K&C Sports & Entertainment Law Weekly Roundup - October 2024 #4

Sports:

• The Federal Communications Commission is proposing a $147,000 fine on ESPN for illegally using an emergency-alert sound effect in NBA promos before the start of last season, it announced in a Thursday release. FCC Wants to Fine ESPN Six Figures for Emergency-Alert Sound Effects in NBA Promos – SI
• In a new court filing, NASCAR says 23XI Racing, which Michael Jordan co-owns, is using a “meritless” antitrust lawsuit as a ploy to wrongly gain a bargaining do-over and extract “more favorable contract terms.” NASCAR Moves to Bump Michael Jordan Antitrust Lawsuit Off Track – MSN

NCAA

• Two former Indiana University basketball players have sued their alma mater alleging their team doctor repeatedly sexually assaulted them and their teammates and the school did nothing to stop him. Two former Indiana University basketball players accuse team doctor of sex abuse – NBC

NFL

• A federal grand jury returned an indictment on October 15, 2024, charging a Washington man with embezzling loan proceeds intended for the development and construction of two commercial real estate projects. According to the indictment, Christopher A. Harrison, 52, a former National Football League player and real estate developer, allegedly induced and misappropriated loan proceeds intended for the development and construction of two real estate projects. Former NFL player charged with embezzling from commercial real estate projects – US Attorney’s Office
• A Pennsylvania federal court on Wednesday tossed the Philadelphia Eagles‘ suit seeking to recover pandemic-related losses from Factory Mutual Insurance Co., citing a recent Pennsylvania Supreme Court holding that physical loss or damage requires tangible alteration to property. Insurer Gets Philly Eagles’ COVID-19 Coverage Suit Tossed – Law360

NBA

• Miami Heat forward Haywood Highsmith Jr. has struck a deal with a man whose leg was amputated after the athlete allegedly hit him with his car, ending the personal injury suit brought in Florida state court. Miami Heat Player Settles With Driver Who Lost Leg In Crash – Law360

GOLF

• A search has been ongoing in recent months to find a new CEO for LIV Golf, according to sources briefed on the matter. Saudi Arabia’s Public Investment Fund, which backs LIV financially, has contracted out London-based Odgers Berndtson for the search, which would take over for Greg Norman in the CEO role. Sources: PIF eyes new CEO for LIV Golf; Greg Norman to stay with league – Sports Business Journal

Entertainment:

MUSIC

• Rapper Travis Scott is urging a TX appeals court to order the Harris County judge overseeing litigation over the deadly 2021 Astroworld festival to require several would-be bellwether plaintiffs to disclose details of their settlement agreements with his co-defendants, writing that his attorneys need the information to prepare for the impending first trial. Rapino must give deposition in Astroworld lawsuit says Texas court (completemusicupdate.com)
• A FL federal jury ruled that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades. 2 Live Crew Wins Jury Verdict to Take Back Catalog Rights From Label (billboard.com)
• Musician and songwriter Randy Newman has sold his stake in his recorded music and publishing rights to Carlyle-backed music rights business Litmus Music, a transaction that includes decades of popular recordings and music from feature films. Randy Newman Catalog Sale to Litmus Music Includes Disney, Solo Hits (billboard.com)
• The Houston Texans are asking a Texas federal judge to toss a suit lodged by a rapper who claims the NFL team stole his song, “Still Tippin,” characterizing his claims as “frivolous” and “not viable.” Texans Say Rapper Is Tripping With Suit Over ‘Still Tippin’ – Law360

FILM & TELEVISION

• A CA federal judge refused to sign off on Walt Disney Co.‘s bid to immediately challenge a decision that kept a suit alive from a former Star Wars actor who said she was fired for expressing her political views, saying an appeal to the 9^th Circuit would be premature. Disney Denied: Gina Carano’s Lawsuit Against Disney Advances as Judge Denies Dismissal Request – IMDb
• A photographer is suing two production companies behind the TV show Music Mayhem for copyright infringement, claiming the program used his photos of Guns N’ Roses frontman Axl Rose and other rock stars without permission. TV Show Used Rock Star Pics Without Permission, Suit Says – Law360

MEANWHILE, IN HOLLYWOOD…

• A Diamond District jeweler who appeared in Uncut Gems is being sued in NY federal court for allegedly selling a counterfeit version of a custom cross pendant worn by the rapper 50 Cent. 50 Cent Sues Viral Jeweler for $5 Million for Using His Likeness: ‘Nah… You Know the Vibes by Monday’ (complex.com)
• Sean “Diddy” Combs will likely remain in custody on sex-trafficking charges until at least November, after a 2^nd Circuit judge said a complete appeals court panel must decide whether the hip-hop mogul is a danger to the community. Judge rules Sean ‘Diddy’ Combs will remain in jail while appeals court considers bail request | PBS News Meanwhile, the embattled rapper has asked a Manhattan federal judge to identify the accusers behind his sex-trafficking and racketeering case, claiming the “media circus” surrounding the prosecution and related civil suits has made it impossible for him to develop an adequate defense. Sean ‘Diddy’ Combs calls for his accusers’ identities to be disclosed – ABC News (go.com) And two major record labels asked a federal judge to sanction an NYC attorney and his client over “utterly salacious” claims in a civil lawsuit accusing the companies of funding and facilitating Diddy’s drug-fueled, criminal sex trafficking conspiracy. UMG, Motown demand sanctions over ‘meritless’ claims against execs by Diddy accuser | Courthouse News Service
• Country music star Garth Brooks urged an MS federal court to reject a hair and makeup artist’s request that he be sanctioned for publicly revealing her identity out of spite after she accused him of rape, arguing that she already agreed to use her name in the litigation. Why Garth Brooks Revealed Rape Accuser’s Name (thewrap.com)
• Prosecutors asked a NY state court judge to consolidate Harvey Weinstein‘s 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former producer’s “creative” arguments for separate trials. NY prosecutors want to combine Harvey Weinstein’s criminal cases into a single trial | AP News