February 17, 2016 Concussions / Litigation / NHL

NHL Again Seeks Dismissal of Former Players’ Spouses’ Claims

Last week, the NHL filed a new memorandum in support of its motion to dismiss the wrongful death and loss of consortium claims brought by the spouses of ex-players in December 2015. These claims were tacked on to the players’ master amended complaint at the end of last year, which was filed in the MDL case in Minnesota, to deal with issues of concussions and other head-related injuries, as well as the long-term effects players’ suffered over their careers.

The NHL had supplemented its pending …

February 17, 2016 Litigation / NFL

Rams Hit with Second Class Action Lawsuit Over L.A. Move

On Wednesday, February 10, 2016, another class action complaint was filed against the NFL’s St. Louis Rams, alleging that the Rams’ move to Los Angeles has rendered St. Louis Rams season tickets “valueless.”

According to the complaint, “tens of thousands” of St. Louis Rams season ticket holders purchased Personal Seat Licenses (PSLs), which gave them the right to purchase season tickets through the 2024 season. Yet, the Rams announced in early 2016 that they were moving to Los Angeles, making the PSLs worthless. The fans …

February 16, 2016 Litigation / NFL / Trademark

Don’t Wear it Out: Settlement in Lawsuit Against Nike Over the Allegedly Improper Use of the Name “Lights Out”

After nearly two years, a trademark infringement lawsuit brought by NFL linebacker Shawne Merriman against Nike has settled, according to documents filed in California federal court on Thursday, February 11, 2016.

The lawsuit was sparked by Nike’s use of the term “Lights Out” for one of its lines of athletic apparel. Merriman was given the nickname “Lights Out” while in high school, and upon entering college, began selling T-shirts with a “Lights Out” logo to help pay for his schooling.

Prior to the settlement, Merriman …

February 8, 2016 Concussions / Litigation / NFL

Riddell Concussion Update: Helmet Company Thrown Back into NFL Suit

Between January 27 and February 3, 2016, US District Judge Anita B. Brody handed down two new orders in the seemingly never-ending NFL concussion suit. The first decision was actually a reversal of one of Judge Brody’s previous ones, turning over her December 2015 decision to sever claims against helmet-maker Riddell, Inc., who is being targeted by the former players in the suit for making an inferior work product that caused, or at least did not properly prevent, concussion and other head injuries on the …

February 5, 2016 Litigation / MLB

Judge Rules Baseball Game Reports Must be Turned Over

On Friday, January 29, 2016, California District Judge Joseph Spero ordered Major League Baseball to disclose game reports in minor leaguers’ proposed class action suit. The players have alleged that the MLB conspired with its 30 member teams to suppress the wages they earned. The players sought access to the game reports to show the MLB did not keep formal time records of when they worked. In response, the league argued the game reports would not be able to prove anything and therefore had no …

February 4, 2016 Celebrities / Litigation

Criminal Case Against Bill Cosby Moves Forward

On February 3, 2016, in Norristown Pennsylvania, a judge denied Bill Cosby’s motion to dismiss criminal charges against him. The newly elected Montgomery County District Attorney, Kevin Steele, has filed three felony charges of second-degree aggravated indecent assault based upon the allegations from Andrea Constand. She claims she was sexually assaulted by Cosby in 2004. According to an attorney from Toland Law, if Cosby is convicted he can face up to 10 years in prison and along with civil fines in State of Pennsylvania.…

February 4, 2016 Concussions / Litigation / NHL

Retired Players Urge Court to Continue Discovery in NHL Concussion Suit

On Tuesday, February 2, 2016, former hockey players in the multidistrict litigation concussion suit filed a memorandum in opposition to the NHL’s motion to stay discovery. The league’s motion was filed in January, seeking a stay until its 2014 motion to dismiss is ruled on, arguing it has complied with all discovery requests and spent millions of dollars in what may potentially end up being extraneous spending if the suit is tossed.

Players are arguing that the NHL’s sudden attempt at halting discovery is …

February 3, 2016 Litigation / NFL / TV

NFL Sunday Ticket Litigation: Fans Want the Suit Back in State Court

On Friday, January 29, 2016, plaintiffs involved in a suit over Direct TV’s NFL Sunday Ticket package urged a California federal court to remand the case, which alleges violations of California law, back to state court.

The putative class action was initially filed by Robert Gary Lippincott Jr. in Sonoma County Superior Court back in October. Lippincott’s complaint alleged that contracts for Direct TV’s Sunday Ticket Package are void under California law as illegal contracts including “unconscionable provisions.” Specifically, Lippincott brought claims for unconscionability in …

February 2, 2016 Litigation

Indiana High Court Rules State is Not Contractually Obligated to Indemnify Company in Concert Stage Collapse

During the Indiana state fair in 2011, seven people were killed and dozens were injured when the stage collapsed during a concert. In litigation that followed, the company that provided stage rigging took the position that the Indiana State Fair Commission was contractually obligated to indemnify the company for the company’s own negligence. The issue went to the trial court, the intermediate court, and now the high court, which recently ruled unanimously that the Commission is not required to indemnify the company.

The company argued …

February 1, 2016 Litigation

ESPN Patent Infringement Suit Dropped with Prejudice

On Tuesday, January 26, 2016, sports TV giant ESPN and Suicide Fantasy Sports LLC agreed to end their lawsuit in California federal court over alleged patent violations. Originally filed in June 2015, Suicide’s complaint claimed that one of ESPN’s fantasy sport games, the popular “Gridiron Challenge,” infringed on a 2013 patent issued to the company. Specifically, Suicide alleged that ESPN’s feature of eliminating a fantasy player on a per week basis if already drafted by the user previously throughout the season was a novel concept …