PHILADELPHIA - The U.S. Department of Labor (DOL) announced Feb. 20 that Philadelphia-area sports bar and restaurant chain Chickie's & Pete's has agreed to pay more than $6.84 million in back wages and damages; on the same day, a settlement agreement valued at more than $1.68 million was filed in a consolidated wage-and-hour complaint filed against Chickie's & Pete's in the U.S. District Court for the Eastern District of Pennsylvania by approximately 90 employees (Thomas E. Perez, Secretary of Labor, United States Department of Labor v. Chickie's and Pete's, Inc., et al., No. 14-1042, E.D. Pa.; In Re Chickie's & Pete's Wage and Hour Litigation, No. 12-6820, E.D. Pa.).
LOS ANGELES - The Second District California Court of Appeal on Feb. 13 revived negligence claims against the owners of a sports arena where a toddler fell to his death, concluding that questions remain regarding the height of a glass safety barrier in the stadium (Henry Tang, et al. v. NBBJ LP, et al., No. B242912, Calif. App., 2nd Dist., Div. 2; 2014 Cal. App. Unpub. LEXIS 1058).
WILMINGTON, Del. - The federal bankruptcy court overseeing the Chapter 11 proceeding of F&H Acquisition Corp., the parent company of restaurants carrying the names "Fox & Hound" and "Champps," on Feb. 12 ruled that the company can proceed with an asset sale (In Re: F&H Acquisition Corp., No. 13-13220, Chapter 11, D. Del. Bkcy.).
PHILADELPHIA - A ticket to a sporting event is a contract, the Third Circuit U.S. Court of Appeals said in a Feb. 10 decision affirming a lower court's dismissal of fraud claims brought by fans who did not get the seats promised for Super Bowl XLV (Richard Pollock, et al. v. NFL, et al., No. 13-1987, 3rd Cir.).
HOUSTON - Comcast Corp., which filed an involuntary Chapter 11 bankruptcy petition against the Houston Regional Sports Network LP - the parent company of Major League Baseball team the Houston Astros - on Oct. 29 filed a brief arguing that its involuntary petition is valid under the Bankruptcy Code (In Re: Houston Regional Sports Network LP, No. 13-35998, Chapter 11, S.D. Texas Bkcy.).
HOUSTON - Major League Baseball (MLB) team the Houston Astros on Oct. 7 moved in the U.S. Bankruptcy Court for the Southern District of Texas for dismissal of an involuntary Chapter 11 bankruptcy petition filed against it and its parent company, the Houston Regional Sports Network LP (HRSN), by Comcast Corp. (In Re: Houston Regional Sports Network LP, No. 13-35998, Chapter 11, S.D. Texas Bkcy.).
ATLANTA - The 11th Circuit U.S. Court of Appeals held July 8 that it possesses jurisdiction to entertain an appeal on the merits by a trademark defendant who largely prevailed before a district court (Unique Sports Products Inc. v. Ferrari Importing Company, No. 11-15586, 11th Cir.).
EVANSVILLE, Ind. - A motion to dismiss for failure to prosecute was denied June 7 by an Indiana federal judge, who found that granting the request and preventing the case from reaching the merits "would devalue $(the$) goals of the patent system" (SwingAway Sports Products Inc. v. Escalade Inc., No. 13-24, S.D. Ind.).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 16 upheld summary judgment for an automobile manufacturer named as the defendant in a personal injury action, agreeing that the plaintiffs failed to show that a dangerous manufacturing flaw existed that allowed the defendant's sport utility vehicle to unintentionally accelerate (Linda Buck, et al. v. Ford Motor Co., No. 12-3908, 6th Cir.; 2013 U.S. App. LEXIS 9998).
NEW YORK - A New York federal judge on May 1 confirmed an arbitration award that was issued in favor of a Swiss corporation in a dispute over a licensing agreement with two U.S. entities, finding that none of the defenses under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applied (Marker Volkl $(International$) GMBH v. Epic Sports International Inc., et al., No. 12-8729, S.D. N.Y.; 2013 U.S. Dist. LEXIS 62412).
WASHINGTON, D.C. - Although declining the opportunity to adopt the doctrine of "marking estoppel," the Federal Circuit U.S. Court of Appeals agreed with a plaintiff March 15 that a defendant's decision to mark its products with the plaintiff's patent number supports an inference that the products fall within the patent claims (Jack L. Frolow v. Wilson Sporting Goods Co., No. 12-1185, Fed. Cir.).
MINNEAPOLIS - Following dismissal of numerous claims and after sustaining an adverse re-examination proceeding before the U.S. Patent and Trademark Office (PTO), a patent owner succeeded Feb. 27 in obtaining dismissal with prejudice of its infringement allegations levied against several retailers (Aviva Sports Inc. v. Fingerhut Direct Marketing Inc. et al., No. 09-1091, D. Minn.).
SAN FRANCISCO - An allegation of willful copyright infringement levied against an Arkansas retailer is sufficient to confer jurisdiction under the State of Washington's long-arm statute, the Ninth Circuit U.S. Court of Appeals ruled Dec. 17 (Washington Shoe Co. v. A-Z Sporting Goods Inc., No. 11-35166, 9th Cir.).
NEW YORK - Consolidated putative antitrust class actions related to live-game video offerings against Major League Baseball (MLB) and the National Hockey League (NHL) and their subsidiaries and member clubs, regional sports networks (RSNs) that televise the games and multichannel video programming distributors (MVPDs) Comcast and DirecTV will continue, a federal judge in New York ruled Dec. 5 (Thomas Laumann, et al. v. National Hockey League, et al., No. 12 Civ. 1817, S.D. N.Y.; Fernanda Garber, et al. v. Office of the Commissioner of Baseball, et al., No. 12 Civ. 3704, S.D.N.Y.; 2012 U.S. Dist. LEXIS 172686). View a complimentary copy of the opinion in the pdf attached below.
LOS ANGELES - An arbitration agreement may not be enforced in a case where the employee failed to sign the agreement, a California appellate panel ruled Oct. 16, upholding a trial court decision (Susan Gorlach v. The Sports Club Company, et al., No. B233672, Calif. App., 2nd Dist., Div. 4; 2012 Cal. App. LEXIS 1074).
DENVER - The products completed operations hazard (PCOH) exclusion precludes coverage for claims of negligence and misrepresentation regarding an insured's product used in artificial turf sports fields, a Colorado federal judge ruled Sept. 26 (Colorado Casualty Insurance Co. v. Brock USA LLC, No. 11-02527, D. Colo.; 2012 U.S. Dist. LEXIS 138184).
SOUTH BEND, Ind. - Questions exist as to whether insureds' sports cards were personal property and not used mainly for their business purposes and, thus, covered against theft or loss under their homeowners insurance policy, an Indiana federal judge found Sept. 20, denying summary judgment to the insurer (Jeremy Bachman and Debra Bachman v. AMCO Insurance Co., No. 10-461, N.D. Ind.; 2012 U.S. Dist. LEXIS 134660).
SACRAMENTO, Calif. - A California federal judge on Sept. 6 denied a defendant's request for an emergency stay in a longstanding trademark infringement case (CytoSport Inc. v. Vital Pharmaceuticals Inc., No. 08-2632, E.D. Calif.). Subscribers may view the decision available within the full article.
BATON ROUGE, La. - A majority of a Louisiana appeals court on Sept. 5 reversed and remanded a lower court's ruling in favor of an insurer in a Hurricane Katrina coverage dispute, finding that the insurer violated Louisiana Statutes Annotated Revised Statutes (LSA-R.S) Section 22:1973B(2) by not making settlement payments within 30 days (Instant Replay Sports Inc., et al. v. Allstate Insurance Company, et al., No. 2011 CA 1414, La. App., 1st Cir.; 2012 La. App. LEXIS 1103).
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Prince Sports Inc. on June 19 approved a $74 million licensing agreement and authorized the sale of certain assets free and clear of liens (In Re: Prince Sports Inc., No. 12-11439, Chapter 11, D. Del. Bkcy.). Subscribers may view the order available within the full article.
WILMINGTON, Del. - Bankrupt tennis racquet manufacturer Prince Sports Inc. on May 10 moved in the U.S. Bankruptcy Court for the District of Delaware for an order approving a licensing agreement worth more than $3 million and seeking permission to sell various assets free and clear of all liens (In Re: Prince Sports Inc., No. 12-11439, Chapter 11, D. Del. Bkcy.).
WILMINGTON, Del. - Sporting goods company Prince Sports Inc. on May 1 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware, citing $65 million in secured debt and $10.2 million in trade debt (In Re: Prince Sports Inc., No. 12-11439, Chapter 11, D. Del. Bkcy.).
DETROIT - One day after ruling that a general liability insurance policy's amusement device exclusion bars coverage for an underlying lawsuit alleging injuries at a Cleveland Indians' fan festival, a Michigan federal judge on April 13 ordered the parties to mediation (National Pastime Sports LLC v. CSI Insurance Group, et al., No. 11-11378, E.D. Mich., Southern Div.; 2012 U.S. Dist. LEXIS 51497).
WILMINGTON, Del. - Fox Sports Net 2 LLC filed an objection to the amended reorganization plan for the bankrupt Los Angeles Dodgers on April 10, arguing that the proposed plan, which hinges on the sale of the team for $2 billion to an investment group, will impair the network's rights under the existing telecast agreement (In Re: Los Angeles Dodgers LLC, No. 11-12010, Chapter 11, D. Del. Bkcy.). See related: 2011 U.S. Dist. LEXIS 149582.