K&C Sports & Entertainment Law Weekly Roundup (November 27, 2023)

Sports:

• Medical technology company Smith & Nephew PLC has agreed to acquire sports medicine technology startup CartiHeal for up to $330 million to boost its sports medicine business and knee repair products. Smith & Nephew To Buy Sports Med Tech Startup For $330M – Law360
• Two FL casino operators want more time to petition the Supreme Court for a review of their case as they try to stop the Seminole Tribe from relaunching its online sports betting app, saying a state court battle will affect the content of their eventual high court filing. Fla. Casinos Seek High Court Extension Because Of State Suit – Law360
• An NC federal court judge has dismissed employment retaliation claims against Harrah’s and Caesars Entertainment Inc., saying a former casino dealer failed to join a tribal gaming enterprise that’s a necessary and indispensable party to the litigation. Harrah’s NC Scores Early Win In Ex-Employee Retaliation Suit – Law360
• A group of fans has filed a breach of contract lawsuit against Formula 1 race organizers in Las Vegas for ejecting 35,000 attendees shortly before the race, refusing to let them return to watch the event, and failing to offer refunds. F1 Fans Sue For Refund After Ejection From Las Vegas Race – Law360
• Gamers hit AviaGames, its founders, and two venture-capital firm investors with a proposed racketeering class action in CA federal court following a recently unveiled criminal probe, claiming they duped players out of nearly $1 billion using artificial intelligence that manipulated games of skill to create an illegal gambling enterprise. Gamers Battled AI Instead Of Humans, $1B RICO Suit Says – Law360
• World Wrestling Entertainment Inc. stockholders have sued founder Vincent McMahon and several other members of the company’s top brass, alleging breaches of fiduciary duty in connection with WWE’s September merger with a subsidiary of Endeavor Group Holdings Inc. that created TKO Group Holdings Inc. WWE Investors Sue McMahon, Others In Del. After TKO Deal – Law360

NCAA

• James Madison University will not follow through on its threat to take the NCAA to court to make its football team eligible for a postseason bowl, a decision made along with its recently hired legal counsel and VA’s attorney general after its quest for an undefeated season ended. James Madison U. Punts On Legal Action In Fight With NCAA – Law360
• Former University of Colorado running back Alex Fontenot has filed a proposed class action against the NCAA in CO federal court saying student athletes deserve a share of the “ever-increasing” revenue generated from television deals. Athletes Deserve Share Of NCAA’s TV Revenue, Suit Says – Law360

NFL

• The NFL’s retirement benefit plan opposed a full 5^th Circuit review of a suit lodged by former running back Michael Cloud, arguing his petition does not identify any error in the panel’s initial unanimous decision, making it impossible to meet the court’s high standard for en banc hearing. NFL Plan Says No Mistake Made In 5th Circ. Benefits Decision – Law360
• The NFL told a NY federal judge that award-winning sports journalist Jim Trotter did not back up his claims that he was discriminated against and retaliated against when his contract was not renewed, in a letter previewing the league’s defense against Trotter’s lawsuit accusing it of racism. NFL Disputes Reporter’s Racism Suit Claims, Wants Dismissal – Law360

SOCCER

• The 9^th Circuit refused Tuesday to revive a woman’s sexual assault suit against soccer megastar Cristiano Ronaldo, finding that the lower court got it right in finding that the woman’s counsel acted in bad faith by relying on privileged documents that were leaked after Ronaldo’s former counsel’s computers were hacked. 9th Circ. Won’t Revive Sexual Assault Suit Against Soccer Star – Law360

Entertainment:

MUSIC

• A federal judge has removed a NY law firm from a lawsuit alleging it helped ex-Fugees rapper Prakazrel Samuel “Pras” Michel fraudulently sell his music catalog and warned the entire case may be dismissed if plaintiffs can’t show it belongs in his courtroom. Jurisdiction Woes Kill Claims In Fugees Fraud Suit – Law360
• Live Nation and Ticketmaster have been subpoenaed by Sen. Blumenthal, chair of the Senate Permanent Subcommittee on Investigations, due to the companies’ alleged refusal to cooperate with his investigation into their widely criticized ticket sales practices. Live Nation And Ticketmaster Hit With Senate Subpoena – Law360
• A NY federal judge has tossed rap duo Black Sheep’s proposed class action claiming Universal Music Group owes a slew of artists $750 million because it agreed to lower royalty payments from Spotify as part of an equity deal, ruling the suit was brought too late. UMG Beats Rap Duo’s Royalty Suit Following Spotify Deal – Law360
• Rapper and songwriter Missy Elliott has urged a PA federal judge to dismiss a producer’s claims that he is a joint author of five of her songs and to declare her the sole owner, saying the allegations against her are a “bad-faith” effort to extract money. Missy Elliott Calls Producer’s Suit ‘Bad-Faith’ Bid For Money – Law360
• An attorney for dancers suing Lizzo for sexual harassment told a CA judge that the singer’s argument that everything she does is of public interest and can fall under protected speech should fail just as it did when her attorneys argued it for another client, actor Shia LaBeouf. Lizzo’s Free Speech Args Fail Shia LaBeouf Test, Judge Told – Law360
• The owner of the “Whitney Houston” trademark has sued an events organizer who runs tribute shows of the world-famous singer in the High Court of Justice of England and Wales, alleging that he sought to unfairly “ride on the coat-tails” of her name. Whitney Houston Tribute Act Must Quit Stage, TM Owner Says – Law360

ART & FASHION

• The maker of Ugg boots has sued Costco Wholesale Corp., alleging that its Kirkland-branded footwear infringes the trade dress and patents for Ugg’s “Classic Ultra Mini” boots. Ugg Maker Seeks To Boot Costco’s Footwear In IP Suit – Law360
• Gucci has alleged that not only has retailer Lord & Taylor sold counterfeit handbags designed to look like Gucci’s bags — complete with the Gucci logo — without permission, but that its lawyers have even admitted that they were aware of the conduct. Gucci Accuses Lord & Taylor Of Peddling Counterfeit Bags – Law360
• The Colombian handbag designer Nancy Gonzalez, whose patrons reportedly include Salma Hayek and Britney Spears, has pled guilty in Miami federal court to three charges related to smuggling purses made with the skins of protected reptiles into the U.S. Luxury Designer Admits To Trafficking Reptile-Skin Purses – Law360

TV & MOVIES

• There has recently been increased attention toward the movie studio practice of accepting tax incentives for films and then not releasing them in order to write down or write off the cost for tax purposes. Movie Tax Write-Downs Help Studios Profit at Public’s Expense (bloombergtax.com)

MEANWHILE, IN HOLLYWOOD…

• A CA federal judge has thrown out the bulk of comedian Sarah Silverman‘s copyright suit against Meta stemming from its AI product LLaMA, calling her theories of liability “not viable,” but giving her and two other authors the opportunity to amend and refile most of their claims. Meta Scores Partial Win In Sarah Silverman’s AI Copyright Suit – Law360
• As the window for filing opened by the NY Adult Survivors Act is set to expire on November 30, NY courts saw many new sexual assault lawsuits filed against the likes of Axl Rose, Jamie Foxx, Cuba Gooding Jr., Marcellus Wiley, and Terry Richardson. Big Names Sued Under Adult Survivors Act As Window Closes – Law360