December 5, 2019 Advertising / Boxing / Litigation

What a Knockout! Disgruntled Fans Suit Down for the Count

The May 2, 2015 match between Floyd Mayweather Jr. and Manny Pacquiao, promoted as the “Fight of the Century,” saw two of this generation’s most prominent figures in boxing go head-to-head for 12 rounds. However, many fans were less than pleased with the outcome of the fight after the Pacquiao camp’s post-fight revelation.

At the conclusion of the match, a “three-judge panel [unanimously] declared Mayweather the overall winner of the match,” the Ninth Circuit said. That same panel declared Pacquiao the “winner of between two …

March 13, 2018 Fantasy Sports / Litigation

Federal Judges Turn to Indiana State Court in DraftKings and FanDuel Lawsuit

On March 7, 2018, two Seventh Circuit judges, Judge Frank Easterbrook and Judge Ilana Diamond Rovner, certified the following question to the Supreme Court of Indiana, “Whether online fantasy‐sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.”

As we have previously reported, in May 2017, a group of 3,000 college-athletes, led by former Northern Illinois University football players Akeem Daniels and …

January 26, 2018 NCAA

NCAA Pushes Vote on Transfer Rule

On January 17, 2018, an NCAA committee voted to prolong a potential vote on whether to change the Division I transfer rule. Under the “academic year in residence” rule, a transfer student must spend an academic year in residence at the school to which they are transferring. This means that players who want to transfer have to wait one year before they can start playing at their new university. As we have previously covered, this rule has been subject of several lawsuits, and …

October 2, 2017 Litigation / NHL

Parents of Late NHL Player Derek Boogaard Request Revival of Wrongful Death Suit

On Monday, September 25, 2017, the parents of the late NHL player Derek Boogaard appealed to the Seventh Circuit, asking the court to revive their wrongful death lawsuit against the NHL. On appeal, the Boogaards claim the district court incorrectly applied Minnesota state law to the case.

Derek Boogaard played in the NHL for six years and participated in 66 fights, with one of his final fights causing him a severe concussion. The Boogaards allege in their original suit that their son’s death stemmed from …

June 30, 2017 Litigation

Seventh Circuit: Season Tickets are a Privilege, Not a Right

On June 22, 2017, a three-judge Seventh Circuit panel ruled Indianapolis Colts’ season ticket holders do not have a right to roll their seats over from one year to the next. This upholds a U.S. District Court ruling from November 2016.

This suit was brought by Yehuda Frager, a Pennsylvania-based ticket broker, last March. Frager alleged the Colts refused to renew his 94 sets of season’s tickets, which he paid over $75,000 for. It is alleged the Colts redistributed the tickets to a local …

May 26, 2017 MLB

Seventh Circuit Hears Arguments from Rooftop Owners over Cubs Blocking Stadium Sight Lines

The ongoing legal battle between the Chicago Cubs and the owners of the iconic rooftops near Wrigley Field entered extra innings on Tuesday, May 23, 2017. The two teams fielded their heavy hitters for arguments in front of the Seventh Circuit over whether the Cubs broke a contractual duty in blocking the stadium sight lines from the rooftops. In 2004, both sides agreed to a 20-year contract in which the Cubs would not block for obstruct the views from the roofs and each rooftop owner …

December 28, 2016 Litigation / NCAA

Former Track & Field Athletes Petition for En Banc Review in the Face of Latest Defeat in Student-Athlete Employment Fight

Two former NCAA track and field athletes are petitioning the Seventh Circuit to overrule itself, in one of the highest profile student-athlete lawsuits since the Ed O’Bannon litigation. Plaintiffs Gillian Berger and Taylor Hennig competed for the University of Pennsylvania, and argue that the hours spent training and competing for their school violated the wage-and-hour provisions of the Fair Labor Standards Act (FLSA). The defendants, which include the NCAA, won a motion to dismiss the case this past February. That order was upheld by …

December 8, 2016 Litigation / NCAA

Student Athletes: Don’t Quit Your Day Job

On December 5, 2016, the Seventh Circuit Court of Appeals issued a decision in a case brought by former student athletes of the track and field team at the University of Pennsylvania, against the University, the NCAA and several other Division I universities. The former student athletes claimed that during their time in college athletics they were employees of the defendants and therefore entitled to a minimum wage under the Fair Labor Standards Act.

The district court held that the student athletes, who formerly attended …