NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings. In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field.  This class now seeks intervention in the NFL’s concussion litigation settlement negotiations  for fear of the…
Continue reading...

Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County.  Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach. Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.”  In 2009, Adam Carolla had already developed a significant fan base through his various…
Continue reading...

Plaintiff Drops out of NFL Apparel Antitrust Lawsuit

On Thursday, August 28, the lead plaintiff in Dang v. San Francisco Forty Niners, Ltd., submitted a stipulation of voluntary dismissal with Judge Davila of the Northern District of California. Patrick Dang, the lead plaintiff and class representative, has decided to withdraw from the lawsuit he waged against the NFL and Reebok citing health concerns that have begun in May of this year.  The stipulated agreement allows for a withdrawal of plaintiff Dang and a dismissal of his individual claims without prejudice and without an…
Continue reading...

MLB Seeks Pre-Trial Appeal & Plaintiffs Seek Class Certification in Antitrust Broadcasting Litigation

On Wednesday August 27, 2014, the MLB filed a motion for immediate interlocutory appeal with Judge Scheindlin in the Southern District of New York, seeking permission to appeal her recent order in their current antitrust litigation case. The MLB’s geographically based broadcasting restrictions are currently being challenged in the SDNY by irate fans who are tired of blackout restrictions and the high prices of streaming games online.  Earlier this month, Judge Scheindlin ruled against the MLB’s motion for summary judgment, holding that the oft-cited antitrust…
Continue reading...

Another Headache for the NCAA Concussion Litigation

Once again, the NCAA has found itself at the forefront of concussion-related litigation. A Montgomery County (Md.) Circuit Court Judge granted a motion to compel the NCAA president, Mark Emmert, to be deposed in a lawsuit over the death of a college athlete. In 2011, the parents of a Frostburg State University (Frostburg) football player filed suit when their 22 year-old son, Derek Sheely, died after sustaining several concussions during preseason football training. The wrongful-death suit accused the football coach of conducting “gladiatorial” high-speed…
Continue reading...

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system. In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002. When Saleh was traded to the Browns,…
Continue reading...

CBS Sued Over Farting Hippopotamus

A recurring stuffed animal on the hit CBS show, NCIS, is causing the broadcasting corporation legal woes this week.  On August 25, CBS Broadcasting was sued by world renowned puppet maker, Folkmanis Inc.,  for infringing its copyrights by producing and selling “Bert the Farting Hippo” products. Abby Sciuto, the goth forensic scientist on NCIS, introduced her furry, farting stuffed animal, Bert back in 2003.  Since his first appearance, Bert the Farting Hippo has made over a dozen appearances on the television show, garnering…
Continue reading...

Appeals Court Agrees Cuban Is Not Mismanaging Mavericks.

On Thursday August 21, judgment was entered in the Court of Appeals for the Fifth District of Texas affirming the trial court’s November 2011 decision that the Dallas Mavericks were not being mismanaged and did not require court-appointed receivership. The lawsuit, filed in 2011 by previous majority owners, Hillwood Investment Properties III Ltd., claims that Mark Cuban’s ownership of the Mavericks has been “careless and reckless” resulting in a loss of substantial investment value to the now minority owners.  Hillwood is seeking court-appointed receivership due…
Continue reading...

Contestant Sues Viacom; “Dating Naked” Was “Not What She Anticipated”

On Friday, August 22, a contestant from VH1’s series “Dating Naked” filed a $10 million lawsuit against Viacom and two other production companies for broadcasting images of her naked. Jessie Nizewitz, a model from New York, participated in the reality television show “Dating Naked,”  which aired in July.  The show revolves around several male and female participants who strip down to the buff and go on dates with each other in an island paradise.  During an on-beach wrestling incident, Niewitz claims that her…
Continue reading...

Moore and Bertuzzi Settlement Called Into Question

The announced settlement between Steve Moore and Todd Bertuzzi, ending 10 years of litigation, has been called into question by Moore’s older brother Mark, who denies any such deal was reached. Merely hours after it was announced that the Moore and Bertuzzi lawsuit was settled outside of court, Mark Moore stated publicly that it is only a ploy.  Mark told reporters that his brother told him there was no deal and that the Moore legal team believes Bertuzzi and the Canucks were trying to pressure…
Continue reading...