Sports Litigation Alert Sample Issue
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January 29, 2021
Case Summaries
Soccer Coach Obtains Partial Victory in Lawsuit Against University
By Jordan B. Rosenberg, Esq. Former University of Montana soccer coach obtained a partial victory on his claims for defamation and tortious interference, as Montana’s highest court reversed and remanded the lower court’s decision in part. The Montana Supreme Court...
First U.S. Circuit Court of Appeals Upholds Legal Internet Gaming
The First U.S. Circuit Court of Appeals has upheld the findings of a lower court, which had found that a 1961 statute aimed at stopping organized criminal sportsbooks does not prohibit states from licensing operations to take internet bets on casino games and poker....
Tattoo Copyright Lawsuits Trace Out Fair Use Standards in Sport Franchises
By Kevin Wenzel, GWU 3L A ruling in the Southern District of New York has elucidated the boundaries of copyright protection when it comes to including professional athletes’ tattoos to depict their likeness in video games. Solid Oak Sketches, LLC., a tattoo licensing...
Brandt v. Davis: Injured College Softball Player Loses Civil Case
By Nicholas Barrios & Jeff Birren, Senior Writer Few human activities are free from injuries, especially sports. So many injuries occur during athletic participation that many courts have increased the barrier for a plaintiff to be able to pursue redress for...
Washington State Appeals Court Affirms Ruling that School District Fulfilled Its Duty in Concussion Case
An appeals court in the state of Washington has affirmed a lower court’s ruling that a school district and its employees did not breach their duty of care after a student suffered head injuries, including a concussion, while riding on an amusement park ride on a...
Articles
International Skating Union v. European Commission: What could be more competitive than sport?
By: Daniel L. Weiss and Iseult Derème The very essence of sport is competition. Most sporting activities require cooperation and rules to turn the efforts of individuals into organized teams, contests, leagues and championships. On December 16, 2020, the General Court...
Examining the Legal Landscape Involving Amateurism and the NCAA
By Alex Sinatra According to the National Collegiate Athletic Association (NCAA), it is a member-led organization dedicated to the well-being and lifelong success of college athletes[1] . It was founded in 1906 as the Intercollegiate Athletic Association of the United...
Mount Everest Guide Sued for Fraud and Breach of Contract
By Jon Heshka, Associate Professor at Thompson Rivers University Mountains were formerly thought of as a refuge of scoundrels. From Warren Harding’s iconoclastic first ascent of The Nose on El Cap in Yosemite to Osama Bin Laden hiding in the mountains in eastern...
A Former Miami Dolphin Accountant’s Claim That His Employment Status Was Intentionally Misclassified, May Not Add Up in Federal Court
By Robert J. Romano, Assistant Professor at St. John’s University On December 31, 2020, Ronald Katz, an accountant who once served as a vice president for the Miami Dolphins, filed a six-count federal lawsuit in the United States District Court, Southern District of...
Ifrah’s George R. Calhoun Discuss Sports Betting and Pivotal Case Law
By Ellen M. Zavian, Esq. (Editor’s Note: This interview appeared in the recent issue of My Legal Bookie, a complimentary subscription publication produced by Hackney Publications.) George Calhoun is the attorney who rolls up his sleeves and gets in the trenches when...
Facing Title IX Lawsuit, East Carolina University Agrees to Reinstate Sports Programs, Develop Gender Equity Plan
East Carolina University (ECU) has agreed to reinstate its women’s swimming, diving, and tennis teams, develop a gender equity plan, which would bring it into full compliance with Title IX and avoid a threatened class action sex discrimination lawsuit. On May 21,...
Jackson Lewis Reinforces Title IX Legal Team with New Hires
Jackson Lewis P.C., one of the country’s leading workplace law firms, has announced the addition of Principal Josh Whitlock and Of Counsel Sarah Ford Neorr, both formerly of Parker Poe. “Josh and Sarah will significantly enhance the depth and breadth of our Higher...
Can a Trainer Can Be Liable for a Fighter Getting CTE?
By Erik Magraken, of https://combatsportslaw.com/ Chronic Traumatic Encephalopathy (“CTE”) is the brutal, degenerative and incurable brain disease linked to repeated head trauma. Cases of the disease are linked to basically all contact sports and mixed martial arts is...
Hornets Name Tamara Daniels SVP and General Counsel
Hornets Sports & Entertainment (HSE) has announced that the organization has named Tamara Daniels Senior Vice President & General Counsel. Daniels, who will serve as a part of HSE’s executive leadership team and will advise and counsel across all areas within...
News Briefs
Bellarmine University Welcomes Sports Lawyer to Compliance Staff
Brandon Talbert has joined the Bellarmine University athletics department as an Assistant Director of NCAA Compliance. Talbert comes to Bellarmine after spending a year at the University of Central Florida as an athletics compliance coordinator. Prior to his time at...
USA Swimming Condemns Former Gold Medal Winner for Role During the U.S. Capitol Insurrection
USA Swimming has issued the following statement about gold medal winner Klete Keller, whose involvement in the insurrection has been widely reported: “Since first learning of Mr. Keller’s possible involvement in the events of January 6, and awaiting official...
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