K&C Sports & Entertainment Law Weekly Roundup - October 2024 #2

Sports:

• Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided. Sprinter Asinga sues Gatorade over ‘recovery gummies’ after ban – Reuters

NFL

• A former NFL running back seeking increased disability benefits on Monday lost his bid for US Supreme Court review of a decision favoring the league plan. Michael Cloud, who played for the Kansas City Chiefs and New York Giants and was on the New England Patriots’ 2004 Super Bowl-winning team, wanted the justices to review a 2023 decision in which the US Court of Appeals for the Fifth Circuit said he isn’t entitled to reclassification at the highest level of NFL disability pay. Ex-NFL Running Back Denied SCOTUS Look at Disability Benefits – Bloomberg

NCAA

• One year ago, Michigan State University fired head football coach Mel Tucker amid allegations that he sexually harassed a rape survivor he had hired to teach his players about sexual assault prevention. On Friday, that woman filed a lawsuit against him for defamation. Rape survivor and activist sues ex-Michigan State coach Mel Tucker for defamation – USA Today
• A federal judge has denied a University of North Carolina tennis player’s request for an injunction blocking the NCAA from enforcing its rules against student-athletes accepting prize money from pro sports competition. Federal Judge Rejects Injunction in UNC Tennis Player’s Lawsuit Against NCAA – Athletic Business
• A California federal judge on Monday preliminarily approved the NCAA‘s revised $2.78 billion antitrust settlement with athletes suing over the organization’s name, image and likeness compensation rules. NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement – Law360
• Former Ohio State quarterback Terrelle Pryor has filed a class-action lawsuit in the Southern District of Ohio Eastern Division, naming his former school, the NCAA and the Big Ten as defendants and seeking damages after being denied compensation from NIL during his time as a student-athlete. Terrelle Pryor Sues OSU, NCAA, Big Ten Over Denied NIL Compensation from CFB Career – BR

NBA

• A Manhattan federal jury on Friday convicted a Georgia businessman and recidivist fraudster of conning former NBA players Dwight Howard and Chandler Parsons out of $8 million through the use of forged documents and other lies. Repeat Fraudster Guilty Of Scamming Ex-NBA Players – Law360
• Sports card grader Beckett Collectibles LLC must face a negligent misrepresentation lawsuit alleging it gave an unwarranted “9.5 gem mint” rating to a Steph Curry basketball card that had actually been altered and was later purchased for $168,000, a Texas federal judge ruled on Tuesday. Steph Curry Card Suit Can Proceed, Texas Judge Rules – Law360

Entertainment:

MUSIC

• Fugees rapper Prakazrel “Pras” Michel accused bandmate Lauryn Hill in a Manhattan federal lawsuit of wresting control of the Grammy Award-winning group’s brand and pocketing most of their reunion tour profits, allegations the “Killing Me Softly” singer vehemently denies. Pras Sues Lauryn Hill Over Canceled Fugees Tour, Alleging Fraud – The New York Times (nytimes.com)
• One of the producers of Fleetwood Mac‘s classic 1977 record album Rumours, Kenneth Caillat, has accused the author of the play Stereophonic of swiping copyrighted material from his memoir Making Rumours to make the hit Broadway show. Fleetwood Mac producer sues makers of Broadway hit ‘Stereophonic’ | Reuters
• Rapper Cardi B asked a judge to toss out a lawsuit saying the she stole copyrights owned by musical duo Kemika1956 to make the song “Enough (Miami).” Cardi B Seeks to Dismiss Theft Dispute Over Hit Single ‘Enough’ (bloomberglaw.com)

FILM & TELEVISION

• The U.S. Patent and Trademark Office has canceled DC Comics and Marvel Characters Inc.’s jointly owned trademarks for “super hero” and variations of the term after a U.K.-based business that creates stories of super hero babies argued the term is generic and has been abandoned by DC Comics and Marvel. Marvel and DC Lose Trademark for ‘Super Hero’ – IGN
• Warner Bros. Discovery has not held up its end of an exclusive rights agreement with Comcast‘s European subsidiary Sky to co-produce premium content, including a new television series based on the iconic Harry Potter novels, according to a lawsuit filed in NY federal court. Warner Bros. Sued Over ‘Harry Potter’ Series Partnership by Sky (variety.com)
• Paramount violated the NY Worker Adjustment and Retraining Notification Act by laying off more than 300 NYC-based employees without the required 90 days’ notice, a new proposed class action filed in NY federal court alleges. Paramount Layoffs: Ex-Staffer Sues, Alleging WARN Notice Not Provided (variety.com)
• The 2^nd Circuit agreed that a Manhattan federal court has no jurisdiction over a dispute between a WI woman and the Catholic University of America over ownership of a dress worn by Judy Garland in The Wizard of Oz. NY Is No Place For ‘Wizard Of Oz’ Dress Row, 2nd Circ. Says – Law360
• Lawyers for The Walt Disney Co. urged a CA federal judge to throw out an animator and writer’s lawsuit alleging the company stole his ideas for the hit movie Moana, saying there’s not a single piece of evidence meriting a jury trial. Disney Calls Writer’s ‘Moana’ Copyright Theft Suit Pure Fiction – Law360

MEANWHILE, IN HOLLYWOOD…

• Country music star Garth Brooks‘ former hair and makeup stylist sued him in CA state court, claiming he raped her in a Los Angeles hotel room while preparing for a Recording Academy event in 2019. Garth Brooks accused of rape and sexual assault in a lawsuit : NPR
• A physician pled guilty in CA federal court to helping supply the ketamine that killed Friends star Matthew Perry, including by providing illegally obtained vials of the drug for Perry’s personal assistant to administer at home. Doctor charged in Matthew Perry death investigation pleads guilty to drug charge | AP News
• Hip-hop producer and rapper Swizz Beatz, received $7.3 million in funds that were stolen from Malaysia residents in the multibillion-dollar 1 Malaysia Development Berhad fraud, a lawsuit filed in NY federal court alleges. BVI liquidators sue U.S. music producer Swizz Beatz to recover ‘$7.3M gifted by Malaysia’s 1MDB fraudsters’ – OffshoreAlert
• A NM judge refused to throw out Rust armorer Hannah Gutierrez-Reed’s involuntary manslaughter conviction or order a new trial based on allegations of prosecutorial misconduct that tanked the state’s high-profile case against actor-producer Alec Baldwin. Movie armorer’s conviction upheld in fatal ‘Rust’ set shooting by Alec Baldwin | AP News
• Rebel Wilson has responded to defamation claims from the producers of the musical film The Deb with a countersuit in CA state court, alleging that the producers engaged in “a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct” while involved with the film. Rebel Wilson Files Countersuit Against Producers of Her Directorial Debut ‘The Deb’ (people.com)
• Influencer-turned-boxing star Jake Paul will face a defamation suit stemming from his bribery accusations against a rival fight promoter after a NY federal judge rejected arguments from Paul that the dispute should not be litigated in the Empire State. Judge refuses to dismiss defamation lawsuit vs. Jake Paul – ESPN
• A Disneyland employee hit The Walt Disney Co. with a proposed class action in CA state court over a cyberattack that allegedly compromised employee personnel information, including work assignments, passport numbers and visa details. Disney faces class action lawsuit over employee data breach – Los Angeles Times (latimes.com)