Former Football Players Fight Back, Tell Ninth Circuit That NFL Was Directly Involved in Painkiller Lawsuit

In a lawsuit where former NFL players accused the league of doping them with amphetamines and painkillers, the players have responded to the NFL’s effort to end their appeal in the Ninth Circuit. As we reported earlier, former Chicago Bears players Richard Dent and Jim McMahon sued the NFL in 2014, claiming that the league facilitated the use of opioids, anesthetics, and drugs like Toradol without prescriptions, violating the Controlled Substances Act. While their lawsuit was initially dismissed by a district court for being preempted…
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One More Time: New Lawsuit Argues NCAA Must Pay Athletes Minimum Wage

Trey Johnson, a former defensive back for Villanova University, has sued the NCAA, arguing that the organization has violated federal labor law and that it must pay student-athletes a minimum wage. In his lawsuit, Johnson argues that student-athletes clearly constitute employees under the Fair Labor Standards Act (FLSA). Specifically, he notes that college students in work-study programs are classified as employees, meaning that they are subject to minimum wage laws. Meanwhile, student-athletes, who work longer schedules and create the need for some of these work-study…
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NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon…
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NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation. The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the…
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NFL Painkiller Class Action Resurrected by 9th Circuit

The U.S. Court of Appeals for the 9th Circuit has reversed a lower court’s dismissal of a class action filed by former NFL players, sending the case back to federal court. The suit claims the NFL encouraged players to abuse painkillers, including opioids. In 2014, the lower court sided with the NFL, holding that the claims were preempted by the Labor Management Relations Act and the Collective Bargaining Agreement (CBA) between the NFL team owners and athletes. Now, however, the 9th Circuit has…
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Author Looks to Thaw Adverse Copyright Ruling Related to Disney’s Frozen

Muneefa Abdullah, a Kuwaiti children’s author, has appealed a District Court’s recent decision denying the author’s copyright suit against Disney, claiming that the District Court judge failed to see the substantial similarities between her 2007 story “The Snow Princess” and Disney’s megahit Frozen. Abdullah sued the entertainment company in 2015 for copyright infringement, alleging that Walt Disney Studios motion pictures and Frozen screenwriter Jennifer Lee stole plot points, characters, and themes from her story. Last month, Judge Wilson of the Central District of California,…
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