K&C Sports & Entertainment Law Weekly Roundup - October 2024 #3

Sports:

OLYMPICS

• A former Olympian is suing New Balance over the end of her career. Khamica Bingham, a two-time Olympic sprinter from Canada, is suing the Boston-based shoe company alleging that a malfunction in her running shoes led to a career-ending Achilles tear while training for the 2024 Paris Games. Olympic Sprinter Sues New Balance Over ‘Cracked’ Shoes – Front Office Sports

MLB

• In a brief press release issued Thursday, the Pohlad family announced their “intent to explore a sale of the Minnesota Twins.” Gleeman: Pohlads selling Twins cause for fan excitement even as uncertainty looms – The Athletic

NCAA

• The NCAA is trying to get South Dakota’s lawsuit moved to federal court. Attorney General Marty Jackley announced the suit last month. The lawsuit seeks to stop a proposed $2.8 billion settlement the NCAA and its largest conferences struck earlier this year in three class action lawsuits. Jackley feels the deal would unfairly burden South Dakota’s Division I universities. NCAA wants to move SD lawsuit to federal court – KELOLAND
• Former men’s college basketball players in a proposed class action accusing the National Collegiate Athletic Association of exploiting the highlights of their March Madness performances dropped co-defendant Turner Sports Interactive from their lawsuit in New York federal court on Friday. College Basketball Players Drop Turner Sports From NIL Suit – Law360
• The Ivy League and its eight member schools scored a victory in court on Thursday when a federal judge in Connecticut dismissed a lawsuit accusing their agreement to not provide athletic scholarships and not pay Ivy League athletes compensation of amounting to an antitrust violation. Ivy League Beats Antitrust ‘No Scholarships’ Lawsuit – Sportico
• As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books. Lawmakers Want Calif. Colleges To Flex NIL Muscle – Law360

NFL

• Former Las Vegas Raiders head coach Jon Gruden will get a full Nevada Supreme Court review of a lawsuit he filed against the NFL over emails leaked to the media before he resigned from the team in 2021. Nevada high court to review decision in ex-Raiders coach Jon Gruden’s lawsuit over NFL emails – AP
• A Delaware judge ruled Monday that the Armenta family’s lawsuit against Deadspin for accusing their son of wearing “blackface” at a Chiefs game last year can proceed. Young Chiefs fan’s defamation lawsuit against Deadspin to move forward: ‘Crossed the fine line’ – Fox News

Entertainment:

• SCOTUS has declined to hear arguments for a copyright claim against Nickelback. Justices Snub Musician’s ‘Rockstar’ IP Feud With Nickelback – Law360. The Court has also refused to take up R. Kelly’s conviction for child pornography and inducement. R. Kelly: Supreme Court rejects appeal of federal sex crimes conviction | CNN Politics

MUSIC

• Record labels including Sony and Universal, alongside Chicago rapper Lil Durk and several others, were hit with civil conspiracy, negligence and other claims over the 2020 killing of artist FBG Duck in a suit alleging the defendants exploited their rivalry for profit and recognition. Civil Lawsuit Filed Against Lil Durk and Record Labels Over FBG Duck’s Fatal Shooting (thesource.com)
• Rock band Limp Bizkit hit Universal Music Group with a suit seeking more than $200 million, alleging that the music company created and used technology that allows it to hide royalties from its artists and hoard profits. Limp Bizkit Sues Universal for $200 Million in Unpaid Royalties (variety.com)
• UMG Recordings, Warner Bros. Records, Sony Music, and more than a dozen other music publishers saw their $47 million copyright infringement award against internet service provider Grande Communications Networks LLC nixed by the 5^th Appeal Court Affirms Piracy Liability Verdict Against ISP Grande, Vacates $47m Damages Award * TorrentFreak
• Live Nation’s CEO predicts the British band Oasis will be the biggest concert tour of the year in 2025 but says surging sales of tickets on the secondary market illustrate the need for Congress to step in and regulate the industry. Live Nation Wants Ticket Resale Prices Capped After Oasis Issues (bloomberglaw.com)
• The owner of music label Lil’ Joe Records took the stand as he began to make the case that the members of hip-hop group 2 Live Crew were employees, not independent contractors, when they produced their hits and therefore cannot claw back their rights to the recordings. Music Label Says 2 Live Crew Songs Were Works For Hire – Law360

FILM & TELEVISION

• A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered. NJ Atty Sues Netflix For Infringement Over Boy Scouts Movies – Law360
• The 95-year-old widow of Sophie’s Choice author William Styron urged a judge to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago. ‘Sophie’s Choice’ Theatrical Rights Deal Long Over, Court Told – Law360
• French film company StudioCanal‘s attorney said during opening statements of a CA bench trial that companies associated with Cross Creek Pictures and its cofounder played a “shell game” by fraudulently avoiding paying millions owed for the North American distribution rights to the 2015 film Legend. ‘Legend’ Distributor Tried ‘Shell Game’ To Duck Bill, Judge Told – Law360

MEANWHILE, IN HOLLYWOOD…

• A former worker for Ye‘s short-lived presidential campaign sued in CA state court alleging the Grammy-winning rapper had him investigate the Kardashian family for alleged sex trafficking before their relationship soured and Ye threatened to kill him. Ye accused of threatening to kill employee, investigate Kim Kardashian (usatoday.com)
• Dre has been hit with a $10M million lawsuit from his divorce counselor over an alleged “campaign of harassment.” Dr. Dre Faces $10M Harassment Lawsuit From Divorce Counselor (billboard.com)
• Government agents investigating charges of sex trafficking against Sean “Diddy” Combs have engaged in a scheme to undermine his right to a fair trial, the hip-hop mogul told a Manhattan federal judge, saying DHS personnel have been leaking grand jury information to journalists. Sean Combs Rips Feds For “Unlawful” Leaks Including Cassie Ventura Beating Video (deadline.com)
• A hair and makeup artist told a judge that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this “appalling and malicious behavior.” Garth Brooks lawsuit: Accuser’s lawyers blast singer for name reveal (tennessean.com)