K&C Sports & Entertainment Law Weekly Roundup (October 24, 2023)

Sports:

NFL

• Former NFL running back Michael Cloud seeking increased disability benefits asked the Fifth Circuit to reconsider its decision favoring the NFLs plan, calling the opinion “no less detrimental” than the “helmet-to-helmet collision” causing his disability. Ex-Running Back Seeks 5th Cir. Redo Over NFL Disability Benefits – Bloomberg.

MLB

• MLB Players Association supports up-ending the MLB’s century old antitrust exemption in an amicus brief to the U.S. Supreme Court, stating the league’s recent anti-competitive behavior has harmed baseball and its fans. MLB Players Org Backs High Court Nixing Antitrust Exemption – Law360.
• MLB signaled progress in talks to settle two lawsuits over its contraction of several minor league clubs, requesting mediation with a New York judge even as parties plan for a November trial. The Tri-City Valleycats and the Norwich Sea Unicorns sued MLB after its decision to slash the minor league system from 160 to 120 teams. MLB May Be Close To Settling Minor League Interference Suit – Law360.

NCAA

• NCAA argues for a lack of standing in Indiana federal race bias lawsuit linked to its Academic Performance Program. The NCAA claims the plaintiff cannot for sue something that has never happened to her based on the belief it may occur in the future. NCAA Blasts Empty Allegations In Bid To Toss Race Bias Suit – Law360.
• Group of U.S. Senators at a full Senate Judicial Committee hearing push measures to protect student-athletes and their potential earnings by arguing the student-athletes should not be considered employees. Say Student-Athletes Should Not Be Deemed Employees – Law360.

GOLF

• The PGA Tour is hit with a proposed class action alleging the Tour unlawfully sent user data to Facebook without consent. The class includes all registered users and subscribers of PGA Tour’s website or mobile app who viewed any video on the website of app. PGA Tour Latest Sports Org Sued Over Data Sharing – Law360.
• Saudi Arabia-backed LIV Golf hires Marc Schoenfeld, Madison Square Garden Exec, as in-house counsel. Schoenfeld enters his new role as the polarizing league continues its potential merger process with the PGA Tour. LIV Golf Hires Madison Square Garden Exec During PGA Tour Talks – Bloomberg.

TENNIS

• New York federal judge granted Group One Ltd., a tennis technology company, $119,000 in lost profits as part of its patent infringement claims against GTE GmbH over its let detection system. Tennis Co. Wins $119K For Patent Profits At US Open – Law 360.

NBA

• The Fourth Circuit is set to hear NBA star Zion Williamson’s contract lawsuit against a sports marketing agency, a case that hinges on whether an outside entity can challenge an athlete’s eligibility to participate in collegiate sports, even if the NCAA has already deemed that student eligible. NBA star Zion Williamson’s sports marketing squabble heads to Fourth Circuit – Courthouse News Service.

Entertainment:

MUSIC

• The Tenth Circuit revived a copyright case accusing Kiwi Farms of infringing Russell Greer’s songs, book and screenplay describing his court battle with pop star Taylor Swift. 10th Circ. Renews IP Suit Against Controversial Web Forum – Law360
• A NY state appeals court upheld the dismissal of most of a suit against Mariah Carey and her publisher brought by her brother, who claimed he had been defamed by certain passages from her 2020 memoir “The Meaning of Mariah Carey.” NY Appeals Court Backs Mariah Carey In Brother’s Libel Case – Law360
• Ex-Fugees rapper Prakazrel “Pras” Michel, who was convicted in April of foreign lobbying charges, has asked a D.C., federal judge for a new trial, arguing prejudiced trial proceedings, including allegations that his former attorney used an experimental artificial intelligence program to draft closing arguments. Ex-Fugees Rapper Seeks New Trial Over AI-Crafted Closings – Law360
• A federal judge in Washington state has dismissed a suit against two firms over a canceled licensing deal to sell Bob Marley-branded cannabis products in Canada. Deal Spurs Dismissal Of Bob Marley-Branded Cannabis Suit – Law360
• A NY federal judge should have given a co-writer of rapper Fat Joe a chance to find out whether he gave up all his rights to 2016 single “All the Way Up,” the Second Circuit said, reversing the lower court’s ruling that awarded the rapper and a music publishing company an early win without a discovery process. 2nd Circ. Revives Song Credit Suit Against Rapper Fat Joe – Law360
• Counsel for the man whose naked baby picture appears on the cover of Nirvana’s iconic album Nevermind urged the 9^th Circuit to revive his client’s child pornography lawsuit against the band, Universal Music Group and others, saying new sales of the album has reset the statute of limitations. ‘Nirvana Baby’ Urges 9th Circ. To Revive His Child Porn Suit – Law360
• Several music publishing companies has sued AI company Anthropic PBC, alleging that it is committing “systematic and widespread infringement of their copyrighted song lyrics.” Music Publishers Hit AI Co. With Copyright Suit Over Lyrics – Law360
• A federal judge dismissed a lawsuit accusing Mick Jagger and Keith Richards of copying the 2020 Rolling Stones single “Living in a Ghost Town” from two songs by Sergio Garcia Fernandez (stage name Angelslang), ruling that the case was clearly filed in the wrong court. Rolling Stones Song Theft Lawsuit Dismissed By Judge – Billboard

TV

• A FL judge trimmed a fraudulent billing claim from the suit against Johns Hopkins All Children’s Hospital in St. Petersburg over its treatment of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya.” Judge Trims ‘Maya’ Case Against Fla. Children’s Hospital – Law360
• Sixth Circuit judges on Tuesday joked about how people over 60 might interpret a lawsuit accusing comedian Kathy Griffin of making defamatory comments on social media and said Elon Musk would be happy if they were to agree that her tweets are protected free speech. Age Quips Part Of Kathy Griffin’s 6th Circ. Defamation Hearing – Law360

VIDEO GAMES

• Video game controller maker Ironburg, which won $4 million in the nation’s first Zoom patent jury trial, is going to court to argue a recent Federal Circuit ruling shouldn’t revive a legal effort to wipe out the patent underlying its win. Court Told Game Controller IP Challenge Is Still No Good – Law360