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

by Kelley Drye & Warren LLP on

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

by Tucker Arensberg, P.C. on

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

Kentucky Supreme Court Compares Giving Up Jury Trial To Giving Up Parental Rights; Refuses To Enforce Arbitration

Nursing home arbitration agreements are among the most unpopular arbitration agreements around.  Last week, Kentucky’s Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never...more

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more

Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

by Perkins Coie on

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation...more

CWP 4964/2013 - Punjab Haryana High Court Suo-Moto Litigation

Representation for filing an appeal to the Supreme Court

by Hemant Goswami on

Representation by Hemant Goswami to Chandigarh Administration to file an appeal to the Supreme Court of India ----------------------------------------------------- The issue in brief: Asserting that law does not bestow...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

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

Supreme Court Rejects States’ Nuisance Claims But Leaves Door Open to Future Climate Change Lawsuits

by Morrison & Foerster LLP on

Today, the U.S. Supreme Court ruled in American Electric Power v. Connecticut that federal common law nuisance claims cannot be used to address harms arising from climate change. In 2004, eight states, New York City, and...more

Federalism And Tort Reform

by Dechert LLP on

On Wednesday, we discussed the relevant parts of pending tort reform legislation. Earlier in the month we updated our favorite federalist point, which is that federal courts should not issue expansive interpretations of state...more

Supreme Court to Hear Appeal of Connecticut v. American Electric Power

by McDermott Will & Emery on

The Supreme Court of the United States has granted certiorari in the Second Circuit's Connecticut v. American Electric Power decision, which allowed federal common law nuisance claims to proceed against several utilities...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Minnesota Video Game Law Declared Unconstitutional *Court Grounds New York Passenger Bill of Rights *Cisco Lawyer Sued Over ?Patent Troll Tracker? Site *Reebok Fined $1 Million for Lead-Bracelet...more

Os fundamentos da reparação de danos pela indevida restrição da liberdade pessoal pelo Estado

A liberdade pessoal (ou individual) sempre foi um dos atributos mais importantes do Homem. Toda a formação da Ciência do Direito sempre teve como uma de suas bases a proteção da liberdade...more

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