FSU Settles Civil Suit with Winston Accuser

On Monday, January 25, 2016, it was announced that Florida State University had agreed to settle a federal lawsuit against it with former student Erica Kinsman for a purported $950,000. Kinsman had filed the lawsuit against the school in January 2015 on Title IX grounds, spawning from allegations made by her accusing former FSU and current Tampa Bay Buccaneers starting quarterback Jameis Winston of sexual assault. According to Kinsman’s complaint, Winston raped her while she was in an inebriated state following the two meeting in…
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Recent Antitrust Settlement a Win-Win for MLB and Sports Fans

Joseph Hanna, Chair of Goldberg Segalla’s Sports and Entertainment Law Practice Group, weighed in on a recent settlement between Major League Baseball and sports fans over territorial blackouts and high prices for sports packages. The settlement came just moments before a trial was set to begin on Tuesday, January 19, 2016. As Joe concludes in the article for Law360, “They could have gone to trial, and who knows how it would have been decided. The opportunity to settle a case and have what…
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Taylor Swift Shakes Off Lawsuit with Settlement

Taylor Swift appears to be out of the woods as she has reached a settlement to resolve a trademark infringement lawsuit filed by clothing brand “Lucky 13” last year. The bad blood started in May 2014 when Lucky 13 filed its complaint alleging that Taylor Swift and her affiliated companies, such as Taylor Nation LLC and Taylor Swift Productions, Inc., infringed on the registered trademark “Lucky 13.” According to the complaint, Taylor Swift, who claims her lucky number is 13, began using “Lucky 13” to…
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Players Oppose Garbage Time Objection in NFL Concussion Suit

After years of hard-fought litigation, a settlement seemed like it had finally been reached between former players and the National Football League for more than $750 million in favor of payment to the injured players’ and their families, with a large amount of funding also going directly to medical research for head trauma from football-related injuries.  However, some members of the class of former players immediately objected to the settlement, and it seems that many of them are still unhappy with the settlement agreement nearly…
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MJ and Chicago Grocer in Settlement Talks

On Wednesday, September 30, 2015, an Illinois federal judge told Michael Jordan and Jewel Food Stores, Inc. that both sides will benefit from settling their right of publicity suit. The lawsuit arose out of an advertisement placed in Sports Illustrated. The advertisement featured text congratulating Jordan on his introduction into the Naismith Memorial Hall of Fame, a pair of basketball shoes portraying Jordan’s Number 23, and Jewel’s own logo. Jordan brought suit against Jewel alleging that Jewel used his likeness without permission in the…
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More ex-NFL Players Oppose the Concussion Settlement

Ten former NFL players filed their brief opposing the NFL’s settlement plan that is now before the Third Circuit Court of Appeals for review, citing that the plan unfairly excluded players who have yet to be diagnosed with CTE, a degenerative brain condition. The opposing players argue that the plan overlooks a potential 19,000 players who are likely to develop neurological diseases but have yet to be diagnosed with any. A lawyer for the players said, “It is the height of hypocrisy for the parties…
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New Settlement Proposal Made in NCAA Concussion Lawsuit

On April 14th, the NCAA filed a new proposed $75 million settlement deal to resolve the class-action concussion lawsuit filed against it.  The lawsuit resulted from the consolidation of several cases after former student athletes sued the organization for downplaying and/or neglecting to inform them of the long-term, life altering risk and consequences of sports-related head injuries. The revised proposal was submitted to address deficiencies in the prior settlement deal that federal judge John Z. Lee rejected last December.  In essence, the core…
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NFL Concussion Settlement Objectors Seek Broader Amendments

On Monday April 14, 2015, a group of former NFL players raised another round of objections in the class action concussion lawsuit against the NFL. The 28 former players who objected to the initial $765 million settlement, contend that an amended settlement is also deficient. The initial settlement was preliminarily approved in July 2014. However, upon the suggestion of Judge Anita B. Brody, in February, the NFL amended the settlement, paying particular attention to coverage for the families of CTE sufferers. The amended settlement now…
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NFL Concussion Suit: Further Changes to Settlement Agreement

Both the plaintiffs and the NFL amended the tentative settlement plan in the NFL concussion suit again in response to U.S. District Court Judge Anita Brody. Early in February, Judge Brody issued an order that contained recommendations to “enhance the fairness, reasonableness and adequacy” of the proposed settlement agreement. The parties had until Friday to address her five concerns. First, Judge Brody urged to expand the provision that only counted NFL playing seasons in calculating eligibility of players. The revised agreement credits a half-season for…
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Creedence Clearwater Mark Revisited

There’s a bad moon on the rise once again for John Fogerty.  Fogerty, the former lead singer and guitarist for Rock and Roll Hall of Fame inductee Creedence Clearwater Revival, and a man who holds the distinction as being perhaps the only musician in the history of recorded music to be sued for allegedly plagiarizing his own recording in another one of his own recordings, finds himself feelin’ blue again, having been sued last week by his surviving former bandmates, Doug Clifford and Stu…
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