LATEST INSIGHTS

Legislation / NBA / NCAA

North Carolina’s Bathroom Law is Changing the Fate of Sporting Events

In March, the North Carolina Legislature took a debatable position on modern gender controversies and passed a law that invalidated an anti-discrimination ordinance. The ordinance was intended to protect gay, lesbian, bisexual, and transgender individuals; however, the North Carolina Legislature prevented these protections from ever being enforced.

North Carolina’s law, which has become known as the “bathroom law,” requires that individuals use public bathrooms that match the gender stated on their birth certificates.

Since its creation, the bathroom law has created quite the uproar in …

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Concussions / Litigation

Getting Tossed Around: Second Circuit Dismisses Premature Appeal in WWE Concussion Lawsuit

On September 27, 2016, the Second Circuit dismissed a former WWE wrestler’s appeal, reasoning that the appeal needed to wait until he and the other wrestlers suing the WWE handle their claims in district court. The attempted appeal arose out of a lawsuit against the WWE for allegedly hiding the risks of traumatic brain injuries.

Back in May, William Albert Haynes III told the Second Circuit that he had the right to appeal the district court’s dismissal of his claims. Haynes argued that a …

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Fantasy Sports

DraftKings Sued by Fantasy Sports Cable Network

DraftKings has gotten a lot of negative attention in the past year, and its luck doesn’t seem to be changing. On September 23, 2016, Anthem Sports & Entertainment Corp sued DraftKings in a New York court for failing to pay over $4 million in a television programming deal.

In August 2015, Anthem Sports, as the owner of the fantasy sports cable network Fantasy Sports Network, Inc., claimed it made a television programming deal in which DraftKings agreed to pay Anthem $4.5 million to produce daily …

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Litigation / NHL

Dispute Over NHL Player’s 20-Game Suspension Continues

The dispute over defenseman Dennis Wideman’s 20-game suspension for knocking a referee to the ice after being body slammed into the boards has created many questions in the NHL. Initially, there was an issue over whether players should be liable for conduct that occurs immediately after a head injury. The NHL seemingly thought this issue was resolved when the NHL Commissioner enforced the 20-game suspension against Wideman; however, that was not the end.

The NHL Players’ Association and Wideman appealed the suspension to a neutral …

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Litigation / NFL

NFL and Hall of Fame Improperly Try to Settle Lawsuit

The NFL and Pro Football Hall of Fame are not getting off easy in the class action lawsuit brought against them for abruptly cancelling the Hall of Fame Game in early August. Ticket holders initially brought suit in Ohio when the NFL and Hall of Fame knew the preseason Hall of Fame Game between the Green Bay Packers and Indianapolis Colts would not be played, but yet “allowed and encouraged fans to continue to purchase food, beverages, and souvenirs at the stadium as they waited …

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Intellectual Property, Copyright, and Trademark / Litigation / NFL

One of These Things is Not Like The Other: Electronic Arts and Retired NFL Players Argue Over Class Certification in Likeness Suit

On September 22, 2016, Electronic Arts and retired NFL players who claim that “Madden NFL” uses their likeness without permission argued over class certification in a California federal court. At the hearing, the parties debated whether publicity is a property right and the feasibility of ascertaining thousands of players’ avatars.

The players’ attorney, Brian Douglas Henri, stated that suit was properly brought under California state law, reasoning that EA’s headquarters are in the Bay Area. Judge Richard Seeborg questioned why state law should apply when …

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Intellectual Property, Copyright, and Trademark / Litigation / MLB

Is Selling Cubs Merchandise a Crime?

Stealing bases may be a routine part of baseball, but the Chicago Cubs have made it clear that street vendors stealing merchandise have no part in America’s pastime. On September 22, 2016, Major League Baseball and the Chicago Cubs sued vendors for selling counterfeit merchandise on the streets outside of Wrigley Field.

This has been an uplifting season for the Cubs as they are in first place, standing as the top team in all of Major League Baseball. The club’s claim that vendors are “deliberately …

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Litigation / NFL

Rams Must Compensate Fans for St. Louis Personal Seat Licenses

On September 21, 2016, U.S. District Judge Stephen N. Limbaugh Jr. ruled that the Los Angeles Rams must compensate some St. Louis Rams personal seat license holders with either a refund or new season tickets. Three different parties have sued the Rams regarding the more than 46,000 people who bought PSLs prior to the team’s departure in January, but in July, the lawsuits were consolidated into one case, although they differ in the type of damages being sought.

The suit itself is quite convoluted, as …

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Litigation

Minor League Pitcher Claims Mislabeled Medical Image Hurt His Draft Stock

On September 19, 2016, a St. Louis Cardinals minor league pitcher filed suit, claiming that due to an error made by a Houston hospital, his draft stock suffered. The pitcher, Pablo Salazar III, originally had been projected as a third-to-eighth round draft pick in 2015; however, he was not actually drafted until the eleventh, a drop that he attributes to the hospital’s error.

Three years prior to the 2015 draft, he had an arthroscopic procedure done on his elbow. Salazar’s claim is that the …

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Concussions / NFL

Scrupulous Scrutinization: GOP Seeks Thorough Review Regarding NFL Grant Controversy

On September 15, 2016, a group of Republicans from the U.S. House Energy and Commerce Committee sent a letter to the Department of Health and Human Services’ inspector general, imploring that a “thorough and objective review” from the National Institute of Health is needed into whether the integrity of the process for awarding research grants is being upheld.

This letter comes after the NFL was accused of attempting to improperly influence the funding of a scientific study on the degenerative brain condition known as CTE. …

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