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Dryer v. National Football League - USDC, D. Minn., October 10, 2014

Dryer v. National Football League - USDC, D. Minn., October 10, 2014: District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014: California appellate court reverses summary judgment in favor of Real Housewife of Orange County Gretchen Rossi against "friend"...more

September 2014: Entertainment Litigation Update

ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

Status Updates - September 2014

..We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. ...more

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

How far can companies leverage the name and image of celebrities when promoting their brand?

It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more

NCAA Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

Take Me Out to the Ball Game (And Let’s Be Careful)

An owner of an arena or stadium owes a duty to each patron to operate the premises with reasonable care. In the context of sporting events, this duty is defined as a "limited duty." Spectators are thought to assume ordinary...more

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion....more

Imputations- jury decides whether ‘the antidote has overcome the bane.’

The New South Wales Court of Appeal recently handed down judgment in the matter of Corby v Allen & Unwin Pty Ltd. In this case Rosleigh Jill Rose, Michael Corby Junior and Mercedes Pearl Esma Corby (‘the Appellants’)...more

You’re Getting Sued for What? An E & O Odyssey (Pt 12)

As reported by The Hollywood Reporter‘s entertainment law blog, Hollywood, Esq., the producers, distributors and broadcasters of the television series Southland are being sued by the family of a deceased individual whose...more

Doping tests and privacy rights in Spain: a key court decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Protecting High Profile Reputations - Brownstein's $19 Million Verdict Stands After Appeal

In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more

Three Questions for the Third Week of the O’Bannon v. NCAA Trial

As the O’Bannon v. NCAA trial enters its third week, commentators are already predicting the fall of the “college sports cartel.” In the case, a group of about 20 current and former college men’s basketball and football...more

Defamation Claim Against HBO Sports Documentary Proceeds; International Sporting Goods Supplier Not a Public Figure

On May 16, 2014, in Mitre Sports v. HBO, the Southern District of New York allowed a defamation claim brought by a UK company against HBO to proceed to trial. In doing so, the Court ruled that Mitre Sports International, one...more

Advertising Law - May 2014

Schwarzenegger Sues Over Publicity Rights - The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole[] and exploited” his likeness to market its products in...more

Court Won’t Reconsider Prior Ruling in NCAA Class Action

On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more

Legal Education and Concussion Injuries

New Law School Course to Discuss Concussion Cases - Concussions and the risks of sports-related traumatic brain injuries have been prominent in the news over the last couple of years. For example, approximately 5,000...more

R-E-S-P-E-C-T Those Rights of Publicity

Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more

Spain: Football player sentenced to prison for personal injury

The Criminal Court of Vigo sentenced a local football player to 4 months imprisonment for a personal injury offence which occurred in a football game in Vigo, a city situated in north-west Spain. The offence was...more

Busting Brackets: District Court Rejects NCAA’s Summary Judgment Motion and Allows Student-Athletes’ Suit for Publicity...

Nearly five years into the lawsuit, a District Court denied defendant NCAA’s summary judgment motion, and ordered that the antitrust claims of current and former student-athletes denied compensation for the commercial use of...more

Capturing Tiger Woods at The Masters

My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more

Do Referees Face Liability for Their Decisions in Sports Contests?

The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot...more

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