July 22, 2019 Baseball / Litigation / MLB

ADA Lawsuits Regarding Sightlines Could Lead to Expensive MLB Stadium Renovations

Major League Baseball (MLB) organizations and their stadiums are facing expensive potential renovations to adhere to The Americans with Disabilities Act of 1990 (ADA) guidelines following numerous lawsuits. This includes a lawsuit filed on behalf of four disabled Seattle Mariners fans in 2018 along with separate lawsuits against the Baltimore Orioles and Chicago Cubs. The ADA requires qualified employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.

The lawsuits allege that some MLB stadiums fail to comply …

July 16, 2019 Litigation

Defunct AAF Chairman Argues Lack of Personal Jurisdiction in Contract Breach Lawsuit

Thomas Dundon, the former chairman of the Alliance of American Football (AAF), filed a motion to dismiss for lack of personal jurisdiction on July 1, 2019 in a California Federal Court. The initial claim alleges that Dundon, who is the now-defunct league’s primary financial backer, “tanked” the AAF mid-season despite committing to fund the league throughout the year, according to Law360.

Rule 12(b)(2) of the Federal Rules of Civil Procedure asserts that “[e]very defense to a claim for relief in any pleading must be …

July 11, 2019 eSports / Litigation / NCAA

Former College Basketball Players Sue Fortnite Creators for Use of “Running Man” Dance

Jaylen Brantley and Jared Nickens, former college basketball players for the University of Maryland Terrapins, are suing Epic Games, along with game creators, over the use of the “Running Man” dance in the popular video game, Fortnite. In this game, players can unlock this Running Man dance for $5 to use for their own characters. The Running Man dance became popular on The Ellen DeGeneres Show in 2016 when Brantley and Nickens appeared on the show to perform the dance.

According to the Baltimore …

July 10, 2019 Litigation / Soccer

The Fight for Equal Pay: USWNT’s Gender Discrimination Lawsuit

The pay of U.S. Women’s National Team (USWNT) players as compared to U.S. Men’s National Team (USMNT) players has been a highly contentious legal debate in recent years, but the key issues are not straightforward – they involve a mix of anti-discrimination and contract and labor laws, which remain unresolved.

Members of the USWNT, including stars Alex Morgan, Carli Lloyd, and Megan Rapinoe, filed a lawsuit against the U.S. Soccer Federation, accusing it of gender discrimination. The players maintain that U.S. soccer has engaged in …

July 8, 2019 Baseball / Litigation / MLB

Widow of Victim Locked in Cooler at Sun Trust Park Sues Atlanta Braves

Angela Keeling, the widow of Marvin “Todd” Keeling, has sued the Atlanta Braves, as well as more than a dozen other companies that provide services at SunTrust Park, for his death after being locked inside a stadium cooler. The complaint states that the Braves knew the cooler door release mechanism was “faulty . . . improperly constructed, assembled, maintained, and allowed to exist despite notice . . .” but never fixed it.

On June 26, 2018, Keeling was an “invitee servicing and finalizing the installation …

July 8, 2019 Litigation / NFL

Rams to Pay $7.2 Million in Attorney Fees in Class Action Lawsuit by St. Louis Fans

A federal judge approved a settlement agreement in a class action lawsuit brought by football fans who bought personal seat licenses for St. Louis Rams home games before the team was moved to Los Angeles in January 2016. U.S. District Judge Stephen N. Limbaugh, Jr., a Missouri federal judge, granted the plaintiffs $7.2 million in attorney fees after approving two $3.6 million awards. Each of these awards are to be paid by the St. Louis Rams LLC to counsel.

Judge Limbaugh also released an order …

July 3, 2019 Basketball / Litigation

Zion Williamson’s Legal Battle with His Former Marketing Agency

Zion Williamson is surrounded by more hype than any other basketball prospect in recent memory. He has limitless potential and franchise-altering talent. With all the hype and excitement has also come some legal issues. On April 20, 2019, less than a week after Williamson declared for the 2019 NBA Draft, he signed a marketing deal with Prime Sports Marketing, LLC. Williamson’s contract with Prime Sports had a clause that the contract could not be terminated for five years.

However, only 40 days after signing the …

July 2, 2019 Basketball / Litigation / NCAA

NCAA Referee Appeals Dismissal of Death Threats Lawsuit

NCAA referee John Higgins asked the Sixth Circuit to accept his case against a Kentucky radio station, as well as two of its hosts, in a brief filed on Monday. Higgins alleges that the hosts deliberately incited fans to attack his roofing business and send him death threats following a March 26, 2017 NCAA tournament game between the University of Kentucky Wildcats and the University of North Carolina Tar Heels in which the Wildcats lost, 75-73, ending their season. According to the lawsuit, …

July 1, 2019 Litigation / NFL

NBC and Carrie Underwood Face Lawsuit Over NFL Sunday Night Football Theme Song

The common phrase among NFL fans of wanting to make it home “before Carrie” comes on might be in jeopardy now that Carrie Underwood and NBCUniversal Media are facing a copyright lawsuit by songwriter Heidi Merill. Merrill claims she pitched her song “Game On” to Underwood’s producer, Mark Bright, in 2017 at a conference, where he suggested she should submit the song to his office. After submitting the song, his office responded to her with an email telling her that they were “going to pass” …

July 1, 2019 Litigation / Trademark

Adidas Falls Short in Protecting Trademark Registration of “Three-Stripe Mark” in EU Court

Adidas AG fell short in its efforts to protect broader trademark rights to its three-stripe mark, as the European Union ruled the design was not distinctive enough for protection. This decision invalidated its 2014 trademark registration on “three parallel equidistant stripes of identical width” which are applied on products “in any discretion.”

“Adidas does not prove that that mark has acquired, throughout the territory of the EU, distinctive character following the use which had been made of it,” the court wrote in its decision summary…