Ninth Circuit Takes NCAA’s Appeal of the O’Bannon Case in Expedited Manner

The Ninth Circuit Court of Appeals agreed to hear the NCAA’s appeal of the O’Bannon case in a speedy manner after the parties filed a joint motion last week to expedite the schedule for briefs and oral arguments so that they have a decision before the permanent injunction by Judge Claudia Wilken becomes effective on August 1, 2015. Typically, the Ninth Circuit does not schedule appeals before all briefs are filed.  Originally, the NCAA was to submit its opening brief by November 28, and the…
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The 9th Circuit Might Be On The Slugger’s Side

The 9th Circuit Court of Appeals is rehearing an obstruction of justice conviction against retired baseball star, Barry Bonds. The conviction stems from Bonds’ 2003 grand jury testimony that was investigating steroid use among professional athletes. Under a grant of immunity, Bonds denied knowingly using steroids or any performance-enhancing drugs provided by the Bay Area Laboratory Co-Operative or his trainer, Greg Anderson. When asked about steroid use, Bonds digressed from the question and instead talked about his childhood and his father. Bonds’ eventually answered…
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Thicke “Blurred” His Writing Credit

“Blurred Lines,” the pop song that became an instant hit and put Robin Thicke on the map is back in the lime light. When the song was noted for its similarity to Marvin Gaye’s 1977 classic “Got to Give it Up,” “Blurred Lines” “writers” Thicke, Pharrell Williams, and Clifford “T.I.” filed suit against the estate of Marvin Gaye to protect their song against claims of being a rip-off. Gaye’s estate filed a cross-complaint accusing the plaintiffs of making an unauthorized derivative of “Got to Give…
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Former Mets Executive Sues for FMLA Violation and Discrimination

Former Senior Vice Presidnet for Ticket Sales and Service, Leigh Castergine, filed a lawsuit Wednesday in the Eastern District of New York, alleging Jeff Wilpon, part-owner of the Mets and Chief Operating Officer, harassed her for being pregnant, ultimately leading to her dismissal from the team on August 26. Castergine alleges in her complaint that Jeff Wilpon became fixated on her pregnancy as she was not married.  In addition to several accounts of  other discriminatory and appalling behavior, the complaint alleges Wilpon stated “I am…
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Moore & Bertuzzi Officially Reach an Agreement

The decade long legal battle between Todd Bertuzzi and former Colorado Avalanche player Steve Moore is officially at rest.  After earlier reports of a potential settlement between Moore and Bertuzzi surfaced about two weeks ago, they were quickly undermined by Steve Moore’s brother, Mark, claiming the deal was a farce to pressure Steve into settling. The allegations were finally ended on Thursday, however, when Steve Moore released an official statement leaving no suspicion or doubt: “the legal case for the loss of my NHL career…
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LA Lakers Seek Punitive Damages From Insurer in Bad Faith Claim Denial

On Tuesday, September 2nd, the Los Angeles Lakers filed suit against its insurer, Federal Insurance Co., for bad faith denial of coverage for a Telephone Consumer Protection Act violation suit, that settled earlier this year. David Emanuel brought the TCPA class-action lawsuit in 2012, claiming the Lakers were sending unwanted text message to his mobile device in violation of the Act.  The Lakers sought defense and indemnity under its Corporate Liability Coverage policy from Federal, however, the insurer denied coverage claiming the suit…
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NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings. In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field.  This class now seeks intervention in the NFL’s concussion litigation settlement negotiations  for fear of the…
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Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County.  Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach. Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.”  In 2009, Adam Carolla had already developed a significant fan base through his various…
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MLB Seeks Pre-Trial Appeal & Plaintiffs Seek Class Certification in Antitrust Broadcasting Litigation

On Wednesday August 27, 2014, the MLB filed a motion for immediate interlocutory appeal with Judge Scheindlin in the Southern District of New York, seeking permission to appeal her recent order in their current antitrust litigation case. The MLB’s geographically based broadcasting restrictions are currently being challenged in the SDNY by irate fans who are tired of blackout restrictions and the high prices of streaming games online.  Earlier this month, Judge Scheindlin ruled against the MLB’s motion for summary judgment, holding that the oft-cited antitrust…
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Appeals Court Agrees Cuban Is Not Mismanaging Mavericks.

On Thursday August 21, judgment was entered in the Court of Appeals for the Fifth District of Texas affirming the trial court’s November 2011 decision that the Dallas Mavericks were not being mismanaged and did not require court-appointed receivership. The lawsuit, filed in 2011 by previous majority owners, Hillwood Investment Properties III Ltd., claims that Mark Cuban’s ownership of the Mavericks has been “careless and reckless” resulting in a loss of substantial investment value to the now minority owners.  Hillwood is seeking court-appointed receivership due…
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