If It’s In the Game …

This past week, the Third Circuit Court of Appeals’ decision in the case Ryan Hart v. Electronic Arts, Inc., Index No. 11-3750, paved the way for a showdown that could fundamentally change the way the National Collegiate Athletic Association (NCAA) goes about its business. In the case, Hart alleged that Electronic Arts (EA) had violated his right of publicity under New Jersey law by including his “likeness” in its video games NCAA Football 2004, 2005, and 2006. EA had previously won a motion …

March 19, 2013 NFL

Athletes Awarded Millions from California’s Workers Compensation System

All states allow athletes to be awarded workers’ compensation benefits for injuries sustained during their playing days. However, California has emerged as a favorite jurisdiction for two reasons. First, California is one of the few states that allow athletes to claim injuries for the cumulative effect of injuries over time, or what some jurisdictions would call either an “occupational disease” or “cumulative injury.” Second, California has extremely lax personal jurisdiction requirements.

Ordinarily, a claimant in a workers’ compensation claim would need to establish residency or …