K&C Sports & Entertainment Law Weekly Roundup - May 2024 #3

Sports:

• The parents of a Gainesville, Georgia high school baseball player who died after he was hit in the head at baseball practice have filed a lawsuit against the school system and his coaches. Parents suing over Gainesville HS baseball player’s death after batting cage accident – Fox 5 Atlanta
• Fitness equipment company Peloton urged a New York federal judge on Friday to toss a suit alleging it overstated the safety of its bikes before the U.S. Consumer Product Safety Commission recalled roughly 2.2 million Peloton products over a bike seat defect, saying the investors are trying to “manufacture” a case from a voluntary recall. Peloton Says Investors Are ‘Manufacturing’ Bike Recall Suit – Law360
• Two out of three former ESPN workers who sued the sports media company and its owner, The Walt Disney Co., claiming religious persecution after they were denied exemptions from their workplace’s COVID-19 vaccination requirement have dropped their claims, according to a Thursday notice filed in Connecticut federal court. ESPN Workers Drop Religious Bias Suit Over Vaccine Mandate – Law360
• The Department of the Interior responded on Monday to West Flagler Associates’ writ petition before the US Supreme Court regarding the legality of Florida sports betting. Feds Respond With Potential Florida Sports Betting SCOTUS Hearing Looming – LSR

NCAA

• An Ingham County judge dismissed a lawsuit brought against former Michigan State football coach Mel Tucker by the woman the school said he sexually harassed. Ex-Michigan State coach Mel Tucker wins court fight over release of text messages – USA Today
• Florida State is petitioning the NCAA for reduced penalties levied on the school for NIL rule violations related to football recruiting efforts that took place in spring 2022. FSU Petitions NCAA to Reduce CFB Penalties for 2022 NIL-Related Recruiting Violations – Bleacher Report

GOLF

• Scottie Scheffler was arrested, charged with felony assault and released from jail before shooting a stellar 5-under par at the PGA Championship on Friday in a whirlwind few hours that upended the typically staid world of professional golf. Scottie Scheffler arrested in alleged assault on police officer outside PGA Championship, then returns to ‘play some golf’ – CNN

NFL

• A three-judge panel of the Nevada Supreme Court ruled in favor of the NFL in its bid to force claims made by former Las Vegas Raiders coach Jon Gruden to be resolved in arbitration. Gruden accused the NFL and Commissioner Roger Goodell in a lawsuit of using leaked emails to “publicly sabotage Gruden’s career” and pressure him into resigning from his coaching job in October 2021. But in a ruling Tuesday that could represent a significant setback to Gruden’s case, two of the justices reversed a ruling by a lower court and sent the dispute into arbitration overseen by the NFL, as stipulated by league rules. Nevada’s top court sides with NFL over Jon Gruden, sends dispute to arbitration – The Washington Post

Entertainment:

MUSIC

• 2^nd Circuit judges shut down an appeal from a Miami rapper who says the Childish Gambino song “This Is America” bit off the flow from his own record “Made In America,” agreeing with a NY federal judge that the less successful rapper never protected the composition of his older song with a copyright. Appeals court upholds Childish Gambino victory in ‘This Is America’ copyright infringement case – Music Business Worldwide
• A CA federal judge ruled that the Internet Archive and the foundation that helps fund it must face a suit from record labels accusing the archive of copyright infringement by willfully copying and distributing thousands of protected recordings for free, saying the archive failed to show that the complaint was untimely. Federal court gives go-ahead on lawsuit against Internet Archive – CBS San Francisco (cbsnews.com)
• Donna Summer‘s estate has indicated that it is finalizing a settlement with rappers Kanye West and Ty Dolla $ign to resolve a copyright complaint that alleges the musicians sampled the legendary disco singer’s 1977 hit “I Feel Love” without permission. Donna Summer Estate Settles With Kanye West Over ‘I Feel Love’ (rollingstone.com)
• In a lawsuit against Spotify, the nonprofit the U.S. Copyright Offices uses to distribute royalties alleged that the audio streaming service’s new premium subscription package could cause illegal underreporting of royalties and cost songwriters and music publishers “hundreds of millions of dollars.” MLC Expands Blanket License Enforcement Campaign With Lawsuit Against Spotify (ipwatchdog.com)

FILM & TELEVISION

• The 10^th Circuit agreed to revisit an appeal from Netflix regarding a copyright complaint about its docuseries Tiger King, after filmmakers and others told the appeals court it had misapplied SCOTUS precedent. Netflix wins second chance to appeal ‘Tiger King’ copyright ruling | Reuters
• AI startup Lovo has been stealing actors’ voices for its AI-driven voice-over software, voice actors Paul Lehrman and Linnea Sage alleged in a proposed class action after they unexpectedly heard Lehrman’s voice used in a podcast about the potential dangers of AI technology. Berkeley Startup Accused of Stealing Actors’ Voices to Create AI Tool (variety.com)
• Viacom International Inc. accused an apparel and toys company in NY federal court of profiting off products that infringe its trademarks for Teenage Mutant Ninja Turtles and Avatar: The Last Airbender, among other intellectual properties. Viacom Sues Apparel Co. Over ‘TMNT,’ ‘Avatar’ Products – Law360
• Alec Baldwin‘s attorneys urged an NM state judge during a hearing to throw out involuntary manslaughter charges against the actor in the Rust movie shooting, arguing prosecutors misled the grand jury in the case. Alec Baldwin ‘Rust’ Manslaughter Indictment Raises Judge’s Doubts (variety.com)

MEANWHILE, IN HOLLYWOOD…

• Law & Order actor Angie Harmon has filed a lawsuit against Instacart and a delivery driver who she claims shot and killed her dog while delivering groceries to her home, according to the complaint lodged in NC state court. Actor Angie Harmon sues Instacart and its delivery driver for fatally shooting her dog – CBS News
• Angelina Jolie may have to disclose many of the nondisclosure agreements she’s signed to Brad Pitt‘s legal team in the former couple’s dispute over a multimillion-dollar French winery, an L.A. judge said in a tentative ruling. Angelina Jolie could be forced to reveal past NDAs in winery fight with Brad Pitt | Courthouse News Service
• A liquor business consultant has told a NY state court that Curtis “50 Cent” Jackson and the rapper’s general counsel violated federal and NJ wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act. 50 Cent Faces $4 Million Lawsuit and Allegations of Wiretapping (digitalmusicnews.com)
• WWE is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause. WWE Files Memorandum Of Law, Supporting Case For Arbitration In Janel Grant Lawsuit (wrestlinginc.com)