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Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

Unnecessary Roughness: Coaches, Concussions And The Constitution In Mann V. Palmerton Area School District

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming...more

Fair Use is Not Always Fair

Photographer TC Reiner sued Watkins Institute and its student Ryon Nishimori for copyright infringement when Nishimori incorporated one of Reiner’s copyrighted photographs into a mock advertisement for a classroom assignment...more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

by Foley & Lardner LLP on

Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that...more

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

by Franczek Radelet P.C. on

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

Seventh Circuit Confirms Student-Athletes Not Entitled to Minimum Wage under FLSA

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the Seventh Circuit has affirmed U.S. District Judge William T. Lawrence’s dismissal of the student-athlete litigation against the NCAA and over 120 NCAA Division I member schools alleging that...more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

by Holland & Knight LLP on

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

by Holland & Knight LLP on

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

October Antitrust Bulletin

by McGuireWoods LLP on

On Oct. 3, 2016, the U.S. Supreme Court denied petitions for a writ of certiorari from both sides of the O’Bannon v. NCAA student-athlete pay case. As we previously reported, in August 2014 the U.S. District Court for...more

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

U.S. Supreme Court Denies Certiorari In O’Bannon

The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth...more

Court Denies Class Cert. in NCAA Antitrust Suit

by Mintz Levin on

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA...more

O’Bannon Plaintiffs Seek U.S. Supreme Court Review

On March 15, 2016, plaintiffs in the O’Bannon case sought U.S. Supreme Court review of the United States Court of Appeals for the Ninth Circuit’s decision issued in September 2015. In that decision, the Ninth Circuit sided...more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

by Sullivan & Worcester on

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules

by Mintz Levin on

In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana. This...more

Another Loss for the Claim That College Athletes Are Employees

Last year the National Labor Relations Board ruled that it did not have jurisdiction to consider a petition by undergraduate football players at Northwestern University for recognition of a union and collective bargaining...more

Court Rules That Student-Athletes Are Not Employees Under the FLSA - The U.S. District Court Decision Is Another Win for the NCAA...

by Holland & Knight LLP on

In another blow to legal arguments that student-athletes should be paid as employees, the U.S. District Court for the Southern District of Indiana recently concluded that student-athletes at the University of Pennsylvania...more

Léone Meyer and University of Oklahoma Settle Nazi-looted Pissarro Dispute

by Sullivan & Worcester on

In December it was announced that the University of Oklahoma and Leone Meyer had reached a tentative settlement in the litigation over Meyer’s claims to La Begère by Camille Pissarro, a painting stolen from her father Raoul...more

NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA

An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was...more

College Athletes Not University Employees, Says Federal District Court

On February 16, 2016, a federal district court in Indiana held that former athletes at the University of Pennsylvania were not university employees entitled to the protections of the Fair Labor Standards Act (FLSA). The...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

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

by Seyfarth Shaw LLP on

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Ninth Circuit Denies Request For Rehearing In O’Bannon

by Bond Schoeneck & King PLLC on

Last week, a three-judge panel for the United States Court of Appeals for the Ninth Circuit voted 2-1 to deny the O’Bannon plaintiffs’ petition for a rehearing en banc of the Ninth Circuit’s September 30, 2015 decision on the...more

O’Bannon And Alternative Forms Of Injunctive Relief

by Robins Kaplan LLP on

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

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