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Concussions / Litigation / NCAA

NCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications

On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect.

The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes …

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Concussions / Litigation

Former KC Footballers Again Ask Court to Separate Claims

On Monday, January 25, 2016, a group of ex-Kansas City Chiefs renewed their remand bid seeking to get out of Pennsylvania federal court and back to a Missouri venue. The move comes as no surprise, as the players originally sought a transfer out of the multidistrict litigation concussion suit plaguing the NFL nearly two years ago.

In the renewed motion, the players bring focus as to why Missouri state court is a more appropriate forum, arguing that their claims are predicated entirely on state …

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Litigation / NCAA

FSU Settles Civil Suit with Winston Accuser

On Monday, January 25, 2016, it was announced that Florida State University had agreed to settle a federal lawsuit against it with former student Erica Kinsman for a purported $950,000.

Kinsman had filed the lawsuit against the school in January 2015 on Title IX grounds, spawning from allegations made by her accusing former FSU and current Tampa Bay Buccaneers starting quarterback Jameis Winston of sexual assault. According to Kinsman’s complaint, Winston raped her while she was in an inebriated state following the two meeting in …

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Litigation / NCAA

Former Cornerback Seeks Intervention in NCAA Scholarship Suit

On January 22, 2016, Devin Pugh, former Weber State University cornerback and named plaintiff in a punitive class action suit against the NCAA, filed a motion to intervene into a similar suit brought against the NCAA over the leagues limits on scholarships for Division I athletes.

Pugh filed his motion to intervene and join the proposed antitrust suit brought by John Rock over the NCAA’s “artificial” limits on scholarships offered to athletes who compete in Division I football programs. Rock’s suit is grounded on …

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Fantasy Sports

Action in Daily Fantasy Sports Controversy Continues: DraftKings Changes User Rules and IL AG Files Motion to Dismiss

Action in the daily fantasy sports (DFS) controversy continued last week: DraftKings, Inc. changed its user rules, and DFS litigation faces a motion to dismiss from the Illinois attorney general.

In October 2015, an insider trading scandal was alleged against DraftKings and FanDuel, Inc. — the industry leaders in DFS. Thereafter, the companies faced government scrutiny and a myriad of consumer-based class action lawsuits. Currently at issue in states across the country is whether DFS violates state and federal anti-gambling laws.

In several class action …

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MLB

Businessman Alleges Major Leaguer Paid Human Smugglers

Gilberto Suarez — a South Florida businessman who finances the transition of foreign baseball plays to Major League Baseball  in exchange for a portion of their contract — filed suit in a Florida federal court on Tuesday, January 19, 2016 alleging that his client breached a contract and instead paid human smugglers.

According to the complaint, Suarez made an arrangement with Miguel Alfredo Gonzales, a newly-defected Cuban prospect, who was in need of a sponsor. Suarez claims he agreed to pay Gonzalez’s expenses in exchange …

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Intellectual Property, Copyright, and Trademark / Litigation

Pimpin’ and Playin’… “Empire” Accused of Ripping Off Gangster’s Real Story

On Tuesday, January 19, 2016, a California federal judge was asked to dismiss a lawsuit against Twentieth Century Fox Film Company for stealing the idea of its tremendously popular “Empire” show from a real person. The suit was filed by a man named Ron Newt, who describes himself as a former gangster and pimp, and claims that Fox’s show infringes on his memoir, documentary, and screenplay, all of which detail his life in the music industry. The suit seeks $10 million in damages for copyright …

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Litigation

Things Heat Up in Fitbit Litigation Over Violation of Trade Secrets

Things have certainly heated up recently in the law suit brought by wearable fitness device maker, Jawbone, against Fitbit Inc., alleging that Fitbit poached Jawbone employees and stole trade secrets in order to decimate the company. Jawbone filed a brief in opposition to Fitbit’s request that the ITC find three Jawbone patents ineligible as abstract ideas. The following day, a California court ordered Jawbone to provide Fitbit with computers and other electronically stored information despite Jawbone’s contention that it was not required to submit such …

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Fantasy Sports

Steiner v. DraftKings, FanDuel Will Remain in Federal Court

On January 21, 2016, a Florida federal district court judge in the case of Steiner v. DraftKings, & FanDuel denied the plaintiff’s request to remand the action back to state court. The action claims the defendants are operating unlawful gambling businesses under Florida state law.

The plaintiff, Nelson Steiner, originally filed the complaint in state court, under Florida’s Sixth Circuit Court. Defendants DraftKings, Inc. and FanDuel, Inc., industry leaders in online daily fantasy sports gambling, subsequently removed the case to federal court based on diversity …

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Uncategorized

Global Tennis Organizers Accused of Corruption, Fervently Deny

The leaders in international tennis have combined forced to refute allegations that matches, including Grand Slam tournament play, were fixed and that players involved have been allowed to sidestep any form of punishment. The Association of Tennis Professionals, Women’s Tennis Association, and the governing bodies of the four major tournaments joined together on Monday January 18, 2016, to put up a united front in opposition to the accusations, stating that they are working together to “continue to promote the integrity of the sport” against any …

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