News & Analysis as of

Appeals NFL

Constangy, Brooks, Smith & Prophete, LLP

In Watson case, NFL falls victim to its own law of the shop

The league failed to address bad precedent. On August 1, retired federal judge Sue L. Robinson, acting as arbitrator pursuant to the collective bargaining agreement between the National Football League and the National...more

Foley & Lardner LLP

Supreme Court Takes a Pass on Early Review of Antitrust Challenge to NFL Sunday Ticket

Foley & Lardner LLP on

On November 2, the United States Supreme Court refused to weigh in on an ongoing antitrust challenge to NFL Sunday Ticket, the satellite broadcast package from DirecTV that gives NFL fans access to all NFL games each week. ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

Ballard Spahr LLP

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

Foley & Lardner LLP

Standing Still: Fan Gets Second Chance to Bring Precarious NY/NJ Super Bowl Ticket Case

Foley & Lardner LLP on

Recently, the Third Circuit U.S. Court of Appeals turned the switch on a fan’s seemingly dormant class action suit against the National Football League concerning its 2014 Super Bowl Ticket Distribution Policy, which limited...more

Miller Canfield

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Foster Garvey PC

The Washington Redskins Win Their Trademark Battle in Overtime

Foster Garvey PC on

Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

Perkins Coie

Supreme Court Holds Disparagement Clause Unconstitutional

Perkins Coie on

In a much anticipated decision, the U.S. Supreme Court held in Matal v. Tam, 582 U.S. ___ (June 19, 2017) that a provision of the Lanham Act banning the registration of marks considered disparaging to “persons, institutions,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Denies Review of NFL Players’ Concussion Settlement

In April of 2015, Pennsylvania federal district court judge Anita B. Brody approved a settlement between the National Football League (NFL) and retired football players intended to resolve thousands of concussion lawsuits...more

Pullman & Comley - Labor, Employment and...

Arbitrators Have The Right To Be Wrong: The Second Circuit Speaks About “Deflategate” (And What’s Next)

When we last wrote about “Deflategate”, Tom Brady, the National Football League Players Association [“NFLPA”] and New England Patriots fans were basking in the glory of the reversal of NFL Commissioner Roger Goodell’s...more

Franczek P.C.

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

Franczek P.C. on

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

Pullman & Comley - Labor, Employment and...

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

Weintraub Tobin

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Weintraub Tobin on

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

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