Not a Lexis Advance subscriber? Try it out for free.

Mendenhall v. Hanesbrands, Inc.

United States District Court for the Middle District of North Carolina

April 12, 2012, Decided; April 12, 2012, Filed

1:11CV570

Opinion

 [*719]  ORDER AND MEMORANDUM OPINION

BEATY, Chief Judge.

This matter is currently before the Court on Defendant Hanesbrands, Inc.'s ("Hanesbrands," "HBI" or "Defendant") Motion for Judgment on the Pleadings [Doc. #11] which seeks judgment on Plaintiff Rashard Mendenhall's ("Mr. Mendenhall" or "Plaintiff") claim for breach of contract. For the reasons set forth below, Defendant's Motion for Judgment on the Pleadings [Doc. #11] will be DENIED.

I. Factual Background

Taking as true the facts alleged in the Complaint, the Court will recount the relevant background facts surrounding  [**2] Plaintiff's claim against Defendant. Mr. Mendenhall is a professional athlete in the National Football League ("NFL") and is employed as a running back by the Pittsburgh Steelers. (Complaint ¶ 1). In May 2008, Mr. Mendenhall and Hanesbrands, a Maryland corporation with its principal place of business located in Winston-Salem, North Carolina, entered into a Talent Agreement (the "Talent Agreement"). (Complaint, Ex. A at 1). Under the terms of the Talent Agreement, Hanesbrands would use the services of Mr. Mendenhall to advertise and promote Hanesbrands' products sold under the Champion trademark. (Complaint, Ex. A at 1). The Talent Agreement was for a three-year term, beginning on May 1, 2008, and expiring on April 30, 2011. (Complaint, Ex. A at 1).

In August 2010, the parties executed an "Amendment and Extension of Hanesbrands Inc. Talent Agreement" (the "Extension Agreement"), which extended the term of the Talent Agreement for an additional four years, until April 30, 2015. (Complaint, Ex. B at 1). In addition to extending the term of the Talent Agreement, the Extension Agreement modified Section 17(a) of the Talent Agreement. (Complaint, Ex B at 4). Under the original terms of Section 17(a)  [**3] as stated in the Talent Agreement:

If Mendenhall is arrested for and charged with, or indicted for or convicted of any felony or crime involving moral turpitude, then HBI shall have the right to immediately terminate this Agreement.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

856 F. Supp. 2d 717 *; 2012 U.S. Dist. LEXIS 51664 **; 2012 WL 1230743

RASHARD MENDENHALL, Plaintiff, v. HANESBRANDS, INC., Defendant.

CORE TERMS

Pleadings, tweets, terminate, allegations, fair dealing, motion for judgment, comments, tended, covenant of good faith, parties, bin, Twitter, purporting, documents, ridicule, terms, consuming public, news report, disrepute, contempt, contends, purposes, athlete, scandal, insult, offend, marks, shock