K&C Sports & Entertainment Law Weekly Roundup (December 5, 2023)

Sports:

• A state appellate court’s ruling that “Pennsylvania Skill Games” aren’t illegal gambling could have repercussions for the state’s legal gambling industry, enforcers hunting illegal gambling machines, and “skill games” operators around the country. ‘Skill Games’ Ruling Could Chill Gambling Crackdowns – Law360
• UFC fighters assailed the company for trying to avoid trial next year on antitrust claims alleging it suppressed wages by up to $1.6 billion through coercive, exclusive contracts and the purchase of rival promoters, telling an NV federal judge UFC’s arguments for dismissal are deeply contradictory. Fighters Say UFC Can’t Avoid Wage Suppression Trial – Law360

NCAA:

• Florida State Seminoles head coach Mike Norvell thought there was no conversation about whether the team would get into the College Football Playoff after Saturday’s ACC Championship win over Louisville. As it turned out Sunday, he was very wrong. The College Football Playoff Committee chose to elevate Alabama to No. 4 and put Florida State at No. 5 after the Crimson Tide topped Georgia for the SEC Championship. Florida State’s Mike Norvell eviscerates CFP officials after snub: ‘Disgusted and infuriated’ – Fox News
• The University of Washington said a state trial court decision that booted 10 departing schools off the Pacific 12 Conference board misread conference rules and could lead to “absurd results,” including a conference with no members. Pac-12 Ruling Could Have ‘Absurd Results,’ U. Of Wash. Says – Law360
• The members of two women’s teams at the University of Oregon filed a federal sex discrimination class action against the institution, accusing it of violating Title IX by treating its male athletes — especially the football team — “shockingly better” than its female athletes. Title IX Suit Against U. Of Oregon Claims ‘Glaring’ Inequalities – Law360
• A former defenseman on the University of Michigan hockey team sued a watchdog website in MI federal court Friday, accusing the site of falsely smearing him as antisemitic and tanking his reputation. Ex-Mich. Hockey Player Sues Over Antisemitism Accusation – Law360
• A CA federal magistrate judge said that she intends to cut breach of contract claims “for sure” from ex-University of San Francisco baseball players’ lawsuit alleging that former coaches created a sexually charged team environment, saying the players are “sandwiching” the claims into what is essentially a tort case. Ex-USF Ballplayers’ Sex Harassment Suit Faces Trims Again – Law360
• The Brandr Group LLC on Thursday dropped its lawsuit against video game giant Electronic Arts Inc. over its use of college athletes’ names, images and likenesses in an upcoming video game. Brandr, a brand management agency, voluntarily dismissed the suit, which was initially filed in California federal court in June, without prejudice on Thursday. Brandr Drops Suit Against EA Over NIL Video Game Battle – Law360

NFL:

• The National Football League has urged the 2^nd Circuit to dismiss an appeal of a lower court’s decision to compel arbitration by former Miami Dolphins head coach Brian Flores and others for portions of their racial discrimination suit, arguing they have no right to such an appeal under federal arbitration law. NFL Says Flores Can’t Ask 2nd Circ. To Undo Arbitration Move – Law360
• An NFL retirement and disability plan has asked a FL federal court to nix a lawsuit from a former Tampa Bay Buccaneers defensive end who claims he wrongly missed out on a high level of injury benefits, arguing the player didn’t exhaust administrative remedies before filing his complaint. Ex-NFL Player Never Properly Challenged Benefits, Plan Claims – Law360
• Former NFL quarterback Brett Favre plans to appeal to the 5^th Circuit as he tries to keep alive his defamation suit against commentator Shannon Sharpe for comments the ex-tight end made on Fox Sports regarding Favre’s ties to an MS welfare scandal. Favre Taking Sharpe Defamation Suit To 5th Circ. – Law360

Entertainment:

MUSIC

• The victims of the 2021 Astroworld festival will have to narrow their request for documents related to the criminal investigation into the crowd crush before the Houston Police Department is required to turn the files over, a TX judge has ruled. Astroworld Victims Must Narrow Requests For Police Docs – Law360
• An MI probate judge has decided that a 2014 handwritten document found in Aretha Franklin‘s couch cushion is the controlling will for her estate, setting up the late singer’s youngest son to get the “crown jewel” of her estate, a Detroit-area home worth more than $1.1 million. Aretha Franklin’s Youngest Son To Get ‘Crown Jewel’ House – Law360
• Amazon-backed AI developer Anthropic has asked a TN federal judge to music publishers’ allegations that Anthropic ripped off their song copyrights, arguing that the complaint is a “negotiating tactic disguised as a federal complaint.” Amazon-Backed AI Co. Slams Music Publishers’ Tenn. IP Suit – Law360

MOVIES & TV

• This week, a CA federal court will host a jury trial over allegations that Disney owes profits from the billion-dollar Emma Watson blockbuster Beauty and the Beast remake to ex-Microsoft executive Steve Perlman‘s digital effects company for infringing copyright-protected software to make the movie’s live-action Beast. IP Forecast: Beauty And The Copyright-Protected Beast – Law360
• A CA federal judge has rejected a screenwriter’s allegations that Twentieth Century Fox, Disney and Creative Artists Agency ripped off a script he pitched to them in the process of developing 2019’s Ad Astra, ruling that the “undisputed facts” warrant siding with the companies. 20th Century, CAA Defeat Writer’s Suit Over ‘Ad Astra’ Script – Law360

BOOKS & VIDEO GAMES

• A group of book vendors fending off several state agencies’ attempt to overturn a judge’s decision to enjoin a TX law that would require certain booksellers to rate works based on their references to sex told the 5^th Circuit the statute is a “unicorn” that imposes an “impossible task” on vendors. Book Rating Law Burdens The ‘Middlemen,’ 5th Circ. Told – Law360
• A Chinese game controller designer asked an MI federal judge to force a competitor to take its colorful controllers off the market, saying the rival’s allegedly infringing models have cut his sales almost in half. Game Controller Maker Says Competitor Ripped Off Designs – Law360

MEANWHILE, IN HOLLYWOOD…

• Actor Sofia Vergara is being sued by a construction company alleging that she and her business partner, both of whom run a trust that owns a $26 million Beverly Hills mansion, refused to pay the plaintiff over $1.7 million for property renovations. Sofia Vergara Owes $1.7M For Mansion Reno, Contractor Says – Law360
• Kelly Clarkson‘s former manager and ex-husband has been ordered to return $2.6 million in commissions arising from claims he unlawfully procured jobs for the singer, including a judging spot on The Voice, according to a notice of appeal filed in CA state court. Kelly Clarkson’s Ex Ordered By Calif. Agency To Return $2.6M – Law360
• A CA appellate justice quizzed counsel for a woman who claims she was sexually assaulted by Marilyn Manson on whether the court must accept at the pleading stage her “improbable” claim that she suppressed the memory for 10 years, posing a hypothetical involving mind-controlling alien abductors. Alien Abductors Land In Marilyn Manson Accuser’s Appeal – Law360