January 8, 2016 Concussions / NCAA / NHL / Soccer

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

Part one of our look ahead at some of hottest sports litigation topics focused on the Deflategate appeal and the battle in New Jersey over the legalization of sports betting. Today, we’ll look at the latest surrounding the NCAA anitrust litigation, concussion litigation in the NHL, and the FIFA corruption scandal.

NCAA Antitrust Litigation

The Ninth Circuit’s recent decision in O’Bannon v. NCAA cleared the way for collegiate schools to offer student athletes the full cost of attending college, but also prevents schools from …

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 …

December 17, 2015 Intellectual Property, Copyright, and Trademark / MLB / NBA / NHL

MLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters

On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings.

League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be …

December 10, 2015 Concussions / Litigation / NHL

After Finding of CTE, Father of Deceased Hockey Player Sues NHL

After threatening to sue the NHL for months, the father of deceased ex-NHL player Steve Montador finally filed suit in a federal court on December 8, 2015.

Montador, who suffered a career-ending concussion in 2012, was found dead in February 2015 at the age of 35. In May 2015, after studying Montador’s brain, doctors released their finding that the player had chronic traumatic encephalopathy (CTE) — a brain degenerative disease believed to be caused by multiple concussions sustained over the course of time. That same …

December 1, 2015 Concussions / NHL

NHL Concussion Lawsuit: NHL Seeks Discovery from Canadian Doctors

The NHL has filed a new discovery motion in the concussion lawsuit, which was brought by former players and consolidated in Minnesota as a multidistrict litigation in August 2014. The motion, filed on November 25, 2015, asks the court to seek help from the Ontario Superior Court in order to compel certain Canadian doctors to disclose documents.

The 100-plus plaintiff players claim that the NHL failed to ensure player safety. It is alleged that the league failed to ensure players’ full recoveries following head injuries …

November 17, 2015 NHL

Former Coyotes Owner Gets Hit With Bankruptcy Damages

On November 12, 2015, U.S. District Judge G. Murray ruled that former Phoenix Coyotes owner Jerry Moyes is liable to the NHL for attorneys’ fees and other damages that resulted from the team’s bankruptcy back in 2009.

The NHL initiated its action against the former Coyotes owner after he declared Chapter 11 bankruptcy and the NHL purchased the team for $140 million. The suit was brought in 2010 to recover $145.9 in damages, which included more than $112 in operating expenses, $6.5 million in unpaid …

November 13, 2015 Litigation / MLB / NBA / NHL

Illinois Judge Grants Temporary Restraining Order Against MLB, NHL, and NBA Counterfeiters

On November 6, 2015, U.S. District Judge Andrea R. Wood filed a temporary restraining order (TRO), prohibiting unidentified online retailers from producing and distributing counterfeit sporting merchandise.

The suit, brought in Illinois federal court last month by MLB, NHL, and NBA league affiliates, seeks to prevent the defendant retailers from selling products featuring their logos and claims $2 million in damages for the use of their trademarks. In their suit, the leagues claim that online retailers — believed to be based in China — have …

October 26, 2015 Concussions / Litigation / NHL

NHL Wants to Keep Concussion Lawsuit in the Courtroom, Not in the Media

On Wednesday, October 21, 2015, the National Hockey League filed an official opposition in a Minnesota federal court against the release of what they believe to be privileged documents to the public. In its memorandum of law, the league argues against the “de-designation” of confidential documents sought after by the plaintiffs, who are made up of a class of former NHLers bringing suit to recover under a theory that they suffer, or are at risk of continued medical complications, due to sustained head trauma while …

October 9, 2015 NHL

Former ‘Yotes Owners Continue to be Pestered by the NHL

It seems the National Hockey League still isn’t ready to let one previous franchise owner escape its icy clutches just yet. In a response brief filed Monday, October 7, 2015, former Phoenix Coyotes owners Jerry and Vickie Moyes requested the Arizona District Court to follow in the footsteps of U.S. Bankruptcy Judge Baum, who deemed most of the money sought to be recovered by the NHL as unsubstantiated back in January.

The Moyes’ brief was filed in response to a supplemental brief the NHL …

October 8, 2015 NHL

Former Season Ticket Holding Couple Shoots Back Against Dismissive Devils

On Friday, October 2, 2015, a motion in opposition was filed against the New Jersey Devils and its attempt to dismiss pending litigation from earlier this year. The plaintiffs in the suit, married couple and hockey fans Rey and Alex Olsen, argue the claims made by the organization in favor of dismissal are without merit and against precedent. Utilizing a comprehensive and persuasive breach of contract argument, the couple insist that an implied promise existed between the Devils and the Olsens relating to annual renewal …