K&C Sports & Entertainment Law Weekly Roundup (April 23, 2024)

Sports:

• The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs. The justices without comment said they would not take up the soccer organization’s challenge to a decision last year that revived the case, which was brought by New York-based promoter Relevent Sports. US Supreme Court won’t hear U.S. Soccer case over hosting foreign matches – Reuters

NCAA

• The College Basketball Players Association filed an unfair labor practice charge Thursday with the National Labor Relations Board, accusing Notre Dame of violating the National Labor Relations Act by classifying college athletes as student-athletes instead of employees. According to its website, the CBPA advocates for college basketball players’ rights. Notre Dame Illegally Classified College Athletes, Group Claims – Law360
• Virginia Gov. Glenn Youngkin signed an NIL bill into law on Thursday that could significantly change the college sports landscape. Effective July 1, schools in Virginia can directly pay student-athletes for Name, Image, and Likeness. The law that Youngkin signed on Thursday made it illegal for the NCAA to punish a school for compensating athletes for their NIL rights. Virginia Governor Signs NIL Law That Could Significantly Change College Sports Landscape – Sports Illustrated
• A divided Fourth Circuit panel sided with a transgender student-athlete Tuesday, finding West Virginia’s ban constitutes gender identity discrimination. Fourth Circuit finds West Virginia ban on transgender athletes unconstitutional – Courthouse News Service

NFL

• Former Washington Commanders minority owner Robert Rothman accuses Bank of America (BOA) and associated banking entities of engaging in constructive fraud by “surreptitiously” helping former majority owner Daniel Snyder secure minority shares “at a rate far below market value,” a complaint filed last Friday in a Florida federal court alleges. Ex-Commanders Minority Owner, Banks Spar Over Team’s Sale – Sportico

NBA

• Toronto Raptors player Jontay Porter was banned for life from the NBA on Wednesday after a league probe found he disclosed confidential information to sports bettors and wagered on games, even betting on the Raptors to lose. Porter is the second person to be banned by Commissioner Adam Silver for violating league rules. The other was now-former Los Angeles Clippers owner Donald Sterling in 2014, shortly after Silver took office. NBA bans Jontay Porter after gambling probe shows he shared information, bet on games – AP

Entertainment:

FILM & TELEVISION

• A pair of House Democrats have raised concerns over plans by ESPN, Fox and Warner Bros. Discovery to combine their vast live sports portfolios into a single app, pressing the programmers for details to ensure the joint venture won’t increase consumer prices and degrade licensing terms for leagues and distributors. Sports Streaming Service From Disney, Fox & Warner Discovery Scrutinized By Congress (deadline.com)
• Movie theater chain Cinemark USA Inc. is ripping off customers by lying about its purported 24-ounce drink sizes when in reality, the plastic containers can only hold 22 ounces of liquid, according to a proposed class action filed in TX federal court. Cinemark Accused of Misrepresenting Size of 24 Oz. Cups in Texas Lawsuit (yahoo.com)
• Universal Studios has settled a false advertising suit from two men who rented the film Yesterday after watching a trailer in which Ana de Armas appeared, only to realize after watching it that her role had been left on the cutting room floor. ‘Yesterday’ Trailer Settlement: Universal Settles Ana de Armas Lawsuit (hollywoodreporter.com)
• A lawyer for Jimmy Kimmel told a Manhattan federal judge that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.  ABC, Jimmy Kimmel argue fair use protects videos mocking George Santos | Courthouse News Service

ART & VIDEO GAMES

• An OH federal jury found for the makers of the video game series NBA 2K, which were accused by a tattoo artist of infringing copyrights he has on tattoos that he inked on LeBron James and other basketball players. LeBron James tattoo artist loses trial against ‘NBA 2K’ maker Take-Two | Reuters