GUEST ANALYSIS: Cleveland Indians Sent to Dugout – Appeal to 6th Circuit to Stay in the Game

What was supposed to be a fun-filled day at the Cleveland Indians ballpark turned tragic.  An inflatable slide set up just outside the ballpark as part of a promotional event, collapsed killing one visitor and hurting another.  A subsequent investigation found that the slide had not been properly installed. The families of the deceased and injured visitors filed suit.  This particular case deals who’s going to pay. Let’s rewind back to the beginning of the 2010 baseball season.  The Indians had hired National Pastime Sports…
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UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation

On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that based on the gravity of the harm incurred, their lawsuit against the League must be allowed to move forward.  The brief rejected the NFL’s contention that the action was essentially a labor dispute that needed to be resolved under the league’s collective bargaining agreement. The Plaintiffs accused the NFL of “orchestrat[ing] a disinformation campaign,”…
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Pageant Mom Reigns Supreme with Settlement in Suit Against Tabloids

On November 6, 2012, the mother of Isabella Barrett (a child who appeared on TLC’s child beauty pageant television show ‘Toddlers & Tiaras’) settled a libel lawsuit filed against TMZ and the Daily Mall, two media outlets who allegedly “sexualized” the child’s performance at a January charity event in several news articles.  The complaint, which originally sought $10 million from each of the defendants, accused the media outlets of portraying Isabelle in a manner that was “perceived sexually, erotically and pornographically by the readership of…
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Mickey, I am Your Father…

The Walt Disney Company recently announced that it will pay just north of $4 billion for George Lucas’ production company, Lucasfilm, Ltd.   Disney, whose recent acquisitions include such entertainment powerhouses as comic book giant Marvel Entertainment and the computer animation company Pixar, revealed that it will continue to produce more films in the “Star Wars’ saga.  Lucas, who was the sole owner of the company baring his namesake, will become the second largest non-institutional shareholder of Disney stock when he receives 40 million shares as…
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Cycling Union Prepares to Come Clean; Armstrong’s Problems Getting Worse?

The United States Anti Doping Agency (USADA) recently released its evidence against former cyclist Lance Armstrong.  Though Armstrong has claimed innocence against charges of blood doping and use of banned substances, the evidence provided by the USADA leaves little, if any, doubt that Armstrong was part of what USADA chief executive Travis Tygart called, “the most sophisticated, professionalized and successful doping program that sport has ever seen.” Armstrong was given a lifetime ban from the sport of cycling in August, and was stripped of his…
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Tom Cruise’s Defamation Suit Proves it’s Risky Business for Tabloids to Cover Suri

On October 24, 2012, Tom Cruise brought a defamation action against the publisher of Life & Style and In Touch Magazines in U.S. District Court for the Central District of California.  The suit claims that the defendants published headlines indicating that he had abandoned his daughter Suri after his divorce with Katie Holmes, and seeks $50 million in damages. Some ‘at issue’ images included a picture captioned “Suri in tears, abandoned by her dad,” and featured a tearful photo of the young girl.  In response,…
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Goodell Passes Responsibility for Bountygate Hearings to Tagliabue; NFLPA Calls Foul

In an unprecedented move, NFL Commissioner Roger Goodell has agreed to recuse himself from overseeing a disciplinary appeal by four suspended New Orleans Saints’ players.  The appeal is seeking to reverse the suspensions Goodell handed down to the four based on their alleged role in the Bountygate Scandal where various Saints’ personnel were accused of promoting a pay-for-play system that encouraged the injuring of opponents.  Goodell has appointed his predecessor and former NFL Commissioner Paul Tagliabue to adjudicate the hearings in his place. The original…
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Update: Penn State Seeks Stay of McQueary Suit

On Monday, October 22, 2012, Penn State filed a motion to stay former assistant football coach Mike McQueary’s whistleblower and defamation lawsuit.  McQueary’s suit alleges wrongdoing by former Penn State athletics director Tim Curley and former vice president Gary Schultz.  Curley and Schultz allegedly failed to report child abuse after McQueary told them he saw Jerry Sandusky raping a boy in a shower.  McQueary testified about this to a grand jury, and then Penn State allegedly fired him as a result.  Curley and Schultz are…
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Judge Tells Plaintiff to ‘Just Go Away’ in Mötley Crüe Copyright Suit

Recently, U.S. District Judge John F. Grady dismissed a copyright infringement suit brought against the band Mötley Crüe in alleging the band improperly used copyrighted photos of themselves – photos acquired and copyrighted by Plaintiff Ron Toma in 2008 – as backdrops for recent rock concerts.  Toma filed suit against the band in the Northern District of Illinois. Judge Grady’s decision noted that the band had only “sporadic” contacts with Illinois, making the state an inappropriate forum for the action, stating “[t]hese contacts are extensive…
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ANALYSIS: McQueary Files Whistleblower and Defamation Suit Against Penn State

Mike McQueary, a former assistant football coach at Penn State, has filed a $4 million whistleblower and defamation lawsuit against the school.  The suit stems from Penn State’s alleged retaliation against McQueary after he testified against school officials during the child sex abuse scandal. According to the McQueary Complaint filed in Pennsylvania state court, in 2010, McQueary testified before a grand jury that he saw Jerry Sandusky sexually abusing a child in the showers at Penn State in 2001.  McQueary testified that he reported the…
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