K&C Sports & Entertainment Law Weekly Roundup (October 31, 2023)

Sports:

NCAA

• The National Labor Relations Board will hear arguments on whether certain college athletes can be considered employees with union organizing rights after rejecting on Monday efforts by the NCAA, University of Southern California, and the Pac-12 conference to derail the case. NCAA Can’t Derail Labor Board’s College Athlete Push – Law360
• Baylor University violated Title IX with its “policy of deliberate indifference to reports of sexual harassment” and was negligent in handling a former student’s reports of domestic violence against a former university football player, a Texas federal jury determined, awarding the former student $270,000 in damages. Baylor Owes $270K For Negligence In Title IX Case, Jury Says – Law360
• Members of the Boston College swimming and diving team are suing the school and administrators, saying they “irresponsibly” jumped the gun by suspending the entire program over hazing allegations before conducting an investigation. Boston College Wrongly Suspended Swim Team, Suit Says – Law360

NFL

• The NFL pushes back against another bid by DirecTV subscribers to expand discovery in long running antitrust dispute over the League’s “Sunday Ticket,” telling a California federal court it should not give them a “do-over of a failed do-over.” NFL Blasts ‘Audacious’ Sunday Ticket Discovery Request – Law360

MLB

• A Sixth Circuit panel focused Tuesday on whether Tom House, ex MLB player for the Atlanta Braves, won an inflated jury award in a trademark infringement lawsuit, pressing an attorney for the defendant Player’s Dugout Inc. to justify its argument that the award should have been reduced. 6th Circ. Suggests Ex-MLB Pitcher’s TM Award Is A Home Run – Law360
• Detroit Tigers urge Michigan federal court to throw out former clubhouse manager’s claim he was fired because of his age, arguing the worker was given years of opportunities to improve job performance. Detroit Tigers Say Ex-Employee Can’t Prove Age Bias – Law360
• Foul Ball Safety Now, a group concerned about the safety of fans in attendance at MLB games, is pushing for a federal probe into the conduct of MLB and calling for the creation of an emergency netting council to address ongoing fan safety threats. Foul Ball Safety Group Asks Feds To Probe Injuries – Law360 

NBA

• S. District Judge of the Southern District of New York says intent will be a “live issue” when former Boston Celtics forward “Big Baby” Davis and ex-Detroit Pistons guard Will Bynum go to trial on charges of conspiracy to commit wire fraud and health care fraud and conspiracy to make false statements. Intent A ‘Live Issue’ As NBA Fraud Trial Set For Tipoff – Law360

Entertainment:

MUSIC

• Rock singer John Falls is still entitled to some portion of the $2.5 million insurance payout over a House of Blues recording studio arson, a TN federal court has ruled. Rock Singer Gets Early Win In Arson Coverage Challenge – Law360
• The 4^th Circuit was tasked with deciding whether a news site publishing a Ted Nugent photograph to convey a political message was a fair use; two judges confessed they had no idea who he was. Ted Nugent Who? ‘I’m Too Old To Know,’ 4th Circ. Judge Says – Law360
• Former Fugees rapper Prakazrel “Pras” Michel has been granted an evidentiary hearing on his motion for a new trial in his foreign lobbying case after claiming his previous attorney used AI to write closing arguments at his first trial. Ex-Fugees Star Gets Hearing On Retrial Bid Amid AI Concerns – Law360
• A man who claims Chris Brown beat him with a liquor bottle in a London nightclub during his “Under the Influence” tour earlier this year filed suit against Brown, Sony Music, RCA Records and Live Nation Entertainment Inc. Chris Brown, Sony And Live Nation Sued Over Alleged Assault – Law360

TV & MOVIES

• A jury has found that Netflix owes its competitor GoTV Streaming LLC $2.5 million for infringing one of GoTV’s patents. Netflix Owes $2.5M For Infringing Streaming Patent, Jury Says – Law360

ART & FASHION

• A federal judge has trimmed an insurer’s suit seeking involvement from a museum collections and loan insurer in the defense of an underlying lawsuit over supposedly “trashed” art. Insurer’s Coverage Suit Over ‘Trashed’ Art Gets Trimmed – Law360
• A federal judge has largely denied a partial summary judgment bid from an artist who alleges that online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, saying there are facts in the case that need to be determined. Artist Loses Early Win Bid In Zazzle Stolen IP Suit – Law360
• Fast fashion company Temu has denied infringing its competitor Shein’s copyright in thousands of promotional photos, arguing that it did not know the source of images. Temu Blames Third Parties For Shein Photo Theft – Law360
• Fashion giant Steven Madden Ltd. has announced that it completed a $52 million all-cash purchase of privately held women’s clothing designer and marketer Almost Famous. Steve Madden Secures $52M Buy Of Almost Famous Brands – Law360
• A federal court has refused to combine two similar lawsuits from a tattoo artist alleging the maker of the popular NBA 2K video game series infringed copyrights he has on tattoos he gave to basketball players including LeBron James. Tattoo Artist Can’t Combine Two IP Suits, Judge Says – Law360

SOCIAL MEDIA

• More than three dozen states and the District of Columbia has hit Meta with lawsuits accusing it of deploying harmful features that purposely addict children and teens and of routinely collecting data from children under 13 without parental consent. State AGs Say Meta Purposely Hooks Kids On Social Media – Law360

MEANWHILE, IN HOLLYWOOD…

• A federal judge approved a $15 million settlement to class action allegations that SAG-AFTRA’s health care fund pushed senior actors onto Medicare to cut costs. $6.9M Fee Bid Axed After SAG-AFTRA Deal In Benefits Suit – Law360