December 8, 2017 Concussions / Litigation / NFL

Ruling on Field Stands for Changes to Claims Process in NFL Concussion Settlement

A Pennsylvania federal judge upheld the approval of a claims administrator’s changes in the way a multidistrict NFL concussion settlement was implemented. The 16 retired players who filed the motion for reconsideration argued that the court should review its Nov. 2 decision that they cannot interfere with the claims process. The former players again argued the requirements for qualifying for a monetary reward were altered from the original settlement agreement. The court denied the motion Tuesday, Dec. 5, 2017 without a memorandum.

The retired players …

June 13, 2017 Litigation

Wilson Hopes Class Action Suit Will be a Swing and a Miss

On Wednesday, June 7, 2017, Wilson Sporting Goods Co. asked an Illinois Federal Court to dismiss a putative class action suit involving their DeMarini youth baseball bats. The original suit was filed in April by parent Theodore Sheeley. Sheeley purchased a DeMarini youth baseball bat for his son who plays in leagues and tournaments in which all bats must follow USSSA standards. The DeMarini bat Sheeley purchased included the all-important silver sticker, which is reserved for bats that meet all USSSA regulations. Sheeley argues that …

November 28, 2016 Litigation / MLB

Plaintiffs Strike Out in Suit Seeking to Extend MLB Stadium Safety Netting

Plaintiffs’ hopes of extending the foul ball safety net further down the first- and third-base lines at all 30 Major League Baseball stadiums were dashed recently when a California U.S. District Court dismissed the lawsuit for lack of standing. The plaintiffs’, Oakland Athletics fan Gail Payne and Los Angeles Dodgers fan Stephanie Smith, claim that the extension of the safety net was required to protect fans from injuries caused by foul balls and broken bats, but U.S. District Judge Yvonne Gonzalez Rogers found the …

September 29, 2016 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 …

August 20, 2016 Litigation / MLB

Can a Baseball Fan Argue Fear is Sufficient Injury in Class Action?

On July 11, 2013, Gail Payne filed a class-action lawsuit against Major League Baseball (MLB) in the Federal District Court in Northern California. Payne claimed the MLB did not do enough to “protect fans from fast-moving balls and splintered bats.” Payne and the class members were seeking injunctive relief: to create better protections to MLB fans by adding more netting to stop foul balls and broken bats along the first and third-base lines.

The lawsuit referenced a study by Bloomberg News in 2014, which reported …

July 14, 2016 Litigation / NCAA

NCAA Class Action Battling Over Discovery

The NCAA is clashing further with the class members of the “grant-in-aid” class action over the production of documents during discovery. The NCAA student athlete scholarship class action lawsuits were consolidated to the California federal court in a multidistrict litigation. According to the complaint, the NCAA conferences (NCAA, Pac-12, Big Ten, Big 12, SEC, and ACC) “colluded” to offer scholarship to student athletes which are insufficient to pay the full costs of attending college. The student athletes claim this violates federal antitrust laws.

In March, …

April 29, 2016 Antitrust / Litigation / MLB

Judge Gives Final Approval of $200 Million MLB Settlement

On April 25, 2016, U.S. District Judge Shira Scheindlin gave her final approval of the settlement resolving the antitrust claims against MLB. The settlement, which is worth $200 million, lowers the price MLB fans pay to watch games online.

The suit began in 2012 when fans brought a class action lawsuit against MLB claiming its territorial blackout policies and policy to sell only league wide game packages violated antitrust laws. The fans complained that the policies prevented them from buying access to watch only the …

February 5, 2016 Litigation / MLB

Judge Rules Baseball Game Reports Must be Turned Over

On Friday, January 29, 2016, California District Judge Joseph Spero ordered Major League Baseball to disclose game reports in minor leaguers’ proposed class action suit. The players have alleged that the MLB conspired with its 30 member teams to suppress the wages they earned. The players sought access to the game reports to show the MLB did not keep formal time records of when they worked. In response, the league argued the game reports would not be able to prove anything and therefore had no …

January 28, 2016 Concussions / Litigation / NCAA

NCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications

On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect.

The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes …

December 16, 2015 MLB

MLB Commissioner Encouraging Ballparks to Extend Netting Amid Class Action

On Wednesday, December 9, 2015, Major League Baseball (MLB) Commissioner Rob Manfred recommended all 30 MLB teams extend safety netting behind home plate to the end of each dugout. Currently, there is a class action lawsuit pending in a California federal court seeking to force the MLB to extend the safety netting from foul pole to foul pole.

The MLB was hit with the lawsuit in July by season-ticket holder Gail Payne on behalf of all season ticket holders in currently unprotected areas of MLB …