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Litigation / MLB

A-Rod Sues Yankees Doc For Malpractice

In the midst of his appeal of a 211-game suspension arising from the alleged use of performance enhancing drugs, Alex Rodriguez just filed the anticipated malpractice suit against a Yankees’ team physician. Professional Liability Matters posted of the rumblings of a malpractice suit in August.  Now, the other shoe dropped. Although the allegations are serious, many speculate that A-Rod’s real goal of this lawsuit is to distract from A-Rod’s steroid controversy and to deflect blame.

To read the rest of this article, please visit Professional …

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NCAA

Reversal of Penn State Penalties May Lead to End of Miami Investigation

That the NCAA investigation of the University of Miami has dragged on beyond any reasonable timeframe is beyond dispute.  Students who entered the school as freshmen when the investigation began are seniors now, with no formal findings having been issued by the NCAA.  The Penn State investigation took less time.  The investigation and trial of Julius and Ethel Rosenberg took less time.  And yet, there is no sign that the NCAA will be making formal findings anytime soon.

However, the Palm Beach Post’s Greg Stoda…

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NFL

Closing the California Workers’ Compensation Loophole: AB 1309 Awaits Governor’s Signature

In a previous article (“Stemming the California Workers’ Compensation ‘Gold Rush’: AB 1309”) we previously covered the California’s legislature’s attempt to crack down on “cumulative trauma” type injuries being filed by former sports players who have spent the majority of their careers playing for non-California based teams or who have played a handful of games in California for other teams.  Supporters of the bill have maintained that it will curtail attempts by athletes with little or no connection to the state of California …

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Concussions / NCAA

NCAA and Riddell Hit Head On With Concussion Case

Two former college football players “hit” the NCAA with another concussion case.  This comes just one week after it agreed to mediate concussion claims in another pending case.  All told, the NCAA now has three potential class action suits pending against it regarding concussion claims.

Former Washington and Oregon quarterback, John DuRocher, and former Washington safety, Darin Harris, filed the suit in an Indiana federal court.  They are seeking over $5 million in damages for the repeated head injuries they sustained while playing.  According to …

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Advertising / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Rights / Trademark / TV

FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito: …

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Intellectual Property, Copyright, and Trademark / Litigation / Rights

Disney Suing Musical Company for Infringement

Last week, entertainment giant Disney file suit against a Pennsylvania based Entertainment Theatre Group, doing business as American Music Theatre (AMT).  In its complaint, Disney alleges that AMT’s production, Broadway: Now and Forever, infringes its rights and is seeking damages.

AMT is staging Broadway: Now and Forever, a show that billed as a “larger-than-life theatrical compilation of unforgettable music from the hottest new blockbusters to all-time favorite classics.” “Broadway: Now and Forever recreates the greatest moments ever on stage.”

The show …

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Concussions / NCAA

NCAA Agrees to Mediate Concussion Claims

Former federal judge Layn Phillips is heading back to mediation with parties over concussion claims.  This time he will preside over claims by former college football players against the NCAA.

The suit was filed two years ago by former Eastern Illinois player Adrian Arrington and three others.  Arrington, now 27, suffers from seizures that he alleges are a product of repeated head trauma suffered while playing as a defensive back.  The players, who are seeking class action status, are asking for unspecified money damages, long …

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NCAA

NCAA to Gradually Restore Penn State’s Football Scholarships

The NCAA announced this week that it will reduce the unprecedented sanctions against Penn State’s football program by gradually restoring scholarships starting next season. Modifications to other sanctions, such as reducing the four-year postseason ban, may be on the horizon but were not announced.

We all remember when the crimes committed by Jerry Sandusky were splashed on the front pages of newspapers, and when the case involving the notorious former Penn State assistant coach was the focus of every news channel for months. After Sandusky …

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NCAA / Rights

EA & CLC No Longer “In the Game” With College Athletes

After a long legal battle with college athletes, Electronic Arts (EA) and the Collegiate Licensing Company (CLC) are calling it quits.  On September 26, 2013, the companies announced that they reached a settlement agreement with the former college athletes.  If the judge approves the settlement, the NCAA will be forced to defend the suits on its own.

Four years ago, former UCLA basketball star Ed O’Bannon filed a lawsuit against the NCAA, EA, and CLC focusing on college athletes’ rights and compensation.  O’Bannon sought …

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Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Music / Rights

SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP …

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