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NFL

Tom Brady & Deflategate: Goodbye Settlement, Hello Appeal?

On Monday August 31st, 2015 Tom Brady and the NFL met for their final settlement conference with the district court judge in the Deflategate litigation. Following the 2014 NFL Season, the league suspended quarterback Tom Brady for four games in relation to his alleged involvement with the impermissible deflation of footballs. The two parties did not reach a settlement agreement on Monday, however, which may show that both sides believe they have put forth a compelling case.

Nevertheless, in the end, the failure …

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Antitrust / Boxing / Litigation

Golden Boy Promotions v. Haymon: Who is the Real Double-Dipper?

This past May, boxing promotion company Golden Boy Promotions LLC filed an antitrust action against Alan Haymon, a manager for various boxers, including Floyd Mayweather.  The action claims that Haymon violated the Sherman Antitrust Act, the Muhammad Ali Boxing Reform Act, and several state laws, alleging that the manager acted as both a manager of boxers and a boxing promoter to monopolize American boxing.  Laws such as the Ali Act are intended to separate boxing promotion from management so that fiduciary duties owed to …

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Concussions / Litigation / NHL

To Preempt or Not to Preempt: The Boogaard Wrongful Death Action v. the NHL

In recent weeks, the NHL has busily defended two cases involving the league’s alleged liability for player safety issues. Although the plaintiffs in each individual case have filed distinguishable allegations against the league, discovery in the two suits may become intertwined.

The first case is a multidistrict litigation (MDL) in which the plaintiffs — former NHL players — have claimed that the league is liable for their concussion-related medical problems. In the second case, the plaintiffs, parents of the late Derek Boogaard, alleged that the …

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Litigation

Former Publishing Partner of ‘Fifty Shades of Grey’ Entitled To Share Profit

A Texas state judge ordered the publisher of “Fifty Shades of Grey” to set aside $10 million for the publisher’s former partner, Jennifer Pedroza, after the jury found that she was entitled to her share of the book’s royalty rights.

In her order, State District Judge Susan McCoy ordered the money be deposited in a court registry by September 25 as negotiations for a judgment amount take place for Pedroza.

In her case against Amanda Hayward and TWCS Operations Proprietary Ltd., Pedroza claimed that Hayward …

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General

New Jersey Sports Betting Denied Yet Again

The Third Circuit appeals court in Philadelphia rejected New Jersey’s recent attempt to legalize sports betting by denying their appeal of a lower ruling, finding a violation of the Professional and Amateur Sports Protection Act of 1992.

Last October, New Jersey repealed the prohibition on sports betting activity only in racetrack’s and casinos.  A district court, however, granted the NFL and NCAA an injunction to stop any attempt at betting while the case was pending.  The court then found repealing the prohibition violates the PASPA.  …

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NFL

NFLPA: Tom Brady Should’ve Been Fined, Not Suspended

In a letter to U.S. District Court Judge Richard M. Berman, NFL Players Association lawyer Jeffrey Kessler argued that Tom Brady should have been fined, not suspended, as required by the league’s collective bargaining agreement (CBA). Furthermore, Kessler claimed that even if the suspension was in compliance with the CBA, it is still inappropriate because Brady was not given a notice of his suspension in advance.

Kessler’s letter is a response to a filing by the NFL arguing that courts have the authority to …

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NFL

St. Louis City Court Rules: No Public Vote Required for St. Louis Stadium Plan Funding

The future of the NFL in St. Louis is a story we’ve covered before. Now, as Stan Kroenke’s Los Angeles Stadium development begins to take flight, the proponents of the St. Louis Stadium plan received some positive news.

On August 3, 2015, St. Louis Circuit Court Judge Thomas Frawley ruled; City ordinance 66509, codified as Chapter 3.91 of the Revised Code of the City of St. Louis requiring a public vote to use public money for a stadium is too vague and thus. …

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Litigation / NFL

Super Bowl Seating Battle Not Over Yet: Ticket Holders Appeal

Despite their win that awarded $75,000 in March, Super Bowl XLV ticket holders are appealing the trial court decision. In a court document filed on August 21 in the U.S. Court of Appeals for the Fifth Circuit, the ticket holders are asking the appeals court to overturn the district judge’s pretrial rulings.

The ticket-holder appellants claim that the district court judge erred in denying class certification to those who were completely deprived of their seats and others who were relocated to seats with obstructed views.…

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Golf

PGA Tour Seeks Early Exit from Caddy Ad Lawsuit

On Friday August 21, PGA Tour Inc. filed a motion to dismiss with federal court, seeking to end the antitrust class-action lawsuit waged against it by a group of tour caddies.

The lawsuit, brought by 80 PGA Tour caddies back in February, stems from the bibs the PGA requires the caddies to wear while walking the tour courses during tournaments.  The bibs contain advertisements of Tour sponsors and the caddies are not compensated for the advertising space they are forced to wear.  The lawsuit …

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Litigation

Jordan Awarded $8.9 Million in Advertising Dispute

On Friday, August 21, the six year legal battle between Michael Jordan and now-defunct Chicago-area supermarket, Dominick’s, has finally ended with Jordan securing yet another victory.

A federal court jury in Chicago returned a verdict in Jordan’s favor, awarding him $8.9 million for the unauthorized use of his brand.  The litigation, lasting six years, stemmed from an ad run in the 2009 commemorative Sports Illustrated magazine, celebrating Jordan’s induction into the hall of fame.  The advertisement included a congratulatory statement to Jordan in addition to …

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