January 7, 2016 Litigation / MLB / NBA / NCAA / NFL / NHL

Sports Litigation and Cases to Keep an Eye on in the New Year (Part I)

2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016.

“Deflategate” Appeal

Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular …

January 6, 2016 NFL / TV

Sports Legislation and Regulation in 2016: The Hot Topics (Part II)

In the first part of our look ahead to what are some of the hottest sports legislation topics, we focused on the battle surrounding daily fantasy sports sites FanDuel and DraftKings, along with the FCC’s potential ruling on “linear” online video platforms that offer sports streaming. Today, we’ll look at the fate of the Washington Redskins’ name and a bill that could end sports blackouts.

THE WASHINGTON REDSKINS’ MONIKER

In July 2015, a federal judge ordered the cancellation of the Washington Redskins’ federal trademark registrations. …

January 5, 2016 Concussions / NFL

You Don’t Have to Pay for That? “Concussion” Movie Legally Allowed to Depict NFL Logos Without League’s Consent

As anyone who has ever watched a football game on TV knows, one of the first things you hear before opening kickoff is a disclaimer stating that any broadcast or use of the NFL brand or its logos without its consent is prohibited under the law. People are so used to hearing the disclaimer that they probably don’t think about it too much; they just know that in order for the TV stations to broadcast the games, they need to legally disclaim any right to …

December 30, 2015 Litigation / NFL

Pain, But No Gain. NFL Teams Want Latest Painkiller Suit Thrown Out

On Monday, December 21, 2015, all 32 NFL teams responded with a joint motion in support of tossing a proposed class action lawsuit filed by a number of former footballers. The suit sprung out of the wanton distribution of painkillers by medical staff without regards to possible long-term effects on the health of the players, according to the plaintiffs in the case.

In their joint motion, the teams’ main argument is that the case should be dismissed because the ex-players’ claims are preempted and time …

December 24, 2015 NFL / Trademark

Redskins to Benefit From Federal Circuit’s Ruling in TM Action

On December 22, 2015, the Federal Circuit came to a conclusion regarding the government’s ban on “disparaging” trademark registrations that will likely support the Washington Redskins in its attempt to recover cancelled trademarks. The Federal Circuit held, in a similar case, that it is unconstitutional for the government to prohibit trademark registrations that it deems to be “disparaging,” as such action violates the First Amendment.

Tuesday’s ruling occurred in a similar case, where Seattle-based rock band — The Slants — were refused a trademark …

December 23, 2015 Litigation / NFL

Deflategate: NFL Submits Reply Brief in Appeal of District Court Decision

On Monday, December 21, 2015, counsel for the NFL submitted its reply brief to the U.S. Second Circuit Court of Appeals in the “Deflategate” litigation.

In the 2014 NFL Playoffs, New England Patriots quarterback Tom Brady was allegedly involved in a scheme to advantageously tamper with game balls used by Brady in the AFC championship game versus the Indianapolis Colts. The NFL suspended Brady for the first four games of the 2015 Regular Season.

Brady appealed the decision to an arbitrator, who, through the provisions …

December 22, 2015 Litigation / NFL

Judge Dismisses Action Over NFL’s “Undrafted” Series

On December 18, 2015, U.S. District Judge Dolly Gee dismissed a suit against the National Football League (NFL), which alleged that the league stole the idea for their Emmy-nominated television show, “Undrafted.”

Ricky Reed filed suit against the NFL, Roger Goodell, and eight NFL employees in March, claiming that the league had ripped off his idea for the television show “Undrafted.” In his complaint, Reed alleged that he contacted the NFL in August of 2013 to pitch an idea about a show that he thought …

December 12, 2015 Antitrust / NFL

Central California Named New Home for NFL Sunday Ticket Litigation

On December 8, 2015, the Judicial Panel on Multidistrict Litigation (JPML) consolidated and assigned multiple antitrust lawsuits challenging the NFL’s exclusive broadcasting agreement with Direct TV to Judge Beverly Reid O’Connell in the Central District of California.

The antitrust suits challenge the agreement the NFL has with DirectTV, granting DirectTV exclusive access to all NFL games. Because of the exclusive agreement, football fans can only view out-of-market games if they have Direct TV’s NFL Sunday Ticket package. Surely, fans who do not have Sunday Ticket …

December 11, 2015 Litigation / NFL

Goodell Not All-Powerful: Brady Blasts Commissioner’s Role in Suspension Appeal

On Monday December 7, 2015, the National Football League Players Association and New England Patriots quarterback Tom Brady jointly file a response brief in the United States Court of Appeals for the Second Circuit, arguing that Roger Goodell over-stepped his boundaries in slamming the future hall of famer with a four game suspension for his role in the “Deflategate” scandal. On September 3, District Court Judge Richard Berman overturned Brady’s suspension, determining that the NFL and the Commissioner’s Office failed to abide by the …

November 23, 2015 Fantasy Sports / MLB / NBA / NFL

Upping the Ante in Fantasy Sports Litigation: NHL, NBA, MLB Added as Defendants in FL Action

Dozens of federal lawsuits have been filed against DraftKings, Inc. and FanDuel, Inc. since the insider trading scandal made news in September 2015. By way of a substantial amendment to their complaint, the plaintiffs in a Florida action have added numerous additional defendants.

This putative class action, known as Gomez v. FanDuel, Inc. et al, was filed in the Southern District Court of Florida on October 15, 2015. The suit alleges state law negligence claims against DraftKings and FanDuel — the two industry …