February 17, 2014 Labor & Employment / NFL

Bengals Cheerleaders File Class Action Against Team Over Compensation

On February 11, 2014, Cincinnati Bengals cheerleader Alexa Brenneman filed a class-action lawsuit against the team, accusing the organization of failing to pay their cheerleaders minimum wage. Brenneman’s suit claims that she was paid only $855 for her work during the 2013 football season, yet worked over 300 hours – meaning that she was making roughly $2.85 per hour. The minimum wage in Ohio is $7.85 per hour.

The Oakland Raiders were recently hit with a similar suit; Raiders’ cheerleaders filed an action in January …

February 5, 2014 Concussions

Junior Seau’s Family Displeased with Proposed Settlement in NFL Concussion Case

Fighting recently broke out amongst plaintiff’s attorneys attempting to settle the massive multi-district concussion litigation against the NFL after the presiding judge, U.S. District Judge Anita Brody, nixed a $760 million dollar settlement deal proposal. Judge Brody’s concerns were that the lump sum would be inadequate to fund what could potentially involve 20,000 claims by a variety of NFL alumni over a period of 65 years. Now, the family of the deceased NFL star Junior Seau is voicing their own objections to the proposed deal.…

February 4, 2014 Intellectual Property, Copyright, and Trademark

They Just Wanted to do the ‘Super Bowl Shuffle,’ but now Former Bears are Heading to Court, Looking for Trouble…

On January 31, six members of the 1985 Super Bowl Champion Chicago Bears filed a lawsuit to prevent current license holders Julia Meyer and the Renaissance Marketing Corporation from using the “Super Bowl Shuffle” music video for personal financial gain. The video, which was created by the team three months prior to the Bears’ victory in Super Bowl XX, was an instant success, earning a gold record, a platinum video award, and even a Grammy nomination.

The ex-Chicago bears who brought the suit –Richard Dent, …

January 31, 2014 Concussions

Former Lions Running Back Latest to Sue NFL Over Concussions

Jahvid Best was a first-round draft pick for the Detroit Lions in 2010. Only three years later, the team released Best due to health complications the running back suffered as a result of incurring multiple concussions on the playing field. Best is now the latest NFL alum to join a long list of others in suing the league for intentionally downplaying the long-term risks of concussions and their role in later-life cognitive decline.

Best’s suit names the NFL, as well as helmet-manufacturers Riddell and Easton-Bell …

January 30, 2014 Concussions

Delay of Game: Slow Progress on Settlement in NFL Concussion Litigation

By late last year the giant NFL concussion lawsuit – a case where several thousand former NFL players are suing the league for intentionally downplaying the risks of concussions and related head injuries – looked to be drawing to an early end. Now, one week after U.S. District Judge Anita Brody rejected a motion for preliminary approval of a proposed $765 million settlement to end the ongoing multi-district concussion litigation against the NFL, renewed settlement talks amongst attorneys for the 4,500+ NFL alumni are becoming …

January 29, 2014 Intellectual Property, Copyright, and Trademark

Judge Nixes Jury Verdict in EA Sports ‘Madden’ Infringement Case

On January 22, 2014, U.S. District Judge Charles Breyer overturned a multi-million dollar jury award against EA sports in a copyright infringement case. The underlying action was originally brought against the video game giant by Robin Antonick, a programmer who was initially given credit and royalties for creating the first edition of ‘Madden Football’ in 1988. Antonick alleged that subsequent versions of the game were created using his own source code, violating copyright infringement laws and entitling him to compensation. A federal jury agreed with …

January 28, 2014 Concussions

Family of Deceased High School Football Player Files Suit Against School

Late last fall, sixteen year old Damon W. James staggered to the sidelines and collapsed during a Westfield/Brocton high school football game. Three days later, Damon died at Women & Children’s Hospital in Buffalo, New York. It was initially reported that Damon suffered from a traumatic head injury caused by a helmet-to-helmet collision. However, it is now believed that several football-related head injuries incurred earlier in the season made Damon particularly susceptible to the fatal blow.

Damon’s mother and father have filed a notice of …

January 27, 2014 Concussions

Missouri Law Could Spell Trouble for NFL’s Chiefs in New Concussion Lawsuit

The NFL and over 4,500 former players are currently attempting to negotiate a settlement in the massive multi-district concussion litigation against the league. In brief, the plaintiffs’ accuse the NFL of intentionally downplaying and concealing the risks of concussions and the role of head injuries in later-life cognitive decline. Negotiations to resolve the matter recently resumed after U.S. District Judge Anita Brody rejected a proposed $765 million settlement deal that had been reached by the parties. Judge Brody strongly believed that this amount would be …

January 21, 2014 Concussions

Flag on the Play – District Court Judge Rejects NFL Concussion Settlement Plan

Last fall the NFL and 4,500 ex-NFL players reached a proposed settlement deal of $765 million to end the ongoing multi-district concussion litigation. In the underlying case, the NFL alumni accused the league of intentionally downplaying the risks of concussions and their correlation to later-life cognitive decline. In addition to the $765 million sum, the NFL was slated to pay out $112 million in additional funds in plaintiffs’ attorney fees.

However, on January 14, 2014, Judge Anita Brody for the Eastern District of Pennsylvania officially …

January 7, 2014 Litigation / NFL

Fan Brings Class Action Suit Against NFL Over Super Bowl Ticket Price

NFL fans know they are going to have to shell out big bucks if they want to go to the Super Bowl. At the time this was written, tickets were priced at a minimum of $2,500 on ticket resale websites. Despite getting a “deal” and only paying $2,000 a piece for his tickets, Josh Finkelman filed a class action lawsuit against the NFL in a New Jersey federal court on January 6th, 2014.

Finkelman alleges the NFL violated New Jersey’s Consumer Fraud Act by limiting …