Recent Poll: Half of Americans Don’t Want Their Son to Play Football

Despite football’s popularity as a spectator sport, according to a recent Bloomberg Poll, half of American’s don’t want their son’s playing the game. Those statistics are even gloomier among the educated; sixty-two percent of college-educated survey respondents said they wouldn’t want their son to play.

Many suggest this decline is attributable to the attention on the negative health impacts of the sport. Concussions have been a large stumbling block for the NFL. A vast number of former players have alleged they suffer long-term effects …

August 31, 2014 Contract / NFL

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system.

In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002.

When Saleh was traded to the Browns, …

August 6, 2014 Concussions

Riddell Attempts to Rid Self of Consumer Concussion Suit

On Friday, August 1, Riddell and other football helmet producers filed a motion to dismiss in the District of New Jersey, in an attempt to end a consumer concussion class-action suit waged against them. This suit is just one of many attacking Riddell’s marketing of its “Revolution” line of football helmets.

Riddell filed its motion, seeking to dismiss the complaint as it fails to state a claim and lacks the statutorily required specificity for this type of action. They argue that the complaint is missing …

May 21, 2014 NFL

NFL Hurting From New Suit by Former Players Over Painkillers

The NFL’s litigation woes continue. On May 20, 2014, the league was hit with a lawsuit brought by a group of retired former players claiming that the NFL illegally supplied them with narcotics and other painkillers to mask their injuries and keep them on the playing field, intentionally ignoring the risks these drugs had on the players’ long-term health. The filing insists that the actions by team doctors and trainers were illegal because team medical personnel never obtained prescriptions, failed to keep drug records, and …

April 30, 2014 NCAA

To Unionize, or Not to Unionize? Northwestern Football Players Cast Historic Vote Following Controversial NLRB Ruling

On April 25, Northwestern University’s scholarship football players voted on whether to form the first union for college athletes. This came on the heels of a National Labor Relations Board (NLRB) ruling that the university’s scholarship football players were employees, and that they (as workers) had the right to form a union and were entitled to workers’ compensation benefits. The NLRB agreed with the players on almost every point made at last month’s hearing, including acknowledging that athletes spend well in excess of the weekly …

April 18, 2014 Antitrust / NFL

NFL Sacked Again in American Needle Case – May Head to Trial in Antitrust Dispute

In 2010, the Supreme Court declared that the National Football League’s practice of league-wide licensing deals was not immune from antitrust scrutiny under Section One of the Sherman Act. On remand, a recent order by the U.S. District Court for the Northern District of Illinois denied the NFL’s motion to dismiss the case and set the stage for a trial.

The American Needle company, an entity that had acted as a vendor for the NFL for 20 years, initially sued the league, 30 of its …

April 17, 2014 Rights / Trademark

Merriman Lawsuit May Be “Lights Out” for Nike

Former NFL linebacker Shawne Merriman is suing apparel giant Nike. Merriman’s company, Lights Out Holdings LLC, filed suit in California claiming that Nike infringed his trademark in “Lights Out” after Nikeintroduced a “Lights Out” line of merchandise. Merriman earned the “Lights Out” nickname in high school when he knocked out four opposing players in one game. Merriam secured a federal trademark in “Lights Out.” It has been used in several off-field ventures and is largely associated with Merriman’s persona.

According to the suit, although Nike …

April 16, 2014 NFL

Snyder’s Last Stand

The Washington Redskins, the Cleveland Indians, the Chicago Blackhawks, and the Kansas City Chiefs play different sports in different cities, but collectively, they share many things. Each team is beloved in their respective city by fans, young and old. Each team has a rich history and tradition. And each team is the proud owner of a trademark that could be construed as disparaging toward Native Americans, playing on stereotypical notions or imagery to sell merchandise to the public at large. A lot has been said …

April 14, 2014 Labor & Employment / NCAA

Northwestern Football Players Encouraged to Just Say No to Union

Last month the Chicago office of the National Labor Relations Board (“NLRB”) issued a ruling stating that athletes at private universities are employees of their respective schools and have the right to unionize. Now, with Northwestern’s players scheduled to vote on unionization on April 25, Pat Fitzgerald, the school’s football coach, is urging his players to vote against the measure.

The players leading the unionization effort are hoping to secure things such as better medical coverage, four-year scholarships, and even the possibility of being paid. …

February 20, 2014 NFL

Updated: The Wells Report Could Mean Big Changes in NFL Workplace Policies; Two Fins Coaches Fired

On February 14th, attorney Ted Wells of Paul, Weiss, Rifkind, Wharton & Garrison, LLP issued a 144-page report (commonly referred to as the Wells report) to the National Football League concerning the alleged harassment of Miami Dolphins offensive tackle Jonathan Martin. On October 28, 2013, Martin abruptly walked off the team after a lunch room joke, which he says was the final straw after enduring nearly a year of harassment from his teammates. Martin checked himself into a hospital for mental health help.

Amidst bullying …