September 17, 2019 Baseball / Litigation / MLB

Cubs ADA Lawsuit Narrowed but Can Continue, Judge Rules

A lawsuit against the Chicago Cubs for failing to comply with the Americans with Disabilities Act (ADA) will be allowed to continue, a federal judge ruled.

In December 2017, David Cerda filed a lawsuit alleging that the Cubs violated the ADA by failing to provide enough seating for wheelchair users at Wrigley Field. Cerda, who has Duchenne muscular dystrophy and needs a wheelchair for mobility, claimed that the ADA requires the Cubs to offer 217 accessible seats and that the Cubs only offered 42 …

August 22, 2018 Advertising / Baseball / Contract

Cubs Fan Files Copyright Suit against the Team over Souvenir Design

On Friday, August 17^th, a retired Michigan advertiser filed suit against the Chicago Cubs, alleging that the Cubs stole his design for 1984 souvenirs and reused the design for 2017 souvenirs without his permission or compensation.

Dan Fox was a Chicago advertising executive in 1984, when he contracted with the Cubs to create a souvenir for the team’s divisional championship: a clear acrylic block encasing an ivy leaf from Wrigley Field’s outfield wall. In the original license agreement, the Cubs’ acknowledged Fox as …

June 1, 2018 Baseball

Chicago Cubs Have to Produce Original Emails in Former Scout’s Lawsuits

On October 18, 2017, a former professional baseball scout with the Chicago Cubs Baseball Club, Dennis Henderson, sued the Cubs for violating the California Labor Code, California Family Rights Act, and for discriminating against him on the basis of his age and disability. Henderson is over 40-years-old and had hip surgery while employed with the Cubs. While Henderson worked for the Cubs, he was responsible for scouting three professional baseball organizations; however, according to the Cubs summary judgment motion, scouts who were performing well …

March 13, 2018 Litigation / MLB

Cubs Dropped From Foul Ball Suit, If Only Temporarily

As we previously reported, a Cubs fan was struck in the face by a foul ball during an August 2017 game at Wrigley Field, where he brought his children to watch from the first base line. The injury left John “Jay” Loos blind in one eye and his other eye vulnerable to the same. He filed suit against both the MLB and the Cubs in October, alleging negligence by both parties, specifically, for failing to install a net which would have otherwise shielded him …

December 21, 2017 Baseball / Litigation / MLB

MLB, Chicago Cubs Ask Judge to Toss Fan’s Foul Ball Blindness Suit

The Chicago Cubs and Major League Baseball moved to dismiss a negligence suit on December 15, 2017 before a Cook County Circuit Court, arguing that the Illinois Baseball Facility Liability Act bars the plaintiff’s claims.

John “Jay” Loos sued the Cubs and MLB in October, claiming they were negligent for failing to install enough netting behind home plate. Loos claimed the foul ball hit by a Pittsburgh Pirates player on August 29 at Chicago’s Wrigley Field not only left him blind in one eye, but …

June 30, 2017 Litigation

Seventh Circuit: Season Tickets are a Privilege, Not a Right

On June 22, 2017, a three-judge Seventh Circuit panel ruled Indianapolis Colts’ season ticket holders do not have a right to roll their seats over from one year to the next. This upholds a U.S. District Court ruling from November 2016.

This suit was brought by Yehuda Frager, a Pennsylvania-based ticket broker, last March. Frager alleged the Colts refused to renew his 94 sets of season’s tickets, which he paid over $75,000 for. It is alleged the Colts redistributed the tickets to a local …

May 26, 2017 MLB

Seventh Circuit Hears Arguments from Rooftop Owners over Cubs Blocking Stadium Sight Lines

The ongoing legal battle between the Chicago Cubs and the owners of the iconic rooftops near Wrigley Field entered extra innings on Tuesday, May 23, 2017. The two teams fielded their heavy hitters for arguments in front of the Seventh Circuit over whether the Cubs broke a contractual duty in blocking the stadium sight lines from the rooftops. In 2004, both sides agreed to a 20-year contract in which the Cubs would not block for obstruct the views from the roofs and each rooftop owner …

November 16, 2016 Litigation / MLB

No Extra Innings: Cubs, MLB Reach Settlement With Apparel Vendors

On November 9, 2016, Major League Baseball and the Chicago Cubs reached a settlement with the 84 vendors accused of selling counterfeit MLB merchandise. In the motion, the Cubs declared that it had entered into a confidential settlement with the vendors and requested that the court issue a permanent injunction, preventing them from selling the merchandise in the future.

Due to the great success the Cubs experienced this season, a large number of fake apparel vendors began selling products with symbols resembling MLB marks, leading…

September 28, 2016 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 …

July 29, 2016 Fraud / MLB

Defrauding Chicago’s Legendary Team

The jury needed less than five hours to decide whether a rooftop owner defrauded the Chicago Cubs. On July 22, 2016, a jury convicted Marc Hamid of fraud and illegal bank structuring. Hamid had once been co-owner of Skybox on Sheffield, a rooftop that charges clients to drink, eat, and watch Chicago Cubs games from outside the field. Additionally, Hamid owned two ticket brokerage companies, JustGreatTickets.com and Just Great Seats. Following his indictment in March, Hamid was terminated and relieved of his duties and involvement …