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 3, 2016 NFL

Judge Denies Vikings’ Request for Preliminary Injunction in Advertising Suit

On January 28, 2016, U.S. District Judge Donovan W. Frank denied the Minnesota Vikings’ request for a preliminary injunction to prevent Wells Fargo from building two large illuminated signs near the teams future new home — U.S. Bank Stadium.

Last month, Minnesota Vikings Football Stadium, LLC (MVFS) — a team affiliate responsible for the construction and promotion of U.S. Bank Stadium — filed suit against Wells Fargo over two illuminated rooftop signs which the company alleges are in violation of a 2014 signage agreement between …

February 2, 2016 Fantasy Sports

Daily Fantasy Sports Payment Processor Vantiv Entertainment Cuts Ties with Industry

Daily fantasy sports (DFS) industry giant DraftKings, Inc. has acknowledged a recent report that Vantiv Entertainment Solutions, one of the company’s payment processors, is cutting ties.

The report was made by the New York Times on January 29, 2016. Vantiv not only provides payment processing for DraftKings but also for a number of DFS companies, including FanDuel, Inc., DraftKings’ leading competitor. Vantiv plans to end its business with all DFS clients by February 29, 2016.

The processing company’s decision to cut ties with DFS is …

February 2, 2016 NFL

Chargers to Remain in San Diego for 2016 Season

On Friday, January 29, 2016, the San Diego Chargers made two important announcements: (1) the franchise reached an agreement in principle with the now “Los Angeles Rams” to share the Inglewood stadium project, creating a route for a Los Angeles move; and (2) the franchise will be staying in San Diego for the 2016, committing to a possible solution for a stadium that keeps the team in San Diego long-term.

Last year, Rams owner Stan Kroenke purchased a 60-acre tract of land 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 …

January 30, 2016 NFL

Fan Seeks Rehearing in NFL Super Bowl Ticket Suit

On Thursday, January 28, 2016, NFL fan Josh Finkelman filed a petition for a rehearing in the Third Circuit, asking that the court reconsider its decision to dismiss his proposed class action suit against the NFL for allegedly violating New Jersey state law by not releasing an adequate number of Super Bowl XLVIII tickets to the general public.

The proposed class action alleged that the NFL was in violation of New Jersey’s Consumer Fraud Act by releasing only one percent of Super Bowl XLVIII tickets …

January 29, 2016 Antitrust / Litigation / MLB

Judge OKs MLB Antitrust Settlement

On Monday, January 25, 2016, a federal judge gave her approval of a settlement agreement between the MLB and sports fans over territorial blackouts and high prices for out-of-market sports packages.

The suit began four years ago when a group of sports fans sued the MLB, the National Hockey League (NHL), individual clubs, Comcast, and DirecTV. According to the fans, the defendants agreed in the early 1980s to divide up the country into geographic territories so that only one or a few teams could broadcast …

January 29, 2016 Fantasy Sports

Proposed Class Action Lawsuit Filed in Oregon Against DraftKings, FanDuel

Since news of the alleged insider trading scandal broke in October 2015, daily fantasy sports (DFS) industry leaders DraftKings, Inc. and FanDuel, Inc. have been served with dozens of proposed federal class actions. The cases are consumer-based actions filed in jurisdictions throughout the country by former and current users of the companies’ DFS betting websites.

On January 25, 2016, Oregon joined the mix, with a class action filed by named plaintiff Brandon Peck.

Peck claims DFS wagering violates Oregon state law, which defines illegal gambling …

January 28, 2016 Litigation / NHL

NHL Reiterates Federal Labor Law Preemption, Argues to Toss Latest Claims of Victims’ Families

On Friday, January 22, 2016, the National Hockey League filed a brief in Minnesota federal court in an attempt to weaken the multidistrict litigation concussion lawsuit against it. In particular, the NHL is seeking the removal of claims filed on behalf of the spouses and families of injured players, arguing federal labor law preempts their loss of consortium and wrongful death actions. In filing the brief, the NHL hopes to dismiss the concussion suit altogether by continuing to reiterate their argument that the suit does …

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