Parents Respond to Pop Warner’s Attempt to Exit CTE Suit

On December 2, 2019, Kimberly Archie and Jo Cornell (plaintiffs) filed their response in opposition to Pop Warner’s motion for summary judgment. Archie’s son, Paul, and Cornell’s son, Tyler, participated in Pop Warner Youth Football between the late 1990s and early 2000s. Both young men passed away in 2014. In an evaluation from Boston University, it was revealed that the young men suffered from Chronic Traumatic Encephalopathy (CTE). In 2016, the plaintiffs filed suit in the U.S. District Court for the Central District of California,…
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One More Time: New Lawsuit Argues NCAA Must Pay Athletes Minimum Wage

Trey Johnson, a former defensive back for Villanova University, has sued the NCAA, arguing that the organization has violated federal labor law and that it must pay student-athletes a minimum wage. In his lawsuit, Johnson argues that student-athletes clearly constitute employees under the Fair Labor Standards Act (FLSA). Specifically, he notes that college students in work-study programs are classified as employees, meaning that they are subject to minimum wage laws. Meanwhile, student-athletes, who work longer schedules and create the need for some of these work-study…
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Game On: FaZe Clan’s $20 Million Lawsuit Against eSports Gamer Will Continue

A federal judge will allow a $20 million contract lawsuit filed by FaZe Clan Inc. against a popular eSports star to proceed. In May 2019, Fortnite player and social media celebrity, Turner Tenney, known to fans as “Tfue,” sued FaZe Clan, a popular eSports organization, in California state court. Tenney alleged that FaZe lured him and other gamers into “grossly oppressive, onerous and one-sided” contracts, allowing FaZe to make millions while Tenney earned a mere $60,000. He also filed a complaint with the California Labor…
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Inglewood Scores Big with Legal Victory in Clippers Arena Lawsuit

A California judge handed the city of Inglewood a win by ruling against a group of local residents who sought to block the city from selling public land for a $1.2 billion arena for the NBA’s Los Angeles Clippers. The city of Inglewood accepted $1.5 million for an exclusive negotiation agreement with Murphy’s Bowl LLC, the developer of the proposed arena. The arena is located at a site near Los Angeles International Airport and the land was acquired by the city so that residents would…
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Youth Football Concussion Suit, Pop Warner Seeks to Exit

Pop Warner Little Scholars, Inc. submitted a motion for summary judgment to U.S. District Court Judge Phillip S. Gutierrez for the Central District of California on October 25, 2019. Pop Warner is a named defendant in a lawsuit alleging the organization knew of, and hid, the safety risks associated with youth football. The youth football organization is asserting the plaintiffs’ lack of evidence to show it was aware of the alleged health risks until years later. According to the complaint filed September 1, 2016, Paul…
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NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation. Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move…
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California First State to Pay Student-Athletes

On September 30, 2019, California Gov. Gavin Newsom signed the Fair Pay to Play Act. Groundbreaking legislation and the first of its kind, this act will allow California student-athletes to earn compensation through endorsements or sponsorships. As we have continued to report, the legislation – now law – comes on the heels of the heated debate across the country on whether student-athletes should be compensated for their services. California is now the first state in the country to allow student-athletes at the 58 member…
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Amended California Student-Athlete Bill Nabs Endorsement of LeBron James

A recent bill introduced to give student-athletes the right to earn compensation has garnered star support. The bill, SB-206, was recently endorsed by Los Angeles Lakers star LeBron James. The superstar took to Twitter to voice his support for the recently amended bill that would allow students to receive compensation for the use of their names, images, and likenesses. “Everyone is [sic] California – call your politicians and tell them to support SB 206! This law is a GAME CHANGER. College athletes can responsibly…
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FTC Seeks Injunction on FanDuel and DraftKings Merger

The Federal Trade Commission (FTC) and the attorney generals for California and the District of Columbia will file a complaint to prevent the merger of FanDuel and DraftKings while the FTC is reviewing the merger process. FanDuel and DraftKings make up 95 percent of the daily fantasy sports market. The FTC argues the merger would “deprive customers of the substantial benefits of direct competition.” The companies announced the merger in November 2016, in large part to cut their legal bills. At the time, the…
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Are EA’s Visual Representations in Madden Generic Enough to Avoid Liability in Publicity Claim?

In 2010 Michael Davis and other former NFL players filed suit in California, alleging that video game maker Electronic Arts (EA) violated their rights of publicity when it used famous teams from the past in Madden games from 2001 until 2009. In their complaint, the retired players argued that while EA obtained permission from current players to use their names and likeness, the company failed to do so with the retired players. While the former players did not allege that their names actually appeared in…
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