K&C Sports & Entertainment Law Weekly Roundup - March 2025 #3

Sports:

NCAA

• Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called “premature” dismissal bids from the NCAA and Big Ten Network. Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten – Law360

MLB

• The Tampa Bay Rays withdrew Thursday from a $1.3 billion project to construct a new ballpark adjacent to Tropicana Field, citing a hurricane and delays that likely drove up the proposal’s cost. Tampa Bay Rays withdraw from planned $1.3 billion ballpark in St. Petersburg, citing storms, delays – AP

GOLF

• A Christian former PGA Tour Inc. employee won’t get a trial on claims that discrimination drove the denial of his request for accommodation from Covid-19 test reporting and subsequent firing, a federal judge ruled. PGA Tour Beats Christian Worker’s Suit Over Covid Test Reporting – Bloomberg

NBA

• A 46-year-old video engineer filed an age discrimination lawsuit against the NBA’s Phoenix Suns, alleging the organization coerced him into changing his employment status to contractor and forced him to work in a rodent-infested garage when he complained. Worker Sues NBA’s Suns For Age Discrimination, Retaliation – Law360

NFL

• Former New York Jets defensive end Mark Gastineau is suing ESPN, NFL, NFL Films and “30 for 30” co-directors James Weiner and Ken Rodgers regarding the promotion and publication of an exchange between him and Hall of Fame quarterback Brett Favre on Nov. 18, 2023. Mark Gastineau sues ESPN, NFL for $25 million over viral Brett Favre clip – The Athletic
• Arizona Cardinals wide receiver Marvin Harrison Jr. and retailer Fanatics have reached a settlement on a disputed term sheet, ending a 10-month legal battle that indirectly prevented Harrison’s jersey from being sold to the public. A report by ESPN’s Josh Weinfuss shared that Harrison’s No. 18 Cardinals jersey will go on sale “pretty soon.” Cardinals’ Marvin Harrison Jr., Fanatics reach settlement on term sheet, paving way for release of WR’s jersey – CBS Sports

Entertainment:

FILM & TELEVISION

• The nation’s telecom rules will get a makeover to “delete” a lot of requirements the Federal Communications Commission has determined are no longer needed under an effort launched by FCC Chair Brendan Carr. FCC chair asks the public to list every regulation he should remove | The Verge
• A NY federal judge agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May. Fox News dismissed from sexual assault lawsuit against Ed Henry : NPR
• Walt Disney Co.‘s popular animated movie Moana didn’t copy plot lines, scenes, and themes from an animator’s film project, “Bucky the Surfer Boy,” a jury found after a short deliberation. Disney Wins ‘Moana’ Trial, Cleared of Copyright Infringement
• Netflix Inc. and Lifetime Entertainment Services won dismissal of a defamation lawsuit alleging the latest iteration of their hit documentary series Surviving R. Kelly defamed a former assistant to the now-imprisoned R&B singer, although a DE federal judge gave the plaintiff another shot at pleading actual malice. Libel Lawsuit Brought by R. Kelly’s Personal Assistant Thrown Out on “Actual Malice” Grounds
• A NY federal judge gave a preliminary approval to a settlement agreement in a putative class action that would see Paramount Global and the entity behind Comedy Central pay $11 million to 120 comedians to resolve allegations the media companies wrongly withheld royalty payments. No Joke, Paramount’s $11M Comic Royalty Deal Gets Prelim OK – Law360

MUSIC

• A CA federal judge appeared unsympathetic to a unique defense against a music investor’s infringement suit against Miley Cyrus for her song “Flowers,” saying the cases Cyrus’ lawyer cited are outside copyright law norms. Judge challenges Miley Cyrus’ bid to dismiss ‘Flowers’ lawsuit
• A company that owns one-ninth of the composition to Marvin Gaye’s “Let’s Get It On” asked SCOTUS to revive claims Ed Sheeran’s hit 2014 song “Thinking Out Loud” infringes the 1973 soul classic. Ed Sheeran Accusers Ask Supreme Court to Tackle ‘Let’s Get It On’ Case
• Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university’s sports program on social media, according to a copyright suit filed in NY federal court. Sony Music sues University of Southern California over social media ads | Reuters
• A NY federal judge said he denied Live Nation Entertainment Inc.’s attempt to narrow the DOJ’s antitrust case seeking to break off Ticketmaster Entertainment Inc. after the companies merged more than 15 years ago. Live Nation Loses Bid to Narrow DOJ Ticketmaster Case
• Cardi B is facing a new copyright infringement lawsuit that alleges that her recent single “Enough (Miami)” used the beat from a song that featured on Reservation Dogs without permission. Cardi B Sued by Producers Who Claim ‘Enough (Miami)’ Stole Beat From Their ‘Reservation Dogs’ Song
• WA state appeals court expressed skepticism that Phish and Live Nation could have seen foreseen assaults that injured two concertgoers at an outdoor show, with one judge suggesting the jam band’s vibes are more in tune with the mellow atmosphere of a Grateful Dead show than a raucous rock concert. Phish Fans’ Mellow Vibe Undercuts Injury Claims, Judge Hints – Law360

LAWSUITS OF THE RICH & FAMOUS

• A NY state judge ruled on evidentiary issues ahead of Harvey Weinstein’s retrial on rape and sexual assault charges, as his overturned conviction — vacated due to improperly admitted evidence — loomed over the proceedings. Harvey Weinstein New Trial: Prosecutors Testimony to Take One Month
• The artist known as Soulja Boy physically and sexually abused a live-in personal assistant for nearly two years, jurors in California state court heard on the first day of a civil assault and employment trial against the rapper. Soulja Boy sexual assault civil trial opens in Santa Monica | Courthouse News Service
• A Manhattan federal judge said that he plans to open Sean “Diddy” Combs’ criminal trial on sex-trafficking charges on May 12 after a lengthy jury-vetting process, laying out his plan after the jailed hip-hop icon denied charges in a superseding indictment. Combs Jury To Be Closely Vetted For May Trial – Law360