Art, Entertainment & Sports Law › Constitutional Law › Civil Procedure

N.J. Files Brief Supporting Sports Betting Law in Key Gambling Litigation

The state of New Jersey filed its opening brief on April 29 in the U.S. Court of Appeals for the 3rd Circuit, in a case that could ultimately decide the fate of sports betting in the United States....more

The Efforts to Legalize Sports Betting in New Jersey—A History

A complex and expensive battle between the National Collegiate Athletic Association (NCAA) and the four major professional sports leagues and the state of New Jersey over whether New Jersey’s casinos and racetracks can offer...more

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. ...more

Outtakes from Documentary Are Protected by Reporter's Privilege

The outtakes from a documentary film produced by Ken Burns and others on the Central Park Five are protected from discovery under the First Amendment. In 2012, Florentine Films released The Central Park Five, a documentary...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

A Covenant Not to Sue May Avoid Invalidity Claims

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Rights of Publicity: Contradictions in the Courts

The legal controversies over athletes' rights-of-publicity rage on. Two pending appellate decisions offer some hope that a rational conclusion might be in sight. The head of Manatt's Sports Law Practice Group, Ron Katz, had...more

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Order: Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing

Order: [Denying New Jersey MTD and MSJ re NCAA, NFL, NBA, et. al. Legal Standing] --- "This matter comes before the Court upon Plaintiffs’ “Motion for Summary Judgment and, If Necessary to Preserve the Status Quo, a...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PASPA Litigation)

Memorandum Opinion by Judge Shipp (21 Dec 2012): Ruling in favor of NCAA and Professional Sports Leagues' Legal Standing to sue...

MEMORANDUM OPINION (Shipp, District Judge) re Plaintiff Legal Standing -- Denying Defendant New Jersey's Motion to Dismiss and Motion for Summary Judgement: --- "This matter comes before the Court upon several motions...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2012

Table of Contents: Alexander v. Murdoch, USCA Second Circuit, November 14, 2012 - Second Circuit affirms dismissal of plaintiff’s copyright infringement and other claims against defendants, creators and producers...more

US v. Pokerstars, et. al. (Christopher Ferguson)

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE...

CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT: ----- "Christopher Ferguson joins in Howard Lederer’s...more

US v. Pokerstars, et. al. (Lederer)

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S...

[LEDERER'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM...more

US v. Pokerstars, et. al. (Lederer)

DEFENDANT AND CLAIMANT HOWARD LEDERER'S NOTICE OF MOTION AND MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT'S IN PERSONAM...

[MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM CLAIMS] "The original...more

Haunted House Doesn’t Scare Off Filmmaker

Many people consult with psychics. Not an unusual thing to do (certainly not in California). But not a lot of people spend the next 38 years adding rooms to their houses because the soothsayer said spirits would kill them...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - November 7, 2012

Table of Contents: ..Washington v. Take-two Interactive Software, Inc., et al. California appellate court affirms anti-SLAPP dismissal of misappropriation claim brought against Grand Theft Auto developers....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 1, 2012

Table of Contents: - Winchester Mystery House, LLC v. Global Asylum, Inc., Cal. Ct. App., California court of appeal affirms grant of defendant’s motion for summary judgment, finding that defendant established...more

The Wheels Keep Spinning Against Lance Armstrong

This time around, Lance Armstrong’s big battle is not against other cyclists in a road race; it’s with the U.S. Anti-Doping Agency (USADA). In June, the USADA opened an investigation into allegations that Armstrong used...more

Nat'l Collegiate Athletic Ass'n, et al. vs. Christie, Governor of New Jersey, et al.

Complaint for Declaratory & Injunctive Relief

The NCAA, NBA, NFL, NHL, and MLB have all filed suit against NJ Governor Chris Christie, alleging that New Jersey's law that opens the door to sports betting is preempted by federal law. ...more

July 2012: Sports Litigation Update -- District Courts Divided over Use of Football Players in Video Games

Recent disputes involving Electronic Arts (EA) have divided district courts in the Third and Ninth Circuits over whether the First Amendment insulates designers of video games from lawsuits when they use an athlete’s likeness...more

The Fate of the Music Industry is Jeopardized by Copyright Decision -- Decision Impacts Billions of Dollars in Royalties

A recent decision out of the Court of Appeals for the District of Columbia Circuit could have lasting implications on all Copyright Royalty Board rate determinations since 2004. In the case Intercollegiate Broadcasting...more

USA v. Poker Stars (Christopher Ferguson

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS VERIFIED FIRST AMENDED COMPLAINT

The government’s in personam claim for civil money laundering penalties against Howard Lederer is premised on allegations that (1) Lederer participated in FTP’s fraud against its players; and (2) FTP operated in violation of...more

USA v. Poker Stars (Christopher Ferguson

CHRISTOPHER FERGUSON’S MEMORANDUM JOINING HOWARD LEDERER’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HIS MOTION TO...

Christopher Ferguson joins in the Memorandum of Points and Authority in Support of Howard Lederer’s Motion to Dismiss the Verified First Amended Complaint (the “Complaint”) for failure to state a claim under Rules 9(b) and...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 20, 2012

Table of Contents: *Louis Vuitton Mallatier S.A. v. Warner Bros. Entertainment Inc. Louis Vuitton Mallatier S.A. v. Warner Bros. Entertainment Inc., USDC S.D. New York, June 15, 2012 District court grants...more