Justia Entertainment & Sports Law Opinion Summaries

The Ohio Valley Conference ("the OVC") appealed a judgment dismissing its official-capacity and individual-capacity claims against Randall Jones, the Chair of the Board of Trustees of Jacksonville State University ("JSU"), and Don C. Killingsworth, Jr., the President of Jacksonville State University. The OVC was a men's and women's collegiate athletic conference that began in 1948. The OVC Constitution contained two relevant provisions concerning resignation of membership from the conference. In addition to alleging that JSU had failed to pay the conference-resignation fee described in Article 4.5.3 of the OVC Constitution, the OVC also asserted that JSU owed the conference money for tickets to certain conference championship basketball tournament tickets. JSU, Jones, and Killingsworth filed a joint motion to dismiss the OVC's complaint. With respect to the OVC's claims against JSU, defendants argued that the Alabama State Board of Adjustment ("the BOA") had "exclusive jurisdiction" over those claims. With respect to any claims the OVC asserted against Jones and Killingsworth in their official capacities, defendants argued the claims were barred by State immunity under § 14 of the Alabama Constitution. With respect to any claims the OVC asserted against Jones and Killingsworth in their individual capacities, defendants argued the OVC had failed to state a claim upon which relief could be granted, and they maintained that the claims were barred by the doctrine of State-agent immunity. The Alabama Supreme Court concluded the OVC's claims against Jones and Killingsworth in their official capacities seeking payment for the liquidated amount of the conference-resignation fee and for the value of the tickets JSU received for the OVC's 2021 conference championship basketball tournament did not constitute claims against the State, and, therefore, they were not barred by State immunity. Accordingly, the circuit court erred in dismissing the OVC's official-capacity claims against Jones and Killingsworth. However, the Court found the OVC failed to state individual-capacity claims against Jones and Killingsworth for which relief could be granted because Jones and Killingsworth lacked any duty apart from their official positions to make the payments the OVC sought to recover and because the OVC's complaint did not supply the factual allegations necessary to support those individual-capacity claims. View "Ohio Valley Conference v. Jones, et al." on Justia Law

Wellsfry, playing golf on OCP's course, parked his golf cart, not noticing any trees or tree roots in the area. He left his cart, took a shot, and walked down a “gentle slope” toward his cart. He felt “searing pain” and fell into his golf cart. Wellsfry knew he had stepped on something but did not see what it was and could not say if his foot caught or twisted on anything. Another golfer pointed out a tree root; it is not clear whether she saw Wellsfry step on that root. Wellsfry continued playing golf and later that day reported the incident. Wellsfry filed suit, alleging that he had fallen “by tripping on a root that was concealed in the grass in reasonably close proximity to where a tree had been removed” and “the presence of a root as a hidden obstruction created a condition that was negligently maintained and dangerous with an unreasonable risk of harm."The court of appeal affirmed the summary judgment rejection of the negligence suit. The lawsuit was barred by the primary assumption of risk doctrine; playing outdoor golf includes the inherent risk of injury caused by stepping on a tree root in an area used to access tee boxes. OCP had not increased that inherent risk and had not failed to take reasonable steps to minimize the inherent risk of injury that would not have altered the fundamental nature of the sport. View "Wellsfry v. Ocean Colony Partners" on Justia Law

The Oakland Waterfront Ballpark District Project proposes the redevelopment of Howard Terminal, a 50-acre site within the Port of Oakland, and five contiguous acres. It includes a 35,000-seat ballpark for the city’s Major League Baseball team, construction of 3,000 residential units, 270,000 square feet of retail space, 1.5 million square feet for other commercial uses, a performance venue, and up to 400 hotel rooms. There will be parking for 8,900 vehicles; nearly 20 acres will be set aside as publicly accessible open space. Howard Terminal borders an estuary. Portions of the site are currently used for various commercial maritime activities, but most of the land is devoted to truck parking and container storage. A rail line serving passenger and freight traffic runs down the northern border of Howard Terminal.Oakland issued a draft environmental impact report (EIR) under the California Environmental Quality Act (Pub. Resources Code 21000) in 2021 and certified the final EIR a year later. A statement of overriding considerations concluded that the project’s benefits outweighed several significant environmental impacts that could not be fully mitigated. Excepting one wind mitigation measure, the trial court rejected challenges. The court of appeal affirmed. The court noted that the soil at the project site is contaminated from long years of industrial use; the ballpark and development will generate substantial new pedestrian and vehicle traffic in the neighborhood; and the site’s existing uses must be relocated but found the EIR adequate. View "East Oakland Stadium Alliance, LLC v. City of Oakland" on Justia Law

The 2020 Horseracing Safety and Integrity Act created a national framework to regulate thoroughbred horseracing, replacing several state regulatory authorities with a private corporation, the Horseracing Authority, the Act’s primary rule-maker. The Authority was not subordinate to the relevant public agency, the Federal Trade Commission, in critical ways. In 2022, the Fifth Circuit declared the Act unconstitutional because it gave “a private entity the last word” on federal law. Congress amended the Act to give the Federal Trade Commission discretion to “abrogate, add to, and modify” any rules that bind the industry, 15 U.S.C. 3053(e).The Sixth Circuit affirmed the dismissal of a suit filed by Oklahoma, West Virginia, Louisiana, their racing commissions, and other entities that made the same claims as the Fifth Circuit case. While the challenges are not moot, the Authority is now subordinate to the FTC, which has “pervasive” oversight and control of the Authority’s enforcement activities, just as it does in the rulemaking context. The court rejected a “commandeering” challenge to a provision that requires state authorities to “cooperate and share information” with the Authority or federal agencies for lack of standing and rejected claims that the Act was coercive or punitive. View "State of Oklahoma v. United States" on Justia Law

The Everly Brothers (Phil and Don) are known for many musical hits, including Cathy’s Clown, recorded, released, and copyrighted in 1960. The copyrights listed both brothers as authors; both were credited as co-authors and received royalties. In 1980, Phil signed notarized documents titled “Release and Assignment,” related to Cathy’s Clown and other works: “Phil Everly desires to release, and transfer, to the said Don Everly all of his rights, interests and claim in and to [‘Cathy’s Clown’], including rights to royalties and his claim as co-composer. In 2017, Don sued Phil’s estate for a declaratory judgment that Don was the sole author of Cathy’s Clown. There was contradictory evidence of Phil’s factual authorship, particularly a 1984 television interview.The district court found that Don repudiated Phil’s authorship of Cathy’s Clown, which triggered a three-year window for Phil to make an authorship claim under the Copyright Act. Phil did not do so. The district court rejected Phil’s estate’s argument that the three-year limitations period should not apply to the defense that Phil is a co-author. The Sixth Circuit affirmed. Don’s estate may rely on the statute of limitations. The district court did not clearly err in finding that Phil failed to exercise his rights after Don repudiated his authorship. View "Garza v. Everly" on Justia Law

Mayfield manufactures a football helmet accessory that purportedly reduces the severity of football helmet impact when it is installed on an existing football helmet. Mayfield sued the National Operating Committee on Standards for Athletic Equipment (NOCSAE), a nonprofit organization that develops and promotes safety standards for athletic equipment. It has a safety certification that can be applied to football helmets that meet NOCSAE’s standards. NOCSAE does not permit manufacturers of helmet accessories to seek certification separately from the helmet manufacturers.Mayfield alleged that NOCSAE and helmet manufacturers are restraining trade in the football helmet market, engaging in an overarching conspiracy to limit competition, and subjecting Mayfield to tortious interference of business relationships or expectations. The Sixth Circuit affirmed the dismissal of the suit. In its claims under the Sherman Act section 1, Mayfield cited scenarios, theories, and occurrences and asked the court to make "sweeping conclusions" about the motives and actions of the defendants. An “explicit agreement,” as required for Sherman Act liability, "should not demand this kind of intellectual leap." The defendants have shown that their desire to protect their reputations and sell safe products is a legitimate business interest. View "Hobart-Mayfield, Inc. v. National Operating Committee on Standards for Athletic Equipment" on Justia Law

Bernstein and France are certified agents, registered with the NFL Players Association to represent NFL players in contract negotiations. Bernstein also owns Clarity, which represents professional athletes in matters such as marketing and endorsement contracts. Golladay signed a standard representation agreement with Bernstein in 2016, before Golladay’s rookie season with the Detroit Lions, and signed a separate agreement with Clarity for representation in endorsement and marketing deals. In January 2019, Golladay terminated both agreements. three days after participating in an autograph-signing event that Bernstein had played no role in arranging. Golladay immediately signed with France.Bernstein believed France was behind the signing event and filed a grievance against France pursuant to the NFLPA dispute resolution provisions. The matter went to arbitration. In pre-hearing discovery, France denied possessing any documents pertaining to the event and denied any involvement in the event. France’s lies were not uncovered until after the arbitration was decided in his favor.The Third Circuit reversed the district court’s confirmation of the arbitration award because France’s fraud procured it. The Federal Arbitration Act, 9 U.S.C. 10, permits an award to be vacated under narrow circumstances, including “where an award was procured by corruption, fraud, or undue means.” France’s fraud was not discoverable through reasonable diligence and was material to the case. View "France v. Bernstein" on Justia Law

The parties' dispute concerns the definition of a key contract work: "photoplays." The studio argues that the word includes television episodes of Columbo, a long-running television show. The creators argue that the word has many meanings and is ambiguous.The Court of Appeal affirmed in part and reversed in part, holding that the trial court properly interpreted the word "photoplays" as including television episodes, and the trial court properly granted a new trial where the jury verdict relied on two legal errors. The court also concluded that the trial court correctly denied Universal’s motion for judgment notwithstanding the verdict. However, the court reversed summary adjudication of the fraud claim because disputed fact questions exist as to the statute of limitations issue. Finally, the trial court properly vacated its rescission of the 1988 amendment. View "Foxcroft Productions, Inc. v. Universal City Studios LLC" on Justia Law

Blizzard Entertainment, Inc. (Blizzard) appealed an order denying its motion to compel arbitration. B.D., a minor, played Blizzard’s online videogame “Overwatch,” and used “real money” to make in-game purchases of “Loot Boxes” - items that offer “randomized chances . . . to obtain desirable or helpful ‘loot’ in the game.” B.D. and his father (together, Plaintiffs) sued Blizzard, alleging the sale of loot boxes with randomized values constituted unlawful gambling, and, thus, violated the California Unfair Competition Law (UCL). Plaintiffs sought only prospective injunctive relief, plus attorney fees and costs. Blizzard moved to compel arbitration based on the dispute resolution policy incorporated into various iterations of the online license agreement that Blizzard presented to users when they signed up for, downloaded, and used Blizzard’s service. The trial court denied the motion, finding a “reasonably prudent user would not have inquiry notice of the agreement” to arbitrate because “there was no conspicuous notice of an arbitration” provision in any of the license agreements. The Court of Appeal disagreed: the operative version of Blizzard’s license agreement was presented to users in an online pop-up window that contained the entire agreement within a scrollable text box. View "B.D. v. Blizzard Entertainment" on Justia Law

Plaintiff Nicholas Brown (Nick), through his mother and Guardian ad Litem Laurie Brown (Laurie), brought a personal injury action against defendant El Dorado Union High School District (the District) after Nick suffered a traumatic brain injury during a football game. After the District brought a summary judgment motion, the trial court granted summary judgment in favor of the District on two grounds: (1) the case was barred by the affirmative defense of an express assumption of risk due to a release and waiver Nick and his father signed prior to the football season; and (2) the action was barred by the principle of the primary assumption of risk. Nick appealed, challenging the trial court’s decision to accept a less-than-perfect separate statement of undisputed material facts filed by the District, evidentiary rulings, and the substance of the trial court’s ruling on the motion for summary judgment. The Court of Appeal found the trial court acted within its discretion in accepting the separate statement, Nick failed to sufficiently develop his arguments regarding the court’s evidentiary rulings, and summary judgment was proper due to the Browns’ express assumption of the risks associated with Nick’s participation in the football program. View "Brown v. El Dorado Union High School Dist." on Justia Law