K&C Sports & Entertainment Law Weekly Roundup (July 16, 2024)

Sports:

• Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they pursue mediation. Dick’s, Customer Want Golf Net Suit Stayed For Mediation – Law360
• A Pennsylvania man accused of making more than $800,000 from insider trading of Dick’s Sporting Goods securities pleaded guilty, federal prosecutors announced on Thursday. Sixty-two-year-old Frank Poerio pleaded guilty to four counts of securities fraud in front of a district judge, United States Attorney Eric G. Olshan said in a news release. Pittsburgh-area man pleads guilty to insider trading of Dick’s Sporting Goods securities – CBS

Sports Betting

• An Indiana man claiming he was cheated out of a $150,000 payday has sued DraftKings over its decision to void bets on an October NBA game, with the online betting giant moving the proposed class action to federal court this week. DraftKings’ Voided NBA Bets Spark Lawsuit In Fed. Court – Law360

NCAA

• College athletes whose efforts primarily benefit their schools may qualify as employees deserving of pay under federal wage-and-hour laws, a U.S. appeals court ruled Thursday in a setback to the NCAA. The court, in the latest challenge to the NCAA’s long-held notion of “amateurism” in college sports, said that a test should be developed to differentiate between students who play college sports for fun and those whose effort “crosses the legal line into work.” Court ruling seeks test to decide if athletes are employees – ESPN
• Clemson University filed a notice of appeal regarding its lawsuit with the ACC to the North Carolina Supreme Court on Thursday morning. This filing came after North Carolina judge Louis A. Bledsoe III denied the school’s motion to stay and rejected, in part, its motion to dismiss the Atlantic Coast Conference’s countersuit Wednesday. He made his ruling after a hearing between both parties on July 2 at the Mecklenburg County Courthouse in Charlotte. Clemson appeals to North Carolina Supreme Court after judge’s unfavorable ruling in suit vs ACC – The Palm Beach Post

NFL

• Lawyers for retired NFL quarterback Brett Favre asked a federal appeals court Tuesday to revive a defamation lawsuit Favre filed against a fellow Pro Football Hall of Fame member, former tight end Shannon Sharpe, amid the backdrop of a Mississippi welfare scandal that is one of the state’s largest public corruption cases. Brett Favre is asking an appeals court to reinstate his defamation lawsuit against Shannon Sharpe – AP
• Retired NFL quarterback Brett Favre has sustained a significant blow in his fight to prove his innocence in the Mississippi welfare case. Favre has been under scrutiny for some time as he has been linked to around $8 million of misappropriated welfare funds. The Pro Football Hall of Famer has maintained that he has done nothing wrong but will have to try to prove that without the influence of his lead attorney. The lawyer, Daniel Koevary, has been removed from the case. Hinds County Circuit Court Judge E. Faye Peterson stated that Brett Favre’s legal counsel has exhibited a “pattern and practice of delicate deception with ongoing misapplication of this State’s case law.” REPORT: Hall Of Famer Brett Favre Suffers Significant Blow In Mississippi Welfare Case That Could Ruin His Chances – Total Pro Sports

Entertainment:

MOVIES & TELEVISION

• Alec Baldwin wept and hugged his attorneys after an NM state judge threw out involuntary manslaughter charges against the actor in the Rust shooting case, finding that prosecutors willfully withheld key ammunition evidence from the defense. Alec Baldwin “Rust” shooting case dismissed over withheld evidence | Reuters
• A 10^th Circuit panel that cited the SCOTUS’s Warhol decision in holding that Netflix could not dodge a copyright complaint for including a funeral video clip in its Tiger King docuseries sounded more skeptical about the plaintiffs’ arguments during a rehearing, grilling counsel about why the short video was not fair use. 10th Circuit reconsiders fair use of ‘Tiger King’ footage | Courthouse News Service
• The 9^th Circuit affirmed a lower court’s ruling that a Chubb unit does not owe the production company behind The Morning Show $44 million in pandemic-related losses, ruling that the policy’s provision for “imminent direct physical loss or damage” did not apply to the “potential presence” of coronavirus in the facility. 9th Circ. Won’t Cancel Chubb’s ‘Morning Show’ COVID-19 Win – Law360

MUSIC & FASHION

• Nirvana, Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana’s “smiley face” logo, according to a joint report filed in CA federal court. Nirvana, Marc Jacobs to settle lawsuit over smiley-face logo | Reuters
• The Steve Madden brand pushed back against a lawsuit in CA federal court from Skechers alleging that one of Steve Madden’s companies, Dolce Vita Footwear, infringed its trademark and design patent rights, rejecting Skechers’ contention that its “S” marks are famous. Steve Madden Blasts Skechers’ TM Suit Over Shoes – Law360
• Gibson must retry its case alleging a rival guitar maker sold counterfeit instruments that infringed its trademark on the Flying V guitar and other iconic models, the 5^th Circuit ruled, saying the district court improperly excluded evidence. Dean claims to have overturned Gibson trademark verdict on appeal (guitar.com)
• The Beastie Boys can’t stand it. Chili’s parent company has allegedly been using the band’s 1990s hit “Sabotage” in social media videos to promote the restaurant chain without permission, and the band wants it to stop, according to a complaint filed in Manhattan federal court. The Beastie Boys sue Chili’s parent company over alleged misuse of ‘Sabotage’ song in ad | AP News

VIDEO GAMES

• A CA federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea. Pokemon Go Maker Escapes Gaming Patent Suit – Law360

MEANWHILE, IN HOLLYWOOD…

• Manhattan prosecutors said November is a “realistic” date for Harvey Weinstein‘s retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September. Harvey Weinstein Faces New Rape Allegations in Trial This Fall (variety.com)
• Josh Klinghoffer, a former guitarist for the Red Hot Chili Peppers and current touring member of Pearl Jam, is accused of hitting and killing a pedestrian in a crosswalk while driving a sport utility vehicle and distracted by his cellphone, in a lawsuit filed in Los Angeles County. Josh Klinghoffer, Pearl Jam and Red Hot Chili Peppers guitarist, accused of distracted driving in pedestrian’s death (nbcnews.com)
• Actor Jay Johnston pled guilty to a felony count of obstructing officers during civil disorder for his role in the Jan. 6 attack at the US Capitol. Jay Johnston: Actor known for roles on ‘Bob’s Burgers,’ ‘Arrested Development’ pleads guilty over role in Capitol attack | CNN Politics
• Atlanta rapper Young Thug has called for the removal of two Fulton County prosecutors from his racketeering trial, arguing that a transcript of a secret meeting involving those prosecutors, a GA state judge and a key witness has revealed they unethically persuaded the witness to reconsider and testify against the rapper. Young Thug’s lawyer files supplemental motion to remove judge, prosecutors (fox5atlanta.com)
• Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit claiming infringement of intellectual property rights it holds in The Simpsons animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe’s Tavern from the popular show. Ah, Geez! Fox Sues Pop-Up For Copying ‘The Simpsons’ Pub – Law360