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

Sports:

• A swimmer who broke his ankle in a 2017 race organized by a Malibu beach club had his negligence lawsuit against the club owners restored, after a California state appeals court ruled that a retired lifeguard captain’s declaration that conditions were hazardous raised a legitimate dispute regarding whether the club boosted the inherent swimming risks. Beach Club Must Face Swim Racer’s Injury Suit – Law360
• Athletic apparel giant Varsity Brands LLC is on the verge of settling an explosive Florida lawsuit that accused the company and its various subsidiaries of aiding and obfuscating sexual abuse of underage cheerleaders, according to Wednesday federal court filings. Varsity Brands To Settle Fla. Cheerleader-Abuse Case – Law360
• An employee of a Connecticut racing team who was seriously injured in a tire explosion at a NASCAR track is claiming his employer threatened to fire him if he attempted to file for workers’ compensation, according to a complaint filed in Connecticut state court. Racing Co. Worker Sues Over Tire Explosion Comp Pay – Law360
• An attorney for Nike told a Third Circuit panel on Wednesday that a federal court’s faulty definition of what constituted “willful” infringement of another company’s trademark should erase a 2021 jury verdict against the sportswear giant. Nike Says Bad Concept Of ‘Willful’ Undoes Jury’s TM Verdict – Law360
• Bally Sports Network parent Diamond Sports Group LLC said Wednesday it has reached a “comprehensive” deal for a debt-for-equity Chapter 11 restructuring plan, a $495 million settlement with its own parent company, and a future streaming partnership with Amazon. Bally Sports Parent Strikes Ch. 11 Plan Deal With Amazon – Law360

NCAA:

• The Ninth Circuit declined to undo a lower court’s certification of classes in a name, image and likeness rights lawsuit that the NCAA fears could lead to “devastating consequences” if it is required to pay more than $4 billion in compensation to college athletes. 9th Circ. Blocks NCAA’s Appeal Of Class Cert. In NIL Suit – Law360
• The NCAA faces a growing list of opponents after the U.S. Department of Justice, multiple states and D.C. on Thursday joined seven other states challenging the group’s rule that prevents some athletes from competing when they transfer colleges. DOJ, 3 States Join Antitrust Suit Over NCAA’s Transfer Rule – Law360
• The University of Florida is under NCAA investigation a year after a failed name, image, and likeness deal worth more than $13 million with former signee Jaden Rashada. The Gators released the NCAA’s notice of inquiry Friday to The Associated Press and the Tampa Bay Times after the newspaper’s lawyers got involved. Both news agencies filed public records requests under the Freedom of Information Act last October. Florida under NCAA investigation year after failed NIL deal with QB signee Jaden Rashada – USA Today

NBA:

• A New York federal judge denied a former NBA player’s motion for acquittal or a new trial in the federal government’s health fraud conspiracy case alleging players submitted fake invoices to the league’s health plan with the help of medical professionals involved with the scheme. Ex-NBA Player’s Bid For Health Fraud Trial Do-Over Rejected – Law360

Entertainment:

MUSIC

• A buyer of music songwriting rights has pushed back against arguments from pop star Ed Sheeran that allegedly copied musical elements were not infringing because they were not included in the copyrighted sheet music, telling the 2^nd Circuit the sheet music shouldn’t limit what portions of songs are protected. Music Co. Says Sheet Music Shouldn’t Protect Ed Sheeran – Law360
• Two Madonna fans sued her, Live Nation, and the Barclays Center in NY federal court, alleging consumers were “lulled” into buying tickets expecting to see the singer at 8:30 p.m. in Brooklyn, but then she was two hours late taking the stage. Madonna Fans Express Themselves With Suit Over Late Show – Law360
• A Michael Jackson tribute act sued the co-executors of the late singer’s estate on in NV federal court, asking for an order declaring that the act’s Las Vegas show and logo does not infringe the estate’s trademarks. Michael Jackson Tribute Act Sues Estate In Trademark Dispute – Law360
• A recently introduced TN bill would modify the state’s laws banning unauthorized copies of artists’ works to cover musicians, their voices and their songs. New Tenn. Bill Would Extend AI Laws To Musicians – Law360

MOVIES & TELEVISION

• A TX appellate court seemed conflicted on whether exceptions in the state’s anti-SLAPP statute apply to motions for sanctions as it weighed whether a Houston court was right in denying a bid from the producers of the Netflix reality show Love is Blind to get out of an assault and negligence suit brought by a season five contestant. Texas Panel Weighing TCPA Carveouts In ‘Love Is Blind’ Row – Law360
• The Rust shooting case took another unexpected turn during a hearing, when an attorney for the film’s prop weapons armorer accused prosecutors of sharing privileged text messages outlining the defense’s trial strategy with a key witness for the state. ‘Rust’ Armorer Says Prosecutors Violated Atty-Client Privilege – Law360. Meanwhile, nearly 9 months after prosecutors threw out charges against Alec Baldwin, he is facing new charges related to the Rust shooting, as an NM grand jury has indicted him on involuntary manslaughter charges. Alec Baldwin Charged Again In ‘Rust’ Shooting – Law360

FASHION & VIDEO GAMES

• In a colorful complaint, renowned graffiti artists Nekst and Bates hit Guess and Macy’s with a copyright action in CA federal court, accusing the apparel retailers of hawking T-shirts that prominently feature their work and names without authorization in an attempt to “lend credibility and an air of urban cool.” Guess, Macy’s Sued By Artists Over Graffiti Art On T-Shirts – Law360
• Electronic Arts lost its bid to arbitrate a proposed class action from a minor who said the Apex Legends creator tricks users into buying digital currency in the game after a CA appeals court determined the minor clearly disaffirmed any agreement he entered with the company, including arbitration. Electronic Arts Can’t Arbitrate Minor’s Game Purchase Suit – Law360

MEANWHILE, IN HOLLYWOOD…

• A massage therapist has sued incarcerated former media mogul Harvey Weinstein and New York Knicks owner James Dolan in CA federal court, alleging both men separately sexually assaulted her during her time working on tour for the rock band The Eagles. Weinstein, NY Knicks Owner Hit With Sexual Assault Suit – Law360
• British spirits maker Diageo announced that it reached a settlement with Sean “Diddy” Combs in which the rapper and music producer agreed to dismiss his racial discrimination suit in NY state court, which claimed the company treated him and his brands “worse than others because he is Black.” Diddy Settles Racism Claims Against Liquor Giant Diageo – Law360
• A CA judge on Friday allowed actress Leah Remini to supplement allegations against the Church of Scientology to outline specific wrongdoing against a co-defendant, brushing aside objections from the nonprofit’s attorney that it violates his client’s First Amendment right to seek a speedy end to her suit. Remini Can Amend Allegations Against Scientology Nonprofit – Law360