LATEST INSIGHTS

NCAA

Update: Cell Phone Evidence Upheld in NCAA Corruption/Bribery Case

As we have previously reported, former Adidas consultant, Merl Code, NBA agent, Christian Dawkins, and Adidas executive, Jim Gatto, came under fire in 2017 for alleged bribery and corruption practices relating to the NCAA. Specifically, they were accused of facilitating six-figure payments to basketball players and their families in exchange for assurance that the players would go on to attend Adidas-sponsored, NCAA Division I colleges, using Dawkins as an agent. Further accusations indicate that college coaches were similarly bribed in the scheme and encouraged …

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Baseball / MLB

Marlins Move Former Employee’s Wage Suit to Federal Court

In April 2018, a former marketing manager for the Miami Marlins filed a lawsuit against the team, claiming lost wages and violations of the Fair Labor Standards Act. On Friday, June 1, 2018, the Marlins filed a notice of removal, moving the case to federal court pursuant to the club’s contention that the former employee’s complaint raises substantial questions of federal law.

Boris Garcia Menier started as an intern with the Marlins in 2006 and later became a marketing coordinator, supervisor and then manager …

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Fraud / Litigation

Vikings Owners Granted Massive Reduction in Damages in RICO Suit

On June 1, 2018, a three-judge appellate panel in New Jersey reviewed a 26-year old racketeering case against Minnesota Vikings owners, Zygmunt, Mark, Leonard Wilf, and other defendants, determining that a nearly $103 million award must be reconsidered.

In its 90-page decision, the panel upheld Racketeer Influenced and Corrupt Organizations Act (RICO) claims, as well as some non-RICO claims, including fraud and breach of fiduciary duties. In doing so, however, it decided that the total award required reexamination because it improperly included RICO and non-RICO …

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Defamation / Libel

Update: MLB Player’s Libel Suit Against Al Jazeera

On May 31, 2018, Al Jazeera filed an opposition motion in the Ryan Zimmerman and Ryan Howard libel lawsuit. As we have previously reported, MLB player’s, Zimmerman and Howard, sued Al Jazeera after a 2015 documentary called “The Dark Side: The Secrets of Sports Dopers” aired. The documentary accused the Zimmerman and Howard, and other professional athletes, of using performance-enhancing drugs (PED’s). While the two sides continue to battle over discovery, Zimmerman and Howard previously filed a motion to compel. In their motion, Zimmerman …

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Olympics

Jamaican Relay Team Loses 2008 Gold Medals with Dismissal of Doping Appeal

On May 31, 2018, in its Lausanne, Switzerland headquarters, the Court of Arbitration for Sport decided the appeal of doping allegations pinned against Olympic gold medalist Nesta Carter.  Carter competed in the 2008 Beijing Olympics alongside teammate Usain Bolt and others in the Jamaican relay team, winning a gold medal. Immediately following the win, the International Olympic Committee took urine samples from the competitors in order to determine whether they had been in violation of any anti-doping rule at the time of their participation. Although …

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Intellectual Property, Copyright, and Trademark

Adidas Settles Trademark Infringement Case Against Skechers

On June 16, 2017, the Sports and Entertainment Law Insider discussed an appeal made by Sketchers to lift a preliminary injunction granted in favor Adidas, which had alleged that the Skechers Onix sneaker was violating the trademark of the iconic Adidas Stan Smith tennis shoe. The injunction was later affirmed by the Ninth Circuit Court of Appeals. While affirming the injunction and continuing to prevent Skechers from manufacturing or selling the Skechers Onix, the appeals court noted its belief that Adidas would likely succeed at …

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Contract

Under Armour Seeks Arbitration in Data Breach Case

On May 21, 2018, the Sports and Entertainment Law Insider reported a putative class action suit filed against Under Armour, relating to a March 2018 data breach of the company’s MyFitnessPal app. On June 28, 2018, Under Armour filed a motion to compel arbitration, along with a motion to dismiss or stay litigation.

In the filing, Under Armour alleges that the named plaintiff, Rebecca Murray, expressly agreed to “a conspicuous arbitration provision” when she registered and used the MyFitnessPal app. The Terms and Conditions of …

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Fantasy Sports

College Football Right of Publicity Lawsuit: Player Unions Support College Athletes in Fantasy Sports Suit

On January 25, 2018 the Sports and Entertainment Law Insider discussed a lawsuit filed by former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicholas Stoner, who alleged that daily fantasy sports (DFS) providers had violated an Indiana state right-of-publicity statute when the DFS companies used names, images, likenesses, and statistics of student-athletes in online fantasy sports contests. In September 2017, the case was dismissed by the United States District Court based on a finding that the use of the names, images, and likenesses were …

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NHL

UPDATE: Dismissal of Late NHL Player’s Wrongful Death Suit Affirmed by 7th Circuit

Since May of 2013, the Sports and Entertainment Law Insider has been tracking a wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. The suit may have reached the end of its long road with the Seventh Circuit affirming the dismissal of the case.

In the midst of ongoing litigation against the NHL for their conduct relating to the risks of head injuries, the result in the Boogaard case is temporary victory for the league which is seeking to avoid the …

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Concussions / NFL

Update: Arguments Heard on Special Investigator in NFL Concussion Settlement

As we have previously reported, the NFL continues to sort through the claimants involved in its billion dollar concussion settlement. The claimants are former NFL players and families of deceased players seeking to recover against the NFL for concussive injuries resulting from their time spent playing for the league.

On May 30, 2018, counsel for the NFL, Richard Tarlowe, asked a Pennsylvania federal judge during arguments to bolster the investigation of legitimate claims by supplementing the process with an additional investigator. Recent audits completed …

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