Let’s Get This Thing Rollin’: Second Circuit Grants Motion for Expedited Appeal in Deflategate

On Friday September 25, 2015, the NFL filed a motion in the U.S. Second Circuit Court of Appeals requesting that its appeal of the district court’s “Deflategate” decision be expedited. Circuit clerk Catherine O’Hagan Wolfe granted the NFL’s motion on September 29, 2015, therefore reducing the ordinary 10-12-month appellate period.

The district court’s decision, issued by Judge Richard Berman on September 3, 2015, vacated the NFL’s 4-game suspension of quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to …

October 1, 2015 Antitrust / NCAA

NCAA Athlete Compensation: The Ninth Circuit Filed its Opinion on Appeal

On September 30, 2015, the U.S. Ninth Circuit Court of Appeals filed its opinion in the appeal of the O’Bannon v. NCAA antitrust lawsuit. At the federal trial court level, District Court Judge Claudia Wilken held that the NCAA’s ban on compensating student athletes violates federal antitrust laws. Judge Wilken concluded that “less restrictive” means were available to preserve student athletes’ amateur status, and therefore, she held that NCAA member universities were permitted to engage in the following acts: (1) universities may grant to student …

September 30, 2015 Concussions / NHL

NHL Concussion Litigation: 3 Plaintiffs Voluntarily Dismiss Claims

By Monday September 28, 2015, a total of 3 plaintiffs voluntarily dismissed themselves from the NHL concussion multi-district litigation, which commenced in 2013. These plaintiffs, all former NHL hockey players, were part of the lawsuit claiming that the league failed to protect its players from brain injury. Of late, the number of plaintiffs added to the original 10 plaintiffs grew by 29 former players in February 2015.

The 3 players who withdrew—Dan Fritsche, German Titov, and Bob Bourne—were targets in the NHL’s recent motion to …

September 30, 2015 Antitrust / MLB

MLB Continues Fight Against Fans in Antitrust Cable Lawsuit

In 2012, sports fans filed suit against the MLB, NHL, and the Yankees Sports & Entertainment Network (YES), among others, alleging that their TV “blackout” rules are illegal.

Sports leagues’ TV blackout rules have long frustrated sports fans. U.S. District Court Judge Shira Scheindlin provided an example of a typical situation for out-of-market sports fans in her 2015 opinion granting class action certification: A Yankees fan who lives in Iowa cannot purchase only the YES Network—as a fan living in New York can—he must …

September 29, 2015 Litigation / NBA

More Cheerleaders are Chiming in: Milwaukee Bucks Dancers File Wage Action, Joining Trend

On Thursday September 24, 2015, former Milwaukee Bucks cheerleading team member Lauren Herington filed a class action against the NBA organization regarding minimum wage violation allegations. Herington represents a class of current and former Bucks cheerleaders/dancers, aptly named, the “Bucks Dancers.”

The lawsuit was brought under the federal Fair Labor Standards Act and pursuant to Wisconsin state wage and hour laws. The action is seeking increased wages and damages, in addition to injunctive relief for attorneys’ fees, unpaid overtime wages, and unpaid minimum wages. The …

September 28, 2015 MLB

Minor Leaguers to Appeal Dismissal of Antitrust Action Against MLB

Earlier this month, a federal judge in California granted Major League Baseball’s motion to dismiss the minor league players’ antitrust lawsuit. On Wednesday, the minor league players informed the court that they plan to appeal the decision.

The lawsuit—a class action filed in 2014—alleges that the MLB violated federal antitrust laws by suppressing the compensation of minor league players through its anti-trust exemption. District Judge Haywood S. Gilliam, Jr. dismissed the case pursuant to a January 2015 decision in which the 9^th Circuit upheld …

September 28, 2015 Litigation / NFL

Tynes v. The Tampa Bay Buccaneers: the Placekicker’s Staph Infection Suit Will Continue

The lawsuit of former NFL placekicker Lawrence Tynes will continue in Florida state court, despite the Tampa Bay Buccaneers’ (the defendant) best efforts to dismiss the case on federal preemption grounds. The ruling of U.S. District Judge James S. Moody, Jr. on September 24, 2015, granted Tynes’ motion to remand the case to a state court. The decision also denied the Bucs’ counterargument that the case should be dismissed due to federal preemption under the Labor Management Relations Act.

In general circumstances, matters arising under …

September 26, 2015 Soccer

FIFA Under Fire: Swiss Authorities To Investigate FIFA President

Joseph “Sepp” Blatter, president of FIFA since 1998, is under criminal investigation. The announcement came on Friday, September 25, 2015 from The Office of the Attorney General of Switzerland. According to the announcement, Blatter is being investigated “on suspicion of criminal management as well as—alternatively—on suspicion of misappropriation.”

This comes as another development in a series of investigations involving FIFA. Swiss law enforcement officials arrested a number of top soccer officials in May and extradited them to the U.S. on federal corruption charges. The U.S. …

September 25, 2015 NFL

FAA Permits NFL Films to Fly Drones — But Not on Game Day

The Federal Aviation Administration (FAA) approved the NFL Films’ Certificate of Waiver of Authorization (COA) which is essentially a permit to fly a commercial drone. NFL Films, a division of the NFL that produces TV programs, films, and documentaries, is expected to use it predominantly for filming, not for live broadcasts.

The permit comes with conditions and limitations: drones must weigh less than 55 pounds, fly below 400 feet above the ground at less than 100 miles per hour or 87 knots. Furthermore, NFL …

September 24, 2015 Concussions / NFL

Standing His Ground: Plaintiffs’ Attorney Releases Statement On Concussion Settlement Appeal

On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future.

Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that …

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