Moore and Bertuzzi Settlement Called Into Question

The announced settlement between Steve Moore and Todd Bertuzzi, ending 10 years of litigation, has been called into question by Moore’s older brother Mark, who denies any such deal was reached. Merely hours after it was announced that the Moore and Bertuzzi lawsuit was settled outside of court, Mark Moore stated publicly that it is only a ploy.  Mark told reporters that his brother told him there was no deal and that the Moore legal team believes Bertuzzi and the Canucks were trying to pressure…
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Major League Broadcasting Challenged by Blacked-Out Fans

The National Hockey League and Major League Baseball broadcasting policies are headed for trial after the dismissal of their motions for summary judgment in an antitrust lawsuit last week. The plaintiffs are a class of frustrated NHL and MLB sports fans who filed a lawsuit against the organizations two years ago, claiming the restrictions on local television broadcasting (including blackouts) violate sections of the Sherman Antitrust Act.  The lawsuit alleges that broadcasting territory restrictions and collusion between the leagues and the broadcasting companies unfairly increases…
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Adam Sandler Gets His Money Back From Former Nanny

Adam Sandler won a California appeals court’s affirmation that ordered his former nanny to repay approximately $80,000 that she received under the confidential settlement agreement in 2010. Sandler’s HP Production (“HP”) hired Deanne McDonald in 2009 to take care of his kids, and she raised employment claims shortly after her employment ended.  HP and McDonald entered into a confidential settlement agreement in 2010 that paid her $48,000 and her attorneys $32,000.  In return, McDonald agreed not to disclose anything about the actor and to resolve…
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Federal Court in Pennsylvania Allows High School Football Traumatic Brain Injury Case to Continue

A traumatic brain injury sustained by a grown adult while accepting the monetary rewards of professional football is one thing.  A traumatic brain injury sustained by a public high school football player while under the watch of grown adults is another, and may constitute a federal constitutional claim for “injury as a result of a state created danger,” as demonstrated by the decision issued last week by the U.S. District Court for the Eastern District of Pennsylvania in Mann v. Palmerton Area School Dist. et
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Judge Approves $60 Million Settlement in NCAA Video Game Case

On Thursday, Judge Claudia Wilken approved the proposed settlement agreement between the Sam Keller plaintiffs and the defendants, NCAA, EA Sports and Collegiate Licensing Company (CLC)—$20 million with the NCAA and $40 million with EA Sports and CLC.  In an attempt to avoid similar video game related liability in the O’Bannon case, the NCAA argued the $20 million settlement should cover any misappropriation of likeness claims arising from NCAA-branded video games, but Judge Wilken disagreed.  Her decision to handle the two similar cases separately would…
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Former Dictator Learns from Lindsay Lohan about Publicity Rights

Manuel Noriega, the former military dictator of Panama, must have learned about Lindsay Lohan’s latest lawsuit from his prison cell in Panama.  Like Lohan who alleged misappropriation of her names, images, and likeness by a video game maker, Noriega filed a suit against Activision over 2012 popular first-person shooter Call of Duty: Black Ops II which, according to Noriega, features his image and likeness without his permission. The complaint claimed the character in the game is repeatedly referred to by name and also as Noriega’s…
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A-Rod Listens to Ex-Con over His Law Firm

Alex Rodriguez is being sued by his lawyer, David Cornwell, for over $380,000 in unpaid legal fees.  Cornwell, a prominent sports attorney, acted as legal counsel for A-Rod during his Biogenesis doping suspension scandal.  Apparently he wasn’t the only one giving A-Rod  legal advice. Cornwell filed a complaint on Monday demanding the payment as well as prejudgment interest and attorney fees.  The complaint stated Rodriguez refused to pay the amount, relying on the advice of ex-con Desiree Perez who was arrested in1994 for intent to…
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California Jury Tells Dodgers: Make the Ball Park Safer

A California jury awarded about $18 million in damages for Bryan Stow who was left permanently disabled after beaten by two men at the Dodgers stadium parking lot in 2011.  Of the total judgment, the Dodgers share would be about $15 million while The Los Angeles Times reported the number to be $13.9 million.  The jury determined the baseball team was 100% liable for Stow’s economic losses including lost wages and medical bills but 25% liable for pain and suffering. The Dodgers attorneys argued that…
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Details of the Keller Settlement Submitted for Approval

A proposed settlement filed on June 30 could allow up to $20,000 for several football and men’s basketball players whose names, images, and likenesses were used in NCAA-themed video games.  The filing contains the details of a $20 million deal announced in early June between the NCAA and the plaintiffs led by Sam Keller, a former Arizona State and Nebraska football player.  The proposed terms are closely related to the previously announced $40 million settlement by EA Sports and Collegiate Licensing Company (CLC) that would…
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Lindsay Lohan Sues “Grand Theft Auto” Makers

  On Wednesday, July 2, famed actress Lindsay Lohan filed suit in a Manhattan court against Take-Two Interactive, the makers of  the “Grand Theft Auto” videogame series.  Lohan alleges that the latest game contains a character bearing her image and scandalous character.   The character, Lacey Jonas, from “Grand Theft Auto V,” is an in-game celebrity that players help along on missions.  Lohan claims this character is a re-creation of her image, voice, and clothing-line styles.  The game also features a mission where the character…
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