Art, Entertainment & Sports Personal Injury

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The Alarming Statistics Behind TBI

Traumatic Brain Injuries, long known as a threat to athletes on the playing field also represent a serious threat in auto accidents, so talk to a Chicago accident attorney in the aftermath of a crash....more

The Latest Research on Sports-Related Injuries

The latest research on sports-related injuries has shown many new developments. First, the CDC found that ER visits in the U.S. have risen by about 60 percent in the past 10 years. About 170,000 youth sports-related brain...more

The Ink Isn’t Dry

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

HEAR Act Introduced by Sen. Ted Cruz to Create Federal Standard for Holocaust Art Claims

Among the many challenges that litigants over Nazi-looted art face in the United States is a lack of uniformity. Statutes of limitations vary from jurisdiction to jurisdiction, and interpretations of jurisdictional laws like...more

Denial by Jerry Jones: Link between CTE and Professional Football

An all too familiar campaign of denial. It seems like every week a different retired football player from the National Football League publically reveals their private struggles with post-football related health issues,...more

Did NFL adopt Big Tobacco’s smokescreen ploy to deny concussion harms?

The National Football League may have taken a page from Big Tobacco’s playbook, and played fast and loose with data used in “scientific studies” to downplay players’ risks from concussions, a New York Times investigation...more

Manatt Digital Media - March 2016

In this newsletter, we take a detailed look at the world of virtual reality with an emphasis on the potential legal issues that exist in this area of media that is still in its infancy....more

Eighth Circuit Tells Former NFL Players: Your Right Of Publicity Claims Are Preempted By The Copyright Act

The Eighth Circuit recently rejected three former NFL players’ appeal of a district court’s dismissal of their right of publicity claims, among other claims. John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White...more

8th Circuit Finds Copyright Act Preempts State Right Of Publicity Of Professional Athletes

In a recent case, Dryer v. Nat’l Football League, No. 14-3428, 2016 WL 761178 (8th Cir. Feb. 26, 2016), former National Football League (“NFL”) players (the “Players”) sued the NFL over the use of their name, image, voice,...more

Dryer v. The National Football League (USCA, Eighth Circuit, February 26, 2016 )

In action involving films produced by NFL containing historical game footage, Eighth Circuit affirms summary judgment in favor of NFL, holding that former players’ right of publicity claims are pre-empted by Copyright Act,...more

Understanding Traumatic Brain Injury

Chicago personal injury attorneys often represent clients who suffer from traumatic brain injuries. They occur when someone slips and falls, is hit on the playing field, or when an individual is involved in an automobile...more

Protecting Young Athletes from Head Injuries

The National Football League (NFL) recently announced that the number of diagnosed concussions increased by almost 32 percent this past season. This comes as a surprise after the previous two years showed a decrease in...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

Sarver v. Chartier (USCA, Ninth Circuit, February 17, 2016 )

Ninth Circuit affirms district court’s dismissal of Army sergeant’s lawsuit alleging that main character in film “The Hurt Locker” was based on his experiences without his consent, holding that film spoke to issues of public...more

California’s Correction Statute Amended to Protect Online and Weekly Publications

The California Legislature recently amended Civil Code § 48a to make clear that California’s correction statute applies to weekly and online publications performing the same news-disseminating function as a daily newspaper,...more

Protecting Young Players from Head Injuries

Playing sports is a great way to improve a child’s health and enhance their athletic skill. While competition can be exciting and enjoyable, it can also be rather dangerous. Each year thousands of young players are injured...more

NCAA Settlement Could Promote Concussion Prevention and Treatment, but Leaves Member Institutions on the Hook for Future Lawsuits

On January 26, U.S. District Judge John Lee of the United States District Court for the Northern District of Illinois granted preliminary approval of a new settlement of consolidated class action litigation involving the NCAA...more

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...more

Primary Assumption of Risk – Subjective Awareness and Increasing Risk Beyond Inherent Risk

Scott Griffin v. The Haunted Hotel, Inc. - Court of Appeal, Fourth Appellate District (November 20, 2015) - Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the...more

Man assumed the risk of injury from chainsaw-wielding psychopathic killer

Perfectly timed for Halloween 2015, the California Court of Appeal held that a haunted house patron who was injured while running away from an actor carrying a gas powered chainsaw (without the chain) assumed the risk and...more

Reality Check: Fantasy Sports Sites Facing Serious New Challenges

Fantasy sports, especially Daily fantasy sports (“DFS”), are big business in the United States. Two DFS sites in particular, FanDuel and DraftKings, are the most dominant players in this industry (they control 95% of the DFS...more

Stadium Owners Watching Closely To See if Insurer Fumbles Reggie Bush Claim

San Francisco 49ers running back Reggie Bush reportedly intends to sue the city of St. Louis after slipping on a concrete surface behind the St. Louis Rams’ bench during a recent game, injuring his knee and ending his season....more

Never Say Never to Lone Pine Orders

After our last two posts, we received emails blasting us for being insensitive to the plight of injured plaintiffs. That struck us as unfair, given that the posts pertained to the technical issues of choice of law and choice...more

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain...more

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