K&C Sports & Entertainment Law Weekly Roundup - December 2023 #2

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Sports:

  • Florida’s Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act. Tribe Tells Fla. High Court Gaming Pact Is Constitutional – Law360
  • DraftKings Inc. offered a deceptive $1,000 bonus to lure customers to its betting platform that only paid out if new users dumped $5,000 into the account and wagered five times that amount over 90 days, according to a proposed class action filed Friday in Massachusetts state court. DraftKings $1K Bonus Deceived New Customers, Suit Says – Law360
  • Attorneys for celebrities, sports figures, prominent investors, and financial institutions have rushed a federal court in Florida with briefs contesting personal liability in connection with the collapse of the FTX cryptocurrency exchange, disputing claims that their positive public comments fueled a multibillion-dollar crypto bust. Athletes, YouTubers, Banks Want Out Of FTX Litigation – Law360
  • The New York Times must face a defamation claim launched by a University of Alabama men’s basketball player after it published an article that pointed to his presence at the scene of a fatal shooting and made several since-retracted statements alleging he was involved, an Alabama federal judge ruled on Wednesday. NYT Must Face Alabama Basketball Player’s Defamation Claim – Law360

MLB

  • Los Angeles federal prosecutors have asked to push back the trial date for former Dodgers star Yasiel Puig, accused of obstruction of justice and making false statements, as they look to appeal a judge’s decision to exclude a retracted plea deal as evidence. Feds Want Ex-MLB Star’s Trial Paused Amid 9th Circ. Pitch – Law360
  • A Florida appeals court on Friday found that the parents of a minor league baseball player do not need to arbitrate their wrongful death suit against a doctor for the Minnesota Twins whom they say failed to diagnose their son’s dangerous heart condition, finding the dispute does not fall within an arbitration agreement. No Arbitration In Minor League Baseball Player’s Fla. Death Suit – Law360
  • Major League Baseball is urging a New York federal court to toss an antitrust lawsuit filed by a retailer of sports-branded merchandise, calling it a “baseless challenge” to well-established laws that govern the distribution of licensed consumer goods. MLB Blasts ‘Baseless’ Merchandise Antitrust Suit – Law360

NFL:

  • A football fan has sued the NFL and New Jersey State Police over claims he was handed a football that Philadelphia Eagles quarterback Jalen Hurts used to score a touchdown against the New York Giants and subsequently was battered by stadium security and police officers after he refused to give it back. NFL Fan Says He Was Accosted Over QB’s Touchdown Ball – Law360
  • The couple that former NFL player Michael Oher is suing over proceeds from the bestselling book and blockbuster movie The Blind Side opposed his motion for a temporary injunction against using his name, image, and likeness while repeating that Oher had demanded money and threatened “to go to social media and expose to the world how he was robbed” by them. ‘Blind Side’ Couple Fights Oher’s Claims They Are ‘Thieves’ – Law360
  • A former employee of the Jacksonville Jaguars who oversaw the football team’s virtual credit card program was accused by federal prosecutors of charging more than $22 million on the team’s credit lines to fund a lavish personal lifestyle. Ex-Jaguars Employee Siphoned $22M From Team, Feds Say – Law360

GOLF

  • The No. 3 ranked golfer in the world, Jon Rahm, has left the PGA Tour in favor of the Saudi-backed LIV Golf in a deal worth over $300 million. After what seemed to be a truce when the PGA Tour and LIV Golf announced in June that the two entities would merge to “unite” golf, no official deal has been made, and the Saudis have poached their most high-profile golfer yet. Jon Rahm’s $300 million LIV Golf offer ‘is stunning,’ says Sen. Ron Johnson – Law360

Entertainment:

TV & MOVIES

  • Disney urged a CA federal judge to dismiss a proposed antitrust class action targeting live-streaming carriage agreements forbidding ESPN’s exclusion from cheap bundling packages, arguing that tweaks to the subscribers’ suit can’t save previously nixed damages claims and that the judge should’ve tossed the entirety of the suit. Disney Again Targets ESPN Streaming Bundles Suit – Law360
  • Digital-effects company Rearden LLC’s counsel told a CA federal jury during opening arguments that Disney owes up to $400 million for allegedly using its copyrighted special-effects software for the 2017 remake of Beauty and the Beast while Disney’s counsel said it respects copyright law and “did nothing wrong.” Disney Owes $400M For ‘Beauty And The Beast’ FX, Jury Told – Law360
  • Actor Terrence Howard has sued Creative Artists Agency in CA state court, alleging the talent agency’s conflicting interests led him to accept a salary below industry standards for his role on the hit television show Empire. Terrence Howard Accuses CAA Of Fraud In Salary Suit – Law360

MUSIC

  • Liberace’s rhinestone-encrusted concert piano once again found itself in the limelight when the 1st Circuit held that a district court wrongly tossed the Gibson Foundation’s suit accusing a piano store of refusing to return the piano after Gibson entrusted it with warehousing the instrument. 1st Circ. Revives Fight Over Liberace’s Rhinestone Piano – Law360
  • A woman has accused Sean “Diddy” Combs and his record label’s longtime president of trafficking and raping her when she was 17, telling a New York federal court that she was inspired to come forward after recent, similar claims by R&B singer Cassie and three others. Diddy, Ex-Record Label President Hit With Another Rape Suit – Law360

THEATER & FASHION

  • A 2nd Circuit panel appeared unfavorable toward reviving an embattled Broadway producer’s antitrust lawsuit challenging his placement on the Actors’ Equity Association’s “do not work” list, saying it seems clear that the union acted appropriately after actors alleged wage violations and a toxic work environment. 2nd Circ. Doubts Broadway Producer’s Union Blacklist Suit – Law360
  • The 2nd Circuit cited a recent Supreme Court decision that stripped special First Amendment protections for a Jack Daniel’s-spoofing chew toy in a ruling that will allow Vans to enforce a restraining order against a Brooklyn art collective that made a parody of its marquee shoe. Jack Daniel’s Ruling Helps Vans Defeat 2nd Circ. TM Appeal – Law360

VIDEO GAMES & PUBLISHING

MEANWHILE, IN HOLLYWOOD…

  • A CA federal judge asked counsel for Sarah Silverman and other authors to explain why she shouldn’t trim secondary claims from their copyright infringement suit over OpenAI’s artificial intelligence product, pointing to the “short and sweet” opinion of another federal judge tossing similar claims against Meta. Sarah Silverman’s OpenAI Suit Faces Specter Of Meta Setback – Law360
  • The liquor company owned by rapper Curtis “50 Cent” Jackson has asked a CN bankruptcy judge to let it examine its ex-brand manager, who is liable for fraud in a NY arbitration and civil proceeding connected to his alleged embezzlement, to prove his assets in his bankruptcy case. 50 Cent’s Co. Wants To Probe Assets Of Ex-Liquor Boss – Law360
  • A CA state judge certified a class of at least 8,900 women who say The Walt Disney Co. paid them less than their male colleagues, rejecting Disney’s argument that the women failed to adequately identify “substantially similar” jobs performed by the men and women. Disney Must Face Class Of 9K Women Alleging Pay Disparity – Law360

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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