There has been extensive fallout of the Houston Astros cheating scandal in baseball. From suspensions to fines to taking away draft picks, the MLB has internally disciplined the Astros. However, there has been speculation as to the potential legal consequences of the cheating scandal. On January 23, 2020, one such legal consequence became apparent when five fantasy baseball players filed a class action lawsuit in the United States District Court, Southern District of New York against the MLB, the Astros, and the Boston Red Sox. …Continue Reading
Tag: class action
Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules
A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.
DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …Continue Reading
Federal Judge Dismisses Two Ex-NHL Players’ Concussion Lawsuits
A Minnesota federal judge has dismissed a lawsuit against the NHL by two former players, finding that the court lacks jurisdiction over the suit.
U.S. District Judge Susan Richard Nelson dismissed two lawsuits, filed by Andre Deveaux and Todd Harvey, without prejudice. Judge Nelson reasoned that the players lacked a connection to Minnesota for jurisdiction. Deveaux and Harvey never played for a Minnesota hockey team, nor did they present enough evidence linking them to the state.
As we previously reported, Judge Nelson oversaw a …Continue Reading
Judge Recuses Himself from TCPA Lawsuit Against Tampa Bay Rays
After consulting with an ethics opinion, Florida U.S. Magistrate Judge Anthony E. Porcelli recused himself from a proposed class action lawsuit, which accuses the MLB’s Tampa Bay Rays of violating the Telephone Consumer Protection Act (TCPA) by sending spam text messages.
According to the order, Judge Porcelli stated that he “. . . find[s] it appropriate to recuse myself from these proceedings, as my impartiality might be reasonably questioned.” Specifically, Judge Porcelli admittedly communicated with several members of the Rays organization when he was …Continue Reading
NFL Insurers Seek to Avoid Reimbursing the NFL for Concussion Settlement Due to Missing Discovery
Insurers for the National Football League (NFL) petitioned a New York state court judge on June 14, 2019, demanding “underlying documents” from the NFL’s litigation and settlement in the class-action lawsuit involving over 1,000 former professional football players and their families regarding concussions and chronic brain trauma. The insurers are seeking to escape reimbursing the NFL, which could prompt further litigation. In oral arguments, a coalition of 28 insurers claimed that the NFL did not produce adequate discovery during litigation after its concussion settlement …Continue Reading
In Pursuit of Class Certification against EA, Retired NFL Players Cite Bette Midler
The retired NFL players suing Electronic Arts Inc. (EA) are citing an unexpected figure in their continued efforts to gain class certification: singer Bette Midler.
The athletes’ action against EA began in 2010, over the company using their likeness in the video games, arguing that, while EA pays the NFL players union when featuring the names and likeness of current players, EA failed to compensate retired players in the same fashion. A federal judge recently ruled against the athletes, refusing to certify their case as …Continue Reading
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 …Continue Reading
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 …Continue Reading
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 …Continue Reading