Red Granite Pictures Inc., the production behind the long awaited comedy sequel Dumb and Dumber To, has asked a California Court for a declaratory judgment seeking to preclude the producers of the first 1994 film from getting any fees or credits on the new film. The complaint filed in the Los Angeles County Superior Court on July 15th alleges that the producers of the original movie, Brad Krevoy and Steve Stabler, are not entitled to producer fees or production credit. Mr. Krevoy and Mr. …
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State of Arizona Requires “Temporary Workers” To File Workers’ Compensation Claims in Arizona
On April 3, 2013, the Governor of Arizona, Jan Brewer, approved Senate Bill 1448 drastically limiting the ability of workers who “temporarily” work outside of Arizona to file claims in other jurisdictions.
In relevant part, SB 1148 provides that workers employed in Arizona who “temporarily leave[] this state incidental to th[eir] employment” and are injured must file their workers’ compensation claim in the state of Arizona. A worker is deemed “temporarily” in another state if the claimant has done work for fewer than 90 continuous …
Continue ReadingNCAA Punishment? Just Do It, Says Oregon U.
On June 26, 2013 the NCAA issued a Public Infractions Report against the University of Oregon, ruling that former Ducks head coach Chip Kelly failed to monitor the football program. The report cited a recruiting service as its basis for the infractions.
The University of Oregon hired a Texas scout, Will Lyles, for recruitment services for its football program. Lyles provided cash, lodging, travel, and academic aid, and made personal contact with high school prospects and their families. This is a violation of NCAA recruiting …
Continue ReadingRetired NFL Players Struggle To Get Medical Benefits
The physical rigors of an NFL career are familiar to any football fan. However, the unfortunate case of former Cincinnati Bengal Reggie Williams is one that stands out, and is instructive of the difficulties faced by former NFL players in getting post-career medical treatment. During a playing career, all medical care for players is covered under the league’s collective bargaining agreement. And vested players (those with at least three-years experience) are entitled to medical care for five years after the end of their career. However, …
Continue ReadingMichigan Follows National Trend, Passes New Sports Concussion Law
Michigan has become the 39th state to pass a sports concussion law which went into effect on June 30, 2013. The new Michigan law applies to school athletic committees, which include organized practices or competitions and also physical education classes that are part of any academic curriculum.
Pursuant to the new law, before a student athlete may participate in athletic activities sponsored or operated by the school, the school must first insure that coaches, employees and volunteers and other adults who are involved in the …
Continue ReadingRGIII’s Trademark Application Faces Its First Test
As the trademark world anxiously awaits the decision of the three-judge panel at the Trademark Trial and Appeal Board (and which we’ll be covering in great depth in our enhanced Intellectual Property, Copyright, and Trademark section of the blog), regarding whether the Washington Redskins logo is disparaging and thus whether the ’Skins would be forced to relinquish trademark protection over perhaps their most prized asset, Washington’s star player, Robert Griffin III, was in court settling a trademark dispute of his own.
Griffin, who is …
Continue ReadingTaylorMade Pulls Rocketballz Advertising Claim
On June 12, 2013, The National Advertising Division (NAD) heard Callaway Golf Company’s challenge regarding a claim that “the average golfer picked up about 17 yards” with TaylorMade Golf Company’s “Rocketballz” 3-Wood. The NAD provides alternative dispute resolution for companies that challenge factual claims made in national advertisements.
The NAD examined whether TaylorMade implied that Rocketballz would actually increase the average golfers distance by 17 yards despite their experience or skill. TaylorMade said the claim was a “single misworded reference” to its Rocketballz fairway woods. …
Continue Reading‘Thriller’ in the Courtroom: Former Jacksons Lawyer Sues Sony
The Jackson family is the topic for discussion in the courtroom these days. The family’s trial against AEG for negligently hiring Dr. Conrad Murray continues. Meanwhile, on Monday, June 17, 2013, former lawyer and manager for “The Jackson Five,” Richard Arons, filed suit in California Superior Court against Sony Music Entertainment (Sony).
Arons claims that Sony owes him royalties for recorded music Michael and his brothers made prior to 1983. Among other things, Arons is suing for breach of contract and improper accounting.
Arons became …
Continue ReadingCalifornia Jury Allows Madden Developer to Play On in Case Against EA
It took less than a week to return a verdict in favor of former Electronics Arts Inc. (EA) videogame developer Robin Antonick. On Friday, June 21, 2013, a California jury ruled that Antonick was not too late to bring a breach of contract claim against EA for royalties that he alleges are owed to him from a 1986 agreement with the video gaming company.
Antonick is the original designer and developer of the Madden NFL Football games. A 1986 agreement required EA to pay him …
Continue ReadingAnalysis: Patriots’ Release of Hernandez Avoids Issue with MA Law
Although it may not have been the motivating factor in the decision, the New England Patriots decision to release Aaron Hernandez following his Wednesday, June 26, 2013 arrest for murder allow the team to avoid problems with Massachusetts law on criminal records. Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01 makes it illegal for an employer to ask certain questions about a job applicant’s or employee’s criminal record. Employers may not ask about, maintain a record of, or base any employment decision