Yankees Accused of Cheating Stadium Workers Out of Tips

Concession workers at Yankee Stadium have sued the team, claiming they are being cheated out of the tips automatically added to their bills.  Thirty two current and former waiters in the Yankee Stadium’s exclusive box seats have filed a lawsuit demanding their share of the team’s concession profits. New York Yankees Partnership and Legends Hospitality LLC (“Legends”) was formed by the team in 2009 to operate the concessions at the new Stadium.  Legends is owned by the Yankees, the Dallas Cowboys, and Goldman Sachs, and…
Continue reading...

Recent Deals Demonstrate Need For Cap on Contract Length

The Minnesota Wild made waves this offseason by signing Zach Parise and Ryan Suter to identical 13 year, $98 million contracts.  Shortly before that, the Pittsburgh Penguins signed Sidney Crosby to a 12 year, $104.4 million contract extension that will pay him through the age of 38.  These contracts epitomize a problem that has bedeviled the NHL ever since the salary cap was introduced following the 2004-5 lockout: salary cap circumvention.  And, to no surprise, the NHL once again locked out the players when the…
Continue reading...

Ghost Rider Creator Consigned to Copyright Hell with Appellate Decision

Last week, the U.S. Court of Appeals for the Second Circuit affirmed a ruling by U.S. District Judge Katherine B. Forrest (for the Southern District of New York) by refusing to revive copyright claims brought by comic book writer and “Ghost Rider” creator Gary Friedrich.  The ruling confirmed that Friedrich had both (a) signed over whatever rights he had in the character in a 1978 agreement with Marvel, and (b) alternatively, had waited too long to sue over those rights and could therefore not dispute…
Continue reading...

Pacquiao Wins Round Against Mayweather in District Court

On September 19, 2012, U.S. District Judge Larry Hicks ordered Floyd Mayweather to pay $113,518.50 in attorneys’ fees and costs as a result of refusing to show up for a deposition in a suit filed against him by fellow boxer Manny Pacquiao.  The underlying action is one for defamation – alleging that Mayweather told multiple parties, including reporters, that Pacquiao uses performance enhancing drugs. Mayweather insisted that he missed the deposition last fall because he had been too busy training.  However, investigators “obtained photos of…
Continue reading...

Author Fails in ‘Avatar’ Copyright Suit Against Cameron and Fox

U.S. District Judge Manuel L. Real recently granted director James Cameron’s and Twentieth Century Fox Film Corp.’s motion to dismiss in a copyright action, holding that a disgruntled author and screenwriter was unable to demonstrate that “Avatar” was “substantially similar” to his novel, “Bats and Butterflies.” “Bats and Butterflies” is a story about a bullied boy who travels to a magical land called Altair where he befriends a tribe of aliens that look like butterflies.  At the end of the story, the boy battles against…
Continue reading...

Writers Call Foul on FX Over ‘The League’

Writers Joseph Balsamo and Peter Ciancarelli filed a copyright infringement suit in the U.S. District Court in New York against cable network FX, accusing the network of using their idea for a television show as the basis for its popular program “The League.” “The League” premiered in October 2009, and the fourth season is scheduled to air next month. According to the writers, they filed a television treatment titled “The Commissioner” with the Writers Guild of America in December 2006.  The treatment was also posted…
Continue reading...

NFL Attempts to Keep Insurance Coverage Dispute in California

The National Football League recently filed a motion to dismiss a  lawsuit filed by Alterra America Insurance Co. in New York State Supreme Court, arguing that the excess insurer did not have the requisite standing to add additional insurers as parties to its New York action, since the NFL is already pursing an action against them inCalifornia. The current dispute arose out of the massive insurance coverage obligations dispute between the NFL, NFL Properties LLC, and a host of primary and additional insurers, which began…
Continue reading...

‘Pink Slime’ Manufacturer Fights Back at ABC with Defamation Suit

A manufacturer of beef trimmings launched a $1.2 billion defamation suit against the American Broadcasting Company, ABC reporters Jim Avila and David Kerly, Diane Sawyer and several others in the Circuit Court of South Dakota, First Judicial Circuit on September 13, 2012. In its complaint, the manufacturer, Beef Products, Inc., alleges that ABC’s multi-part documentary attacked BPI’s lean finely textured beef product (the substance less affectionately dubbed “pink slime” by critics in the documentary) causing it to incur a loss of business since the series…
Continue reading...

Sinatra’s Estate Prevails in Trademark (Hot)Dog Fight with Food Truck Owner

On September 12, 2012, the U.S. Patent and Trademark Office’s appeals board upheld the denial of an attempt to trademark the name “Franks Anatra,” holding that it wrongfully referenced the famous singer Frank Sinatra and was likely to cause confusion or otherwise imply a false association with the iconic American singer. The estate of Sinatra and Frank Sinatra Enterprises LLC led the opposition toMichiganhot dog truck owner Bill Loizon’s application noting that they currently owned the rights to three trademarks which registered the name Frank…
Continue reading...

Disney, Sony Face Billion Dollar ‘Sister Act’ Suit filed by Harlem Nun

Harlem nun Delois Blakely is suing Disney and Sony Pictures for allegedly stealing her life story for the plot of the popular movie “Sister Act.”  According to Blakely, she delivered a synopsis of her autobiography, “The Harlem Street Nun” to a Tri Star Pictures producer.  When they expressed interest in the story, producer Scott Rudin took the story to Disney, where they made “Sister Act.” The Disney picture featured Whoopi Goldberg as a Reno singer who is forced to go into hiding in a convent…
Continue reading...