Eagles Soar Away from Liability, Appeals Court Reverses $700K Judgment

On October 11, 2019, the Superior Court of Pennsylvania reversed the trial court’s $700,000 award to Dallas Cowboys fan Patrick Pearson. Pearson, who was assaulted at Lincoln Financial Field, alleged that the Philadelphia Eagles were negligent in providing security during the December 14, 2014 matchup between the Eagles and Cowboys. The Superior Court ruled that the Eagles could not have foreseen or anticipated that a fight would occur in a bathroom at the stadium. At the time of the alleged fight admitted at trial, Pearson…
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Three Former UCLA Football Players Sue for Injuries

Three former UCLA football players are suing the school for injuries they suffered while playing under head coach Jim Mora. John Lopez, Poasi Moala, and Zach Bateman are seeking in excess of $15 million in damages from the mishandling of their injuries. All three lawsuits, filed June 5, 2019 in Los Angeles Superior Court, name Mora, former offensive line coach Adrian Klemm, associate trainer Anthony Venute, and the university in their suit. Lopez and Moala each name the NCAA in their suit as well. The…
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Sports Litigation Case Law Update March 2015 Part 1 of 2

In this month’s sports litigation case law update, we travel to a soccer stadium in Texas, a softball field in Illinois, a hockey locker room in upstate New York, and then back to Texas to a youth baseball field.  We start, however, with the best sports-related quote in a judicial opinion this past month, which comes from the Court of Appeals of North Carolina which stated “we conclude that the purported conflict described in [defendant’s counsel’s] motion to disqualify looks less like a conflict of…
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Punches After the Bell

No “Silva” Lining for Diaz as Both Fail Drug Tests: The return of UFC mainstay Anderson (The Spider) Silva took an unfortunate turn following his January 31, 2015 decision victory over Nick Diaz when it was revealed that he tested positive for Drostanolone and Androstane metabolites in a pre-fight drug test.  Unfortunately for Diaz, the positive test will likely be of little benefit to him, as he himself tested positive for marijuana following a post-fight examination.  The double positive, following an exceptionally high profile…
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Thumb’s Down on Set of Cancelled CBS Show ‘Vegas’

On Thursday December 18,  a lawsuit was filed in Los Angeles County against two crane companies for injuries arising from an accident on the set of former CBS show ‘Vegas’ last year. Plaintiff Andrea Krout was working as crane dolly grip on the set of the now canceled ‘Vegas,’ starring Dennis Quaid and Michael Chiklis, when her hand was pulled into the belt and pulley drive, crushing and almost severing her left thumb on January 8, 2013.  Krout was rushed to the hospital where she…
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University of California Sued for Wrongful Death of Football Player Ted Agu

On Tuesday, August 5, the family of former University of California football player, Ted Agu, filed a wrongful death lawsuit against the university claiming negligence in the Agu’s sudden death earlier this year. After offseason training drills in February, Ted Agu was taken by University of California medical staff to Alta Bates Medical Center as he exhibited signs of extreme fatigue.  There, Agu was pronounced dead.  The coroner’s report released in April stated hypertrophic cardiomyopathy as the cause of death.  His family and attorneys, however,…
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California Jury Tells Dodgers: Make the Ball Park Safer

A California jury awarded about $18 million in damages for Bryan Stow who was left permanently disabled after beaten by two men at the Dodgers stadium parking lot in 2011.  Of the total judgment, the Dodgers share would be about $15 million while The Los Angeles Times reported the number to be $13.9 million.  The jury determined the baseball team was 100% liable for Stow’s economic losses including lost wages and medical bills but 25% liable for pain and suffering. The Dodgers attorneys argued that…
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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.…
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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…
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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…
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