In Pursuit of Class Certification against EA, Retired NFL Players Cite Bette Midler

The retired NFL players suing Electronic Arts Inc. (EA) are citing an unexpected figure in their continued efforts to gain class certification: singer Bette Midler. The athletes’ action against EA began in 2010, over the company using their likeness in the video games, arguing that, while EA pays the NFL players union when featuring the names and likeness of current players, EA failed to compensate retired players in the same fashion. A federal judge recently ruled against the athletes, refusing to certify their case as…
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Update: No Documents for Defendants in NCAA Corruption/Bribery Case

On September 5, 2018, U.S. District Judge Lewis A. Kaplan denied Merl Code, Christian Dawkins, and James Gatto (the defendants) access to certain documents. According to the opinion, during discovery, the defendants had as the United States government to turn over certain “documents and/or communications.” However, it is unclear exactly what information the defendants were seeking because the court opinion was heavily redacted. As we have previously reported, in February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to…
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Sparks Fly on Day Two of the NCAA Antitrust Trial

On September 5, 2018, a Stanford University professor, Dr. Roger Noll, testified as an economist expert on behalf of the college athletes in the ongoing NCAA antitrust trial. Dr. Noll criticized the NCAA’s amateurism rules, claiming that college basketball and football is not a “fragile enterprise dependent on how much players get paid.” As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for…
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NCAA Antitrust Trial Starts With a Bang

On September 4, 2018, University of San Francisco professor, Daniel Rascher, testified as an economist expert on behalf of the college athletes. In his testimony, Rascher likened the NCAA to an illegal “cartel” because to their habitual practice of limiting how much money college athletes could be paid. As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to…
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NCAA Antitrust Bench Trial Set to Begin

On September 4, 2018, U.S. District Judge Claudia Wilken is set to preside over a bench trail between the NCAA and a group of college athletes who want an injunction placed on NCAA amateurism rules. This lawsuit, brought by a class of college athletes, came in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athlete’s ability to profit from their likenesses were anti-competitive. However, as we have previously reported, the final decision, in O’Bannon, held that…
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TaylorMade Takes Case to Patent Trial and Appeal Board

On August 30, 2018, the United States Patent Trial and Appeal Board (PTAB) agreed to hear two challenges by TaylorMade Golf Company, Inc. (TaylorMade) against its fellow golf manufacture rival, Parsons Xtreme Golf LLC (Xtreme). The patents in question, US Patent No. 9,199,143 and US Patent No. 8,961,336 were previously filed by Xtreme and have remained a source of contention between the two companies for over a year. Back in September 2017, Xtreme accused TaylorMade of selling golf clubs that infringed multiple of Xtreme’s patents,…
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Kaepernick’s Grievance against the NFL to Advance

Colin Kaepernick’s case against the NFL will proceed to a full hearing, following an arbitrator’s decision on Thursday, August 30, 2018 to deny the NFL’s motion for summary judgment. The former 49ers quarterback accuses the NFL of colluding to keep him out of the league since he became a free agent in March 2017, arguing that the organization refuses to hire him because of the national anthem protests Kaepernick initiated in 2016. Now, with the case going to a full, trial-like format, some team…
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Women Drops Claims Against MLB in Foul Ball Suit

On August 24, 2018, Wendy Camlin, a woman suing MLB, the Pittsburgh Pirates, and Sports and Exhibition Authority and Allegheny Country, agreed to drop all of her claims against MLB. Back in April 20, 2015 Camlin attended a baseball game between the Pittsburgh Pirates and the Chicago Cubs at PNC Park, home of the Pittsburg Pirates, when a foul struck Camlin in the head. Camlin seat for the April 20, 2015 game was immediately behind home plate, in Row A, and there was a net…
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Judge Dismisses Former NHL Enforcer Michael Peluso’s Lawsuit

On August 24, 2018, Judge Susan Richard Nelson dismissed Mike Peluso’s lawsuit against the New Jersey Devils, St. Louis Blues, and the Chubb Group. As we have previously reported, Peluso, a former NFL player who played professionally for nine seasons, sued the Devils, Blues, and their insurance company, the Chubb Group, claiming that they intentionally hide the dangers he faced from continued head injuries. After his retirement in 1998, the long-term effects of his role as an enforcer and the resulting brain injuries formed…
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College Athletes Move to Force America East Conference Commissioner to Testify

On August 22, 2018, a class of college athletes filed a motion to compel the testimony of Amy Huchthausen, Commissioner of the NCAA America East Conference. According to the motion, the NCAA canceled Ms. Huchthausen’s deposition two days before she was scheduled to be deposed. The NCAA claimed that she was no longer going to be called as a witness at the upcoming college athlete’s compensation trail, a stark contrast to their previous statements. As we have previously reported, a class of college athletes…
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