K&C Sports & Entertainment Law Weekly Roundup - September 2024

Sports:

• Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’ cheer competitions or camps, or purchased Varsity apparel from Dec. 10, 2016, through March 31, 2024, will be eligible to receive recovery funds. Consumers must file claims to receive reimbursement, and Attorney General Raoul is encouraging people to sign up to receive more information. Attorney General announces $82.5 million proposed settlement with Varsity Brands – Yahoo News
• A federal appeals court ruled Tuesday that the Florida High School Athletic Association did not violate the First Amendment when it refused to let two private religious schools use a PA system to hold a pregame prayer during a 2015 high school championship football game. Private school’s pregame loudspeaker prayer lawsuit answered by appeals court – FloridaPhoenix
• A Texas bankruptcy judge Tuesday approved a revised Chapter 11 financing deal and new NBA and NHL broadcast deals for Bally Sports Network‘s parent company. Diamond Sports Gets OK For NBA, NHL, Ch. 11 Lender Deals – Law360

NCAA

• The landmark settlement in the House v. NCAA and other antitrust cases was called into question during a court hearing on Thursday over language that would limit third-party name, image and likeness payments from boosters and collectives. House v. NCAA settlement on hold as judge sends parties ‘back to the drawing board’ – The Athletic

MLB

• Singer Bad Bunny‘s sports representation firm was held in contempt Wednesday by a federal judge, who ordered it to withdraw from a new arbitration proceeding it filed against the Major League Baseball Players Association. Bad Bunny firm held in contempt by judge in dispute with MLBPA – ESPN

NFL

• As the Kansas City Chiefs kick off the 2024 NFL season against the Baltimore Ravens, one of the reigning Super Bowl champions’ most infamous fans will be absent from the stands. No, not Taylor Swift — Xavier Babudar, better known as “ChiefsAholic,” was sentenced to 17 years and six months following a string of bank robberies across the country. Chiefs fan “ChiefsAholic” sentenced to over 17 years for bank robberies – CBS News
• Two women who sued NFL kicker Brandon McManus alleging he sexually assaulted them last year when they were serving as flight attendants on the Jacksonville Jaguars’ flight to London filed an amended complaint on Friday that includes their names. Women file amended complaint against NFL kicker Brandon McManus alleging sexual assault – AP
• Former NFL players suing the league’s disability plan for denying them benefits have asked a Maryland federal judge to certify a vast class of aggrieved ex-pros, excoriating the “sham claims process” that left them out in the cold. Ex-NFLers Seek Class Cert. To Challenge ‘Sham’ Benefits – Law360
• A Philadelphia appeals court has upheld the $43.5 million award to former Philadelphia Eagles’ special teams’ player and captain Chris Maragos in his medical malpractice claim alleging that failed treatment of a knee injury ended his National Football League (NFL) career in 2018. Former NFL Player’s $43.5 Million Score in Medical Malpractice Case Upheld – Insurance Journal

GOLF

• Topgolf Callaway Brands on Wednesday detailed its plans to spin off at least 80.1% of the Topgolf business to its shareholders, leaving Callaway, a golf equipment business, and Topgolf as stand-alone companies. Latham-Led Topgolf Plans Spinoff Into 2 Separate Cos. – Law360

Entertainment:

MUSIC

• Former President Donald Trump’s campaign can’t play the song “Hold On (I’m Coming)” while the estate of late musician Isaac Hayes’ copyright suit against him proceeds, a GA federal judge ruled. Trump campaign must stop using Isaac Hayes song after lawsuit from family – CBS News
• Members of the Canadian rock band The Guess Who have settled a trademark dispute over use of the band’s name and allegations that two of the bandmates had deceptively passed off a cover band as the original group. The Guess Who Settle Lawsuit Over Trademark Rights to Band Name (billboard.com)
• Live Nation Entertainment Inc’s Ticketmaster is facing a UK investigation over the recent sale of tickets for Oasis concerts, after widespread complaints about the use of dynamic pricing that saw fans paying more than £350 ($461) to attend. Ticketmaster’s pricing for Oasis under investigation in UK | AP News
• British rockers The 1975 have hit back against a £1.9 million ($2.5 million) claim by the organizers of a Malaysian music festival, arguing that they could not have known that an onstage same-sex kiss would have caused the event to be canceled. The 1975 respond to Malaysian festival promoter’s lawsuit (completemusicupdate.com)
• Verizon Communications Inc. pushed back on claims from record labels that it allowed its internet users to share illegally downloaded music in violation of the Digital Millennium Copyright Act, saying in a court filing it “did not culpably aid the music piracy.” Verizon Wants Music Piracy Lawsuit From Major Labels Dismissed (billboard.com)

FILM & TELEVISION

• Paramount Global, the parent of CBS, will be controlled by software billionaire Larry Ellison after a group led by his son David completes its purchase of the Redstone family’s interest in the film and TV company, according to a regulatory filing. Skydance Tells FCC Paramount Deal Will Boost CBS And Local Stations; Larry Ellison Will Control Company After Merger (deadline.com)
• Former X-Men ’97 series head writer has hit Marvel Animation Studio LLC with a lawsuit in CA state court, seeking to invalidate a nondisparagement provision he claims Marvel coerced him into signing amid his alleged “forced ouster” this year. Beau DeMayo Decries Marvel’s “Criminal Working Conditions,” New Lawsuit (deadline.com)

SOCIAL MEDIA & AI

• NM’s attorney general announced he has sued Snap Inc., alleging the social media company’s policies and algorithm promote child sexual exploitation and the spread of child sexual abuse material. New Mexico sues Snap for allegedly facilitating child sexual exploitation (thehill.com)
• OpenAI told a CA federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a “carbon copy” of similar claims already thrown out by the courts, arguing the complaint should be dismissed. OpenAI Slams YouTuber’s AI Training Class Action – Law360

MEANWHILE, IN HOLLYWOOD…

• Harvey Weinstein will not be prosecuted for indecent assault in England after the Crown Prosecution Service said that it is dropping charges over an alleged assault in the 1990s. Harvey Weinstein Indecent Assault Charges Dropped in U.K. (hollywoodreporter.com) But A NY state grand jury may indict him for additional sex crimes based on allegations from three new complaining witnesses. N.Y. grand jury is weighing new evidence against Harvey Weinstein, source says (nbcnews.com)
• A D.C. federal judge has rejected a host of arguments by Fugees rapper Prakazrel “Pras” Michel seeking a new trial on charges of assisting a Malaysian billionaire in illegally diverting funds, including claims that he was prejudiced by his former attorney’s use of generative artificial intelligence to craft his closing argument. Judge rejects claims that generative AI tanked political conspiracy case against Fugees rapper Pras – ABC News (go.com)
• Tameka “Tiny” Harris testified in CA federal court that she was taken aback the first time she saw MGA Entertainment’s line of O.M.G. dolls because she believed they ripped off the OMG Girlz pop group she created, and said a survey of her Instagram followers confirmed her reaction. Tameka “Tiny” Harris Takes the Stand in Federal Court, Denies ‘Money Grab’ in Lawsuit – The Source