K&C Sports & Entertainment Law Weekly Roundup - February 2024 #2

Sports:

NCAA

• Florida State University is pushing for the dismissal of the Atlantic Coast Conference’s NC lawsuit, saying it was prematurely filed to preempt the university’s own suit against the conference, in an attempt to win a “race to the courthouse” and in violation of the conference’s own rules. FSU Board Demands Dismissal Of ACC’s Preemptive Suit – Law360
• The NCAA won an early victory against states trying to overturn its name, image and likeness rules for incoming athletes when a TN federal judge denied a temporary restraining order request, but the judge signaled that the states may ultimately prevail in arguing that the rules constitute a restraint of trade. NCAA Gets Temporary Win In NIL Recruiting Ban Court Fight – Law360

NFL

• The parents of a 9-year-old Native American Kansas City Chiefs fan have hit sports news publication Deadspin with a defamation lawsuit, accusing it of using a photo of their son, wearing a feather headdress and red and black face paint at a game, out of context in order to label the family “bigots” who hate both Black and Native American people. Young KC Chiefs Fan’s Parents Sue Deadspin For Defamation – Law360
• Dual-sport great Bo Jackson has been awarded more than $21 million in damages for an attempted shakedown scheme by Jackson’s niece and nephew, who were found to have tried to stalk and harass Jackson into paying them $20 million. Bo Jackson Awarded $21M In Suit Alleging Family Shakedown – Law360
• A WA appeals court said it won’t yet decide if domestic violence can be recognized as an ongoing tort — an issue raised in a woman’s lawsuit accusing her ex-romantic partner, former NFL quarterback Mark Rypien, of abuse — ruling that the trial judge must make that call first. Court Demurs On Ex-NFL Player Abuse Claim – Law360

MLB

• The Jackson Generals baseball organization has sued a member of Minor League Baseball’s board of trustees for the alleged “treason” of supporting Major League Baseball’s formation of a new organization that resulted in 43 teams becoming disenfranchised and losing tens of millions of dollars in branding opportunities. Minor League Baseball Team Sues ‘Traitor’ For Costly Betrayal – Law360
• Developer Related Group has released a series of renderings to tease a possible move by the Chicago White Sox from their Guaranteed Rate Field to a new riverfront site in the city’s South Loop. Renderings Pitch White Sox Ballpark In Chicago’s South Loop – Law360
• A TX bankruptcy judge told the owner of Bally Sports Network it can modify its broadcast deals with three Major League Baseball teams but held off approving a resolution to its remaining disputes with MLB to give unsecured creditors time for a look at the deal. Bally Sports Waiting On OK For Deal On 2024 MLB Season – Law360
• An NV teachers’ union has sued in state court to block a measure lawmakers approved in June to provide $380 million in public money to a new ballpark for the Oakland A’s on the Las Vegas Strip, arguing the package passed in a special session last summer wasn’t vetted for flaws. Teachers Union Sues To Upend Oakland A’s Stadium Deal – Law360

GOLF

• GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers’ personally identifiable information with Meta without their consent. GolfNow And NBC Hit With Class Action Over Data Sharing – Law360

NBA

• A Seattle physician accused of taking part in a healthcare fraud scheme orchestrated by former NBA players may drop his court-appointed attorney and represent himself in the NY criminal trial, a federal judge in Manhattan ordered, approving the move after the doctor claimed the lawyer refused to withdraw his guilty plea. Doctor In NBA Fraud Case Can Ditch Atty Over Plea Squabble – Law360

Entertainment

MUSIC

• Warner Chappell Music Inc. urged SCOTUS to limit the damages a plaintiff can recover in copyright ownership litigation to three years before a complaint is filed, arguing that the only time a party can extend that period is for instances involving fraud. Music Publisher Asks Justices To Limit Copyright Damages – Law360
• A founding member of the Romantics will likely have a tough time regaining control of the band’s finances after an MI appellate judge said he couldn’t condone the “incompetence” of the musician’s trial attorneys, who filed a brief that was a copy of the opposing side’s argument. Judge Rips Romantics Singer For Copying Trial Brief – Law360
• The heavy metal band All That Remains has dropped a lawsuit in CN federal court accusing its longtime guitarist’s widow of blocking royalties to the surviving members and using improper copyright claims to remove some of the act’s best-known work from video sharing sites. Metal Band Shreds Royalties Suit Against Guitarist’s Widow – Law360

FILM & TELEVISION

• ESPN, Fox and Warner Bros. Discovery to form sports streaming service venture (axios.com)
• A Manhattan federal judge tossed a proposed securities class action accusing Discovery of not telling investors about the flagging performance of WarnerMedia’s streaming service HBO Max prior to a $43 billion merger of the two media giants, saying the plaintiff pension funds have not adequately alleged any actionable omissions. Warner Bros. Discovery Beats Investors’ $43B Tie-Up Suit – Law360
• The 9^th Circuit has agreed with a lower court’s enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a CA film production company’s right to distribute in Latin America the movie Ava, starring Jessica Chastain. CORRECTED: 9th Circ. Nixes Mexican Movie Co.’s Award Challenge – Law360
• Streaming service Tubi must litigate a user’s proposed class suit claiming the company unlawfully shares her and others’ viewing history and personal information with advertisers, an IL federal judge has ruled, rejecting Tubi’s bid to either arbitrate or dismiss the claims. Tubi Can’t Tune Out Viewing History Privacy Suit – Law360

FASHION

• Adidas AG is urging an OR federal court to drop a suit accusing it of failing to disclose the potential damage caused by its partnership with musician Ye, formerly known as Kanye West, following the artist’s antisemitic comments, arguing its risk disclosures did not invoke a duty to disclose Ye’s prior misconduct. Adidas Looks To Kick Investor Suit Over Ye Contract – Law360
• An SDNY jury has ordered a luxury reseller to pay Chanel $4 million for selling unauthorized handbags. Chanel Wins $4M Verdict Against NYC Luxury Reseller – Law360

ARTIFICIAL INTELLIGENCE

• S. Patent and Trademark Office Director Kathi Vidal issued a memorandum saying the agency’s existing mechanisms are adequate to tackle attorney conduct — and misconduct — related to the use of artificial intelligence tools but promised to provide more guidance in the next few months. USPTO Promises Guidance On Atty Use Of AI Tools – Law360

MEANWHILE, IN HOLLYWOOD…

• A CA judge indicated that he’ll trim some claims from actress Leah Remini‘s lawsuit alleging the Church of Scientology organized a campaign of harassment, but suggested he’d preserve other key claims and criticized a Scientology unit’s efforts to avoid the religion’s leader being served. Church Of Scientology Fights Uphill To End Leah Remini Suit – Law360
• Actor Gina Carano, who played mercenary Cara Dune in the Star Wars spinoff series The Mandalorian, claims Disney unlawfully fired her from the role in retaliation for posting her personal political beliefs on social media, according to a lawsuit filed in CA federal court with financial backing from Elon Musk’s X Corp. Musk’s X Corp. Helps ‘Star Wars’ Actor Sue Disney Over Firing – Law360
• Business partners Snoop Dogg and Master P claim Post Foods LLC worked with Walmart to prevent sales of “Snoop Cereal,” despite signing a profit-sharing agreement to place the rappers’ product on shelves next to Post’s well-known cereal brands, according to a lawsuit filed in MN state court. Snoop Dogg Says Post, Walmart Sabotaged Cereal Brand – Law360
• A news website’s publication of a Ted Nugent photograph that went with an article titled “15 Signs Your Daddy Was a Conservative” was not fair use, the 4^th Circuit concluded in a published opinion, saying the Independent Journal Review did not add new meaning to the image. 4th Circ. Says Ted Nugent Pic On News Site Not Fair Use – Law360