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

Sports:

• Streaming service Fubo has told a NY federal court that ESPN, Fox, and Warner Bros. Discovery are teaming up with others to knock down its “sports-first streaming business,” but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition. ESPN, Fox, Hulu Oppose Bid To Block Sports Streaming JV – Law360

OLYMPICS

• A storm of outrage about the Paris Olympics’ opening ceremony — including angry comments from Donald Trump — took a legal turn, with a DJ who performed at the show saying her lawyer is filing complaints over a torrent of threats and other abuse that the LGBTQ+ icon has suffered online in the ceremony’s wake. Olympic opening ceremony DJ filing legal complaints for online abuse – Chicago Sun-Times (suntimes.com)

NCAA

• The NCAA, its five power conferences, and lawyers representing a class of Division I athletes filed the detailed terms of an antitrust lawsuit Friday that has the potential to reshape the business of college sports. Court filing reveals terms of NCAA antitrust lawsuits settlement – ESPN
• Former Michigan State University football coach Mel Tucker has filed a suit against the school’s top administrators alleging they fired him over baseless sexual harassment allegations to protect their own jobs after the Larry Nassar debacle. Football coach Mel Tucker sues MSU after firing (usatoday.com)
• The NCAA has urged an NC federal judge to keep in place its rules barring college athletes from collecting outside prize money during a lawsuit challenging their legality, arguing the case is simply about money, not pressing circumstances. NCAA Wants Prize-Money Restrictions In Place During Suit – Law360
• National Labor Relations Board prosecutors urged an agency judge to find that players on the University of Southern California‘s football and basketball teams are employees under federal labor law, arguing their status as students doesn’t mean they aren’t workers. NLRB Prosecutors Make Employee Case For USC Athletes – Law360

NFL

• A CA federal judge overturned a Los Angeles jury’s $4.7 billion verdict against the National Football League for violating antitrust laws with its Sunday Ticket television package, granting the league a post-trial win by finding that the plaintiffs’ damages experts presented “flawed methodologies.” Judge rules for NFL, overturns $4.7B ‘Sunday Ticket’ verdict – ESPN

NBA

• Warner Bros. Discovery filed a lawsuit against the NBA, alleging that the league breached its contract by declining its offer for a new media rights deal and instead signing with Amazon. Warner Bros. Discovery sues NBA over losing rights to Amazon – ESPN
• The Sacramento Kings‘ insurer said it is entitled to an early win in a coverage dispute over pandemic-related losses that the basketball team and its arena operator incurred, telling a CA federal court that the losses don’t meet the policy requirement of “physical loss or damage” to property. Insurer Wants Quick Win In NBA Team’s Virus Coverage Suit – Law360

Entertainment:

MUSIC

• GA prosecutors said it would be “egregious abuse” of the court’s discretion to grant Atlanta rapper Young Thug‘s request to have them disqualified from the racketeering trial because of a secret meeting with the judge and a witness, arguing that this is an unwarranted request that seeks to delay the already longest trial in state history. Young Thug, YSL Rico Trial: New judge hearing multiple motions Tuesday (fox5atlanta.com) Meanwhile, the judge in the case -who is the 3rd since the case began -ruled that there will be no mistrial on grounds of judge substitution, but said rulings on other mistrial motions are still to come. Young Thug Denied Mistrial and Bond By New Judge In YSL RICO Case – The Source
• British pop rock band The 1975 are being sued by the organizers of a Malaysian music festival which was shut down after the group’s frontman kissed a male band mate onstage and criticized the country’s anti-LGBTQ laws. The 1975 sued for $3.76 million over ‘gay kiss’ that got Malaysia’s Good Vibes Festival cancelled – ABC News
• Tekashi 6ix9ine should pay a Miami rapper more than $73,000 in copyright infringement damages plus attorney fees, a NY federal judge has recommended, finding that default judgment is appropriate because 6ix9ine has willfully failed to litigate the suit. 6ix9ine Hit With Harsh Penalty Following “Stoopid” Copyright Judgement (hotnewhiphop.com)
• An NC songwriter has dropped her lawsuit accusing rapper French Montana of failing to fork over cash for using her music as promised, according to a court filing. NC Musician Ends Unpaid Sample Suit With French Montana – Law360

FILM & TELEVISION

• Netflix urged a CA federal judge to toss a Scottish lawyer’s $170 million lawsuit alleging the streaming giant’s popular stalker miniseries Baby Reindeer defamed her, with the show’s creator stating in a declaration it is an “emotionally true” fictionalized work he wrote after being stalked by the lawyer for years. Richard Gadd Backs Netflix to Get ‘Baby Reindeer’ Lawsuit Dismissed (hollywoodreporter.com)
• The validity of a purported $43 billion takeover offer for Paramount Global from Apex Capital is being called into question, after the press release service that published the announcement removed it. Announcement of $43 Billion Rival Bid for Paramount Appears to Be Hoax (variety.com)
• Netflix has been hit with a wrongful firing suit in CA state court by a former employee who accused it of fostering a workplace environment that’s “very sexual in nature,” requiring that employees engage in one-on-one meetings that are “nothing more than speed dating” and that subjected her to unwanted advances. Netflix COVID Mandate Lawsuit: Jessica Combs Sues Over Vaccine Policy (hollywoodreporter.com)
• Audio technology company Dolby International AB accused Roku in a federal lawsuit of infringing copyrights and a patent in its streaming service software “on a massive scale” and then fraudulently concealing it. Dolby sues Roku over technology in streaming software | Reuters

ART & FASHION

• Guess and Macy’s have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a CA federal judge. Guess, Macy’s Settle IP Suit Over Artists’ Graffiti Work – Law360

MEANWHILE, IN HOLLYWOOD…

• The Simpsons creator Matt Groening and his wife didn’t do anything to stop the sexual harassment their former house manager told them she faced, while also cheating her out of wages, the worker said. The Simpsons creator Matt Groening sued by ex-employee who says he and wife ‘failed’ to prevent sexual harassment | Daily Mail Online
• A Los Angeles judge on granted Creative Artists Agency’s motion to toss Empire star Terrence Howard‘s claims alleging the talent agency’s conflicting interests led him to accept a salary below industry standards but gave him another chance to amend the claims to address issues over the statute of limitations. CAA Beats ‘Empire’ Actor’s Fraud Suit, But He Gets Take 3 – Law360