that have debts to pay while suffering from both memory loss and cognitive issues.

Lenders, such as Thrivest, Atlas Legal Fund, and RD Legal Funding, are advertising presettlement loans as financial salvation for retired NFL players, many …

May 6, 2016 Concussions / Litigation / NFL

NFL Players Seek to Bar Former Firms from Concussion Award

One would think the Third Circuit’s approval of the uncapped settlement between the NFL and a class of former players would have ended the controversial litigation; however, it has ultimately led to additional legal action. Not only are the NFL insurers suing to avoid paying costs associated with the settlement, but several players involved in the settlement have requested that the court prevent their former attorneys from claiming an entitlement to their individual awards.

According to the settlement, players diagnosed with certain brain diseases, such …

May 4, 2016 Concussions / Litigation / NFL

Insurers Sue NFL Over its Uncapped Settlement Agreement

The concussion litigation against the NFL reached a groundbreaking moment last month when the Third Circuit upheld the uncapped settlement agreement between the NFL and a class of injured players. Although this decision may finalize the class action suit, the court’s ruling did not entirely conclude the NFL’s involvement in the litigation. The NFL has also been sued by its insurers to obtain discovery information which could aid in their defense from paying the costs associated with the uncapped settlement.

The settlement agreement is expected …

May 3, 2016 Celebrities / Litigation / Privacy Rights

On Heels of Unprecedented Win, Hogan Files New Sex Tape Suit

On Monday May 2, 2016, wrestling icon and reality-television celebrity Hulk Hogan filed another civil suit in Florida state court over the alleged distribution of a sex tape featuring the wrestler. According to the complaint, Hogan accuses Gawker Media, LLC (the gossip website whom he had just secured a $140 million jury verdict against in March), and a slew of individual defendants of intentionally interfering with his career in the WWE by obtaining and releasing a sex tape recorded without his consent. The tape …

May 2, 2016 Concussions / Litigation / NFL

Third Circuit Asked to Rehear Concussion Settlement

On Thursday, April 28, 2016, objectors to the approved $1 billion uncapped settlement agreement between the National Football League and a class of former players over concussion injuries sustained during their playing careers, filed a petition with the Third Circuit Court of Appeals, asking the court to rehear their appeal en banc. In a unanimous decision handed down earlier this month, the court, hearing the appeal with only three presiding justices, affirmed the district court’s decision approving the settlement, holding that the agreement was …

April 29, 2016 Antitrust / Litigation / MLB

Judge Gives Final Approval of $200 Million MLB Settlement

On April 25, 2016, U.S. District Judge Shira Scheindlin gave her final approval of the settlement resolving the antitrust claims against MLB. The settlement, which is worth $200 million, lowers the price MLB fans pay to watch games online.

The suit began in 2012 when fans brought a class action lawsuit against MLB claiming its territorial blackout policies and policy to sell only league wide game packages violated antitrust laws. The fans complained that the policies prevented them from buying access to watch only the …