LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Magistrate Judge Recommends Default Ruling In Unauthorized Broadcast Case

SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 16 recommended that a default ruling be entered against the owner of a commercial establishment after it failed to respond to claims for violation for California's unfair competition law (UCL), conversion and other causes of action for showing an unauthorized broadcast, awarding the owner of the broadcast $10,000 in damages (J&J Sports Productions Inc. v. Philip Isidro, No. 2:14-cv-2720, E.D. Calif.; 2015 U.S. Dist. LEXIS 154773).

Mealey's IP/Tech - New York Copyright Case Yields $100,000 Statutory Damages Awards

NEW YORK - Myriad default defendants were ordered Sept. 28 to pay $100,000 in statutory damages for infringing a copyrighted image of multi-sport athlete Bo Jackson (Richard Noble v. Crazetees.com, et al., No. 13-5086, S.D. N.Y.; 2015 U.S. Dist. LEXIS 130391).

Mealey's Antitrust/Unfair Competition - Federal Judge Awards Firm $21,000 For Unauthorized Broadcast

LOS ANGELES - A California federal judge on Sept. 28 dismissed a broadcast company's claims for violation of California's unfair competition law (UCL) and another violation as moot, but awarded it $21,000 for damages for the unauthorized broadcast of a professional fight (J&J Sports Productions Inc. v. Stephen Lim, et al., No. 13-08949, C.D. Calif.; 2015 U.S. Dist. LEXIS 130443).

Mealey's IP/Tech - North Carolina Federal Judge Issues Injunction In Lanham Act Case

CHARLOTTE, N.C. - Deeming a federal unfair competition and common-law trademark infringement plaintiff likely to succeed on the merits of its claims, a North Carolina federal judge on Sept. 15 awarded a preliminary injunction; in a separate ruling issued the same day, however, he dismissed allegations that a defendant violated the North Carolina Unfair and Deceptive Trade Practices Act (Charlotte Chiropractic Clinic P.A. d/b/a ChiroCarolina v. Richard Williams and Chiro-Carolina Family and Sports Care, No. 14-585, W.D. N.C.; 2015 U.S. Dist. LEXIS 122684).

Mealey's PI/Product Liability - Pennsylvania Federal Judge: No Strict Liability In Personal Injury Case

PHILADELPHIA - Allegations that the former designer of a resistance band that injured a plaintiff can be held strictly liable for those injuries were rejected by a Pennsylvania federal judge on Sept. 9 (Glenn Thorpe and Patricia Thorpe v. Bollinger Sports LLC, et al., No. 14-4520, E.D. Pa.; 2015 U.S. Dist. LEXIS 119643).

Mealey's Antitrust/Unfair Competition - Judge Awards Distributor Of Fight Damages For Unauthorized Broadcast

LOS ANGELES - A California federal judge on Sept. 3 issued a ruling on claims for violation of California's unfair competition law (UCL) and several federal broadcasting laws in relation to the unauthorized broadcast of a fight program, awarding the licensed distributor of the program damages (J&J Sports Productions, Inc. v. Adrian Luna, No. 12-09673, C.D. Calif.; 2015 U.S. Dist. LEXIS 118611).

Mealey's IP/Tech - Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says

WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).

Mealey's Labor & Employment - 11th Circuit Vacates Arbitration Ruling, Orders Additional Review

ATLANTA - A district court must reconsider whether an arbitration agreement between a restaurant and its server is enforceable in a wage dispute, the 11th Circuit U.S. Court of Appeals ruled July 21, finding that a trial court failed to issue an order properly explaining its decision to not enforce the agreement (Marquisha Matthews v, Ultimate Sports Bar, LLC, et al., No. 14-14809, 11th Cir.; 2015 U.S. App. LEXIS 12549).

Mealey's PI/Product Liability - High School Hockey Player Assumed Risk Of Injury, New York Appeals Court Rules

ROCHESTER, N.Y. - A high school hockey player assumed the risk of injury when he became involved in the sport, barring his negligence action against a New York school district for injuries he suffered when a teammate wearing skates stepped on his foot in a locker room, a state appeals panel ruled March 20 (Brady Litz v. Clinton Central School District, et al., No. 14-01215, N.Y. Sup., App. Div., 4th Dept.).

Mealey's PI/Product Liability - Injured Spectator's Suit Not Barred By State Law, Texas Supreme Court Rules

AUSTIN, Texas - The Texas recreational use statute does not bar a suit by a woman who alleged that she was seriously injured when she fell while attending a sporting event at the state-run University of Texas at Arlington (UTA), the state Supreme Court ruled March 20 (University of Texas at Arlington v. Sandra Williams, et al., No. 13-0338, Texas Sup.; 2015 Tex. LEXIS 268).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Trademark Injunction

ALBANY, N.Y. - A June 2014 preliminary injunction barring a defendant from ordering, purchasing, marketing or selling sports protective eyewear under the "Rec Specs" trademark will remain in place, a New York federal judge ruled March 5 (Halo Optical Products Inc. v. Liberty Sports Inc., No. 14-282, N.D. N.Y.; 2015 U.S. Dist. LEXIS 26714).

Mealey's IP/Tech - Minnesota Federal Judge Stands By Denial Of Attorney Fees

MINNEAPOLIS - Acting on remand from the Federal Circuit U.S. Court of Appeals, a Minnesota federal judge on Jan. 27 again rejected a request by three prevailing corporate defendants for an award of attorney fees and expenses in a patent and Lanham Act dispute (Aviva Sports Inc. v. Fingerhut Direct Marketing Inc., et al., No. 09-1091, D. Minn.; 2015 U.S. Dist. LEXIS 9108).

Mealey's PI/Product Liability - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).

Mealey's Insurance - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).

Mealey's Litigation Procedure - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's Litigation Procedure - Subpoena Of Investigation Records Quashed In Suit Over Sports Representation

GREENSBORO, N.C. - A sports management consulting firm saw its subpoena on the North Carolina Department of the Secretary of State (NCSOS) quashed Nov. 26, with a North Carolina federal magistrate finding the subpoena to be overbroad, burdensome and pertaining to privileged information from criminal investigations that were unrelated to the present lawsuit (Champion Pro Consulting Group Inc., et al. v. Impact Sports Football LLC, et al., No. 1:12-cv-00027, M.D. N.C.; 2014 U.S. Dist. LEXIS 165825).

Mealey's Litigation Procedure - Class Representatives Ask To Add Non-Contact-Sport Players To NCAA Concussion Suit

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation on Nov. 7 asked the U.S. District Court for the Northern District of Illinois to add athletes in non-contact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - Class Representatives Ask To Add Non-Contact-Sport Players To NCAA Concussion Suit

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation on Nov. 7 asked the U.S. District Court for the Northern District of Illinois to add athletes in non-contact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - D.C. Circuit Says FDA Must Formally Reclassify Knee Repair Device

WASHINGTON, D.C. - The Food and Drug Administration should not have relied on its "inherent authority" to rescind its approval of a knee repair medical device but instead should have used a congressionally approved method to formally reclassify the device, a split District of Columbia Circuit U.S. Court of Appeals panel ruled Sept. 26 (Ivy Sports Medicine, LLC v. Sylvia Mathews Burwell, et al., No. 13-5139, D.C. Cir.; 2014 U.S. App. LEXIS 18415).

Mealey's Litigation Procedure - California Suit Says Youth Soccer Fails To Prevent Head Injuries

SAN FRANCISCO - The organizations that govern youth soccer in the United States have failed to take steps to protect players from suffering traumatic brain injuries while playing the sport, a putative class action filed Aug. 27 in the U.S. District Court for the Northern District of California asserts (Rachel Mehr, et al. v. Federation Internationale de Football Association a/k/a FIFA, et al., No.14-cv-3879, N.D. Calif.).

Mealey's PI/Product Liability - California Suit Says Youth Soccer Fails To Prevent Head Injuries

SAN FRANCISCO - The organizations that govern youth soccer in the United States have failed to take steps to protect players from suffering traumatic brain injuries while playing the sport, a putative class action filed Aug. 27 in the U.S. District Court for the Northern District of California asserts (Rachel Mehr, et al. v. Federation Internationale de Football Association a/k/a FIFA, et al., No.14-cv-3879, N.D. Calif.).

Mealey's Litigation Procedure - Antitrust Suit Against MLB, NHL, Distributors Over Showing Of Games Continues

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 member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional sports networks (RSNs) that televise the games will continue, a federal judge in New York ruled Aug. 8 in denying the defendants' motions for summary judgment (Thomas Laumann, et al. v. National Hockey League, et al., No. 12-cv-1817, S.D. N.Y.; Marc Lerner, et al. v. Office of the Commissioner of Baseball, et al., No. 12-cv-3704, S.D.N.Y.; 2014 U.S. Dist. LEXIS 109951).

Mealey's Antitrust/Unfair Competition - Antitrust Suit Against MLB, NHL, Distributors Over Showing Of Games Continues

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 member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional sports networks (RSNs) that televise the games will continue, a federal judge in New York ruled Aug. 8 in denying the defendants' motions for summary judgment (Thomas Laumann, et al. v. National Hockey League, et al., No. 12-cv-1817; Marc Lerner, et al. v. Office of the Commissioner of Baseball, et al., No. 12-cv-3704, S.D. N.Y.; 2014 U.S. Dist. LEXIS 109951).

Mealey's Toxic Tort/Environmental - Michigan Court Finds For Landlord In Mold-Related Breach Of Lease Action

TROY, Mich. - In a majority ruling, a Michigan appeals court on April 17 affirmed a judgment in favor of commercial property owners in relation to a tenant's breach of contract claims and reversed a decision that refused to award them fees (Stanwood Motor Sports Acquisition LLC. V. Joseph F. Arnold, et al., No. 313994, Mich. App.; 2014 Mich. App. LEXIS 707).