Former NFL Player Sues NFLPA for ERISA Violation

On May 22, 2018, Christopher Hudson, a former Jacksonville Jaguar, Chicago Bear, and Atlanta Falcon safety, filed a class-action lawsuit against the NFL Management Council, the National Football League Players Association, and the retirement board (defendants), alleging that a class of players suffering from various injuries were denied crucial information on how to request disability benefits under their retirement plan. Hudson’s lawsuit seeks recovery, under the Employee Retirement Income Security Act of 1974 (ERISA), for a class of players who were beneficiaries of the Bert …

May 25, 2018 NCAA

UPDATE: Former USC Coach Losses Defamation Suit Against the NCAA

On May 21, 2018, a jury returned a verdict of 9-3, found that the NCAA did not defame former University of Southern California assistant football coach Todd McNair in its 2010 and 2011 statements. As we have previously reported, McNair accused the NCAA’s Infractions Committee of ending his coaching career in June 2010 when it found him guilty of unethical conduct in connection with the impermissible-benefits scandal involving the Reggie Bush scandal. The Reggie Bush scandal, also known as the Bush/O.J. Mayo scandal, arose …

May 25, 2018 NFL / Sports Betting

NFL Issues Statement on Regulation of Sports Gambling

On Monday, May 14, 2018, the Supreme Court struck down a federal law that prohibited states from authorizing gambling on sports. The ruling opened the door for states to legalize and regulate the gambling industry within their borders. However, the ruling also leaves open the possibility that Congress will act to set national standards in the regulation of sports gambling. Indeed, shortly after the ruling was handed down, Sen. Orrin Hatch (Utah) said that he will introduce legislation to regulate sports gambling on a federal …

May 24, 2018 NCAA

Putative Class Action against NCAA and Universities Dismissed for Untimeliness

On May 17, 2018, a federal judge dismissed a putative class’ wage suit against the National Collegiate Athletic Association (NCAA) and several universities for failing to file within the two-year period required under the statute of limitations. Lawrence “Poppy” Livers, a former Villanova University football player, brought a claim in September 2017, asserting that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Specifically, Livers contended that he and other college athletes with scholarships should …

May 24, 2018 NFL

NFL Issues New Anthem Rules

On May 23, 2018, all 32 NFL team owners voted to approve a policy statement that would require players to stand during, and show respect for, the national anthem. However, if a player did not want to stand for the national anthem, then he must remain in the locker room. If a player decides to protest the national anthem by kneeling, or disrespecting the anthem or the flag in any way, then the team, not the player, will be fined. According to NFL Commissioner Roger …

May 23, 2018 Litigation / NCAA

Update: Foul Ball Leads to Lawsuit Against College and NCAA

On February 14, 2018, former Division II college baseball player Joseph Gutowski filed suit against West Chester University of Pennsylvania and the NCAA after injuries he sustained during a game in 2016.

In his complaint, Gutowski alleges that a foul ball hit him directly in the head during a home game in April 2016, while he was seated on the players’ bench in the dugout. Claiming permanent injuries, he is now seeking damages for breach of contract, negligence, unjust enrichment, and negligent infliction of …

May 23, 2018 NCAA

NCAA’s Response to Legal Gambling: Rule Changes and Support for Federal Regulation

In response to the May 14, 2018 Supreme Court ruling which opened the door for states to legalize sports gambling, the National Collegiate Athletic Association (NCAA) released a statement outlining its reaction to the decision. The statement is headlined with support for federal regulation of the sports gambling industry as a “necessary safeguard to the integrity of college sports.” In addition, the NCAA Board of Governors has temporarily suspended its rule prohibiting championship events from being held in states that offer legal sports betting in …

May 22, 2018 Baseball

Misrepresentation of Baseball Bat Weight Sparks Class Action Suit

Easton Baseball / Softball, Inc. is a top manufacturer of baseball and softball products, has been subjected to a class action suit filed in United States District Court for the Central District of California. After discovering that the baseball bat he purchased for his son was heavier than advertised, plaintiff Ricky Wisdom is seeking to stop the sale of incorrectly weighted bats and recover damages for consumers paying a premium for Easton’s products.

Easton has acquired a strong reputation in the sporting goods industry for …

May 21, 2018 General

Under Armour Sued in Latest Data Breach Case

In April 2018, Rebecca Murray filed a putative class action suit against Under Armour relating to the March 2018 data breach of Under Armour’s MyFitnessPal nutrition and fitness app. On Tuesday, May 15, 2018 Under Armour filed a notice of removal transferring the case to federal court in the Central District of California Murray v. Under Armour, 2:18-CV-04032.

The case arises from a data breach which Under Armour announced in late March 2018. Under Armour said that the breach affected an estimated $150 …

May 18, 2018 Litigation / NFL

New York Giants and Quarterback Eli Manning Settle Memorabilia Fraud Lawsuit

New Jersey sports memorabilia dealer, Eric Inselberg, had established himself as a committed collector of New York Giants football mementos. He acquired countless items and donated more than $1 million worth of collectables to the team museum. However, his relationship with the team soured in the years leading up to a 2014 lawsuit between himself, the Giants, and Eli Manning. Days before the case was set to hit trial, an agreement was reached to settle the dispute arising out of the sale of Eli Manning …

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