K&C Sports & Entertainment Law Weekly Roundup (October 17, 2023)

Sports:

• An attorney for the city of Pittsburgh told a Pennsylvania Appellate Court that the city’s 3% “facilities fee” for nonresident athletes and performers using taxpayer-funded venues was legal because it equalized their tax burden with residents who were paying a 1% tax to the city and a 2% tax to the school district. Pittsburg is asking the Court to overturn a 2022 Court of Common Pleas ruling that struck down the so-called “jock tax” as unconstitutional. Pittsburg Says “Jock Tax” Levels Field For Out-of-Towners – Law360.
• Investment group Big League Advance Fund urged a Florida federal judge to send Chicago Bears Rookie Gervon Dexter’s NIL suit against the fund to arbitration. BLA argues its agreement Dexter signed while playing football at the University of Florida states all disputes must be resolved through arbitration. Chicago Bears Rookie Must Arbitrate NIL Suit, Investors Say – Law360.
• U.S. Supreme Court temporarily halts appeals court decision that would have allowed for the relaunch of sports betting in Florida. The Justices are preparing to hear a petition from two gaming companies challenging a betting arrangement between the state and the Seminole Tribe. A Supremely Fraught Florida Betting Dispute – Law360.

NCAA

• NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) shows support for removing cannabis from the organization’s banned drug list and testing protocols, potentially changing the way the drug is marketed for athletes and marketed by athletes through endorsements. What An NCAA Drug Test Change Could Mean For Cannabis – Law360.

MLB

• Major League Baseball filed a motion to dismiss a majority of plaintiffs suing over age-based discrimination in MLB’s professional scout hiring process, citing a lack of personal jurisdiction and improper venue. MLB Tries To Hit Age Bias Suit Out Of Court Over Jurisdiction – Law360.

NFL

• Nevada Supreme Court will hear oral arguments next month in the lawsuit between the NFL and former Raiders coach Jon Gruden. Gruden sued the NFL in November 2021, arguing the League intentionally released discriminatory emails sent by Gruden and pressured the Raiders to fire him. Gruden’s Legal Dispute with NFL has Date with Nevada Supreme Court – MSN.

Golf

• The end of year deadline for the finalization of the PGA/LIV merger is likely to be pushed back as the U.S. Justice Department’s antitrust concerns linger and the players demand more power in the new entity. A Delay Could Be Coming in the Deal Between the PGA Tour and LIV Golf’s Backers – Sports Illustrated.

Entertainment:

• SCOTUS refused to review a California court’s finding that the makers of Once Upon a Time … in Hollywood did not infringe the trademark rights of late actor Christopher Jones when his name and persona were used in advertising scenes without permission. Justices Refuse Review Of TM Claims Over Tarantino Film – Law360
• Boies Schiller & Flexner LLP Chairman David Boies’ film development company has asked a Florida appeals court to overturn a decision siding with an investment firm that Boies has accused of making misrepresentations to secure a $20 million investment in the 2016 film Jane Got a Gun, which was a box office flop. Boies Wants $20M Film Investment Suit Revived – Law360
• A photographer has had his request for reconsideration granted by a California federal judge after SCOTUS’s Warhol ruling changed copyright fair use analysis. The photographer had sued famed tattooist Kat Von D for using his portrait of Miles Davis for a tattoo. The judge said that the tattoo is not transformative under Warhol. Kat Von D’s Fair Use Defense Over Tattoo To Go Before Jury – Law360
• A California federal judge has said in an order that TikTok must face the majority of a proposed class action challenging its alleged practice of collecting nonusers’ information through scraping software on third-party websites. TikTok Can’t Ax Nonuser Suit Over Third-Party Info Scraping – Law360
• Sean “Diddy” Combs’ racial discrimination lawsuit against spirits maker Diageo will move forward after a New York appeals court summarily rejected Diageo’s bid to pause the litigation as it appeals the lower court’s refusal to send the claims to arbitration. Diageo Loses First Round In Diddy Racism Appeal – Law360
• Pop singers Sam Smith and Normani, as well as their record labels, have made a bid for attorney fees from Sound and Color LLC, a company owned by musicians Jordan Vincent and Christopher Miranda. Sound and Color has asked a California federal judge to deny the bid, arguing that its copyright infringement claims were reasonable and filed in good faith. Musicians’ Biz Fights Atty Fee Bid After Sam Smith IP Win – Law360
• The Georgia Court of Appeals has denied an Atlanta litigator’s attempt to get a seven-figure share of $30 million held by a state trial court in a dispute over the sale of the Blackhall Studios film complex. Ga. Atty Can’t Get Share Of Funds Tied To $120M Studio Sale – Law360
• HBO’s new documentary No Accident revolves around the litigation in Sines v. Kessler, which proceeded from 2017’s Unite the Right rally in Charlottesville, and stars a team of boutique and BigLaw attorneys and their clients. Attys Spotlighted In HBO Documentary On Charlottesville Suit – Law360