Justia Entertainment & Sports Law Opinion Summaries

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Sony, the Estate of Michael J. Jackson, and MJJ Productions appealed from the superior court's order partially denying their motion to strike under the anti-SLAPP statute. Plaintiff alleged that defendants marketed a posthumous Michael Jackson album in violation of the Unfair Competition Law (UCL) and the Consumers Legal Remedies Act (CLRA). Plaintiff also brought a fraud claim against the Cascio Defendants, alleging that they knowingly misrepresented to defendants that Jackson was the lead singer on the three tracks at issue. Upon reconsideration in light of FilmOn.com Inc. v. Double Verify Inc. (2019) 7 Cal.5th 133, the Court of Appeal held that its prior opinion was correct. In the prior opinion, the court held that plaintiff's claims against defendants arose from conduct furthering defendants' right of free speech in connection with a public issue, and that plaintiff did not show a probability that her claims under the UCL and the CLRA would succeed because the claims concern noncommercial speech that is not actionable under those statutes. The court largely adopted the prior opinion, except that it revised the discussion of the first step of the anti-SLAPP procedure to take into account the FilmOn decision and its application to the circumstances of this case. The court held that defendants' challenged statements were sufficiently connected to an issue of public interest to warrant anti-SLAPP protection. In this case, the representations that plaintiff challenged did not simply promote sale of the album, but also stated a position on a disputed issue of public interest. View "Serova v. Sony Music Entertainment" on Justia Law

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Two former players for the St. Marys (Ohio) Memorial High School Football Team brought claims for federal Title IX violations and state-law intentional infliction of emotional distress against their coach, Frye. The players claim that Frye harassed them by using numerous derogatory terms—most notably, the term “pussy”—with the intent to insult (and presumably to motivate) the two in front of their teammates. The plaintiffs also sued the school board, superintendent, and athletic director for failing to address Frye’s conduct. The Sixth Circuit affirmed summary judgment in favor of the defendants. As a matter of decency, Frye’s conduct was distasteful and offensive to many but as a matter of law, his conduct did not constitute sex-based discrimination, in violation of Title IX, nor was it conduct intolerable in a civilized society, in violation of Ohio tort law. Frye did not make sexual advances or act out of sexual desire. Frye was not motivated by general hostility to the presence of men. Frye did not treat men and women differently in a mixed-sex environment. View "Lininger v. St. Marys City School District Board of Education" on Justia Law

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The Ninth Circuit affirmed the district court's dismissal of class actions in MDL brought by plaintiffs against boxers and promoters, alleging that defendants concealed a pre-existing injury to boxer Emmanuel "Manny" Pacquiao, and that plaintiffs would not have purchased tickets to watch the fight had they known of the injury. The panel held that spectators who were disappointed in a sporting event did not suffer a legal cognizable injury. The panel also held that plaintiffs essentially got what they paid for -- a full-length regulation fight between two boxing legends. In this case, Pacquiao’s shoulder condition did not prevent him from going the full twelve rounds, the maximum number permitted for professional boxing contests. View "Alessi v. Mayweather" on Justia Law

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Plaintiff appealed the district court's rulings in two consolidated actions alleging that various Disney corporate entities infringed on plaintiff's "Lots of Hugs" trademark by using the "Lots-O'-Huggin' Bear" (aka "Lotso") in the Toy Story 3 movie and in the sale of merchandise. The Fifth Circuit held that plaintiff may obtain review of the adversary interlocutory rulings in its current appeal from the adverse final judgment in case No. 2:14-CV-00070. The court affirmed the district court's conclusion that plaintiff lacked personal jurisdiction over the IP entities, because plaintiff's arguments were based on two novel theories that were without merit. The court set aside the district court's order pertaining to the third amended complaint and remanded, holding that the district court abused its discretion, by sua sponte and without hearing, vacating its order granting plaintiff leave to file the third amended complaint. Finally, the court affirmed the district court's decision striking the fourth amended complaint, holding that the district court did not abuse its discretion in striking the complaint. View "Diece-Lisa Industries, Inc. v. Disney Enterprises, Inc." on Justia Law

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Defendant California Community College Athletic Association (Athletic Association) administered intercollegiate athletics for the California community college system. The parties agreed that, as a condition of participating in the intercollegiate football league, plaintiff Bakersfield College (the College) agreed to be bound by the Athletic Association’s bylaws and constitution, including a provision requiring the College to resolve any sanctions and penalty disputes by binding arbitration. Instead of proceeding through binding arbitration to challenge the sanctions and penalty decisions issued by the Athletic Association and codefendant the Southern California Football Association (the Football Association) against the College, the College and coplaintiffs Jeffrey Chudy and the Kern Community College District elected to file civil litigation. Plaintiffs argued they were excused from pursuing binding arbitration because the arbitration provision was unconscionable. The trial court said the “issue [wa]s close,” but ultimately, after severing the one-sided attorney fees subsections, found the arbitration provision was not unconscionable. The trial court, therefore, found plaintiffs’ litigation was barred by the failure to exhaust their administrative remedies. The Court of Appeal agreed with the trial court that this was a close case but concluded the arbitration provision was unconscionable. Accordingly, it reversed. View "Bakersfield College v. Cal. Community College Athletic Assn." on Justia Law

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The 1992 federal Professional and Amateur Sports Protection Act (PASPA), 28 U.S.C. 3702, prohibited governmental entities from involvement in gambling concerning competitive sports. New Jersey’s 2012 Sports Wagering Act authorized sports gambling. NCAA and professional sports leagues (Appellees) filed suit. The district court entered a temporary restraining order (TRO) barring the New Jersey Thoroughbred Horsemen’s Association (NJTHA) from conducting sports gambling, finding that the state law violated PASPA. The court required Appellees to post a $1.7 million bond as security. On appeal, NJTHA successfully challenged the constitutionality of PASPA in the Supreme Court. On remand, NJTHA unsuccessfully sought to recover on the bond. The Third Circuit vacated and remanded. NJTHA was “wrongfully enjoined” within the meaning of Federal Rule 65(c) and no good cause existed to deny bond damages. PASPA provided the only basis for enjoining NJTHA from conducting sports gambling. The Supreme Court ultimately held that that law is unconstitutional; NJTHA had a right to conduct sports gambling all along. There was no change in the law; NJTHA enjoyed success on the merits and is entitled to recover provable damages up to the bond amount. View "National Collegiate Athletic Association v. Governor of New Jersey" on Justia Law

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Appellees Augustus Feleccia and Justin Resch were student athletes who played football at Lackawanna Junior College (Lackawanna), a nonprofit junior college. Lackawanna had customarily employed two athletic trainers to support the football program. The Athletic Director, Kim Mecca, had to fill two trainer vacancies in the summer of 2009. She received applications from Kaitlin Coyne, and Alexis Bonisese. At the time she applied and interviewed for the Lackawanna position, Coyne had not yet passed the athletic trainer certification exam, and was therefore not licensed by the Board. Bonisese was also not licensed, having failed the exam on her first attempt, and still awaiting the results of her second attempt when she applied and interviewed for the Lackawanna position. Nevertheless, Lackawanna hired both Coyne and Bonisese in August 2009 with the expectation they would serve as athletic trainers, pending receipt of their exam results, and both women signed “athletic trainer” job descriptions. After starting their employment at Lackawanna, Coyne and Bonisese both learned they did not pass the athletic trainer certification exam. Mecca retitled the positions held by Coyne and Bonisese from “athletic trainers” to “first responders.” However, neither Coyne nor Bonisese executed new job descriptions, despite never achieving the credentials included in the athletic trainer job descriptions they did sign. Appellants were also aware the qualifications of their new hires was called into question by their college professors and clinic supervisors. In 2010, appellees participated in the first day of spring contact football practice, engaging in a variation of the tackling drill known as the “Oklahoma Drill.” While participating in the drill, both Resch and Feleccia suffered injuries. Resch attempted to make a tackle and suffered a T-7 vertebral fracture. Resch was unable to get up off the ground and Coyne attended to him before he was transported to the hospital in an ambulance. Later that same day, Feleccia was injured while attempting to make his first tackle, experiencing a “stinger” in his right shoulder, i.e., experiencing numbness, tingling and a loss of mobility in his right shoulder. Bonisese attended Feleccia and cleared him to continue practice “if he was feeling better.” In this discretionary appeal arising from the dismissal of appellees’ personal injury claims on summary judgment, the Pennsylvania Supreme Court considered whether the superior court erred in: (1) finding a duty of care; and (2) holding a pre-injury waiver signed by student athletes injured while playing football was not enforceable against claims of negligence, gross negligence, and recklessness. After careful review, the Court affirmed the superior court’s order only to the extent it reversed the trial court’s entry of summary judgment on the claims of gross negligence and recklessness. The Case was remanded back to the trial court for further proceedings. View "Feleccia v. Lackawanna College, et al." on Justia Law

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Current and former minor league baseball players brought claims under the Fair Labor Standards Act (FLSA) and the wage-and-hour laws of California, Arizona, and Florida against MLB defendants, alleging that defendants did not pay the players at all during spring training, extended spring training, or the instructional leagues. On appeal, the players challenged the district court's denial of class certification for the Arizona, Florida, and Federal Rule of Civil Procedure 23(b)(2) classes, and defendants petitioned to appeal the certification of the California class. The Ninth Circuit held that the district court did not err in holding, under Sullivan v. Oracle Corp., that California law should apply to the 23(b)(3) California class. However, the district court erred in determining that choice-of-law considerations defeated predominance and adequacy for the proposed Arizona and Florida Rule 23(b)(3) classes. In this case, the district court fundamentally misunderstood the proper application of California's choice-of-law principles—which, when correctly applied, indicate that Arizona law should govern the Arizona class, and Florida law the Florida class. The panel also held that the district court erred in refusing to certify a Rule 23(b)(2) class for unpaid work at defendants' training facilities in Arizona and Florida on the sole basis that choice-of-law issues undermined "cohesiveness" and therefore made injunctive and declaratory relief inappropriate. Furthermore, the district court erred in imposing a "cohesiveness" requirement for the proposed Rule 23(b)(2) class. The panel held that the predominance requirement was met as to the Arizona and Florida classes, covering alleged minimum wage violations based on the lack of any pay for time spent participating in spring training, extended spring training, and instructional leagues. In regard to the California class -- covering overtime and minimum wage claims relating to work performed during the championship season -- the panel also held that the district court did not abuse its discretion in concluding that defendant's uniform pay policy, the team schedules, and representative evidence established predominance. The panel rejected defendants' contention that the district court was required to rigorously analyze the Main Survey. The panel affirmed the district court's certification of the FLSA collective action. Applying Campbell v. City of L.A., which postdated the district court's ruling, the panel held that the district court's use of the ad hoc approach was harmless error. The panel also affirmed the district court's certification of the FLSA collective as to plaintiffs' overtime claims. Accordingly, the panel affirmed in part, reversed in part, and remanded for further proceedings. View "Senne v. Kansas City Royals Baseball" on Justia Law

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The Ninth Circuit reversed the district court's dismissal of an antitrust action brought by a putative class of residential and commercial subscribers to DirecTV's NFL Sunday Ticket. NFL Sunday Ticket is a bundled package of all NFL games available exclusively to subscribers of DirecTV's satellite television service. Plaintiffs claimed that DirecTV's arrangement harms NFL fans because it eliminates competition in the market for live telecasts of NFL games. The panel held that, at this preliminary stage, plaintiffs have stated a cause of action for a violation of Sections 1 and 2 of the Sherman Act that survives a motion to dismiss. In this case, the complaint adequately alleged that DirecTV conspired with the NFL and the NFL Teams to limit the production of telecasts to one per game, and that plaintiffs suffered antitrust injury due to this conspiracy to limit output. The complaint also alleged that defendants conspired to monopolize the market for professional football telecasts and have monopolized it. View "Ninth Inning, Inc. v. DirecTV" on Justia Law

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The Ninth Circuit affirmed the dismissal of an action brought by plaintiff, a Division 1 college football player, alleging that he was an employee of the NCAA and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law. The panel held that the district court properly concluded that Division I FBS Football Players are not employees of the NCAA or PAC-12 as a matter of federal law. In this case, the economic reality of the relationship between the NCAA/PAC-12 and student-athletes does not reflect an employment relationship. The panel held that, within the analytical framework established by the Supreme Court, the NCAA and PAC-12 are regulatory bodies, not employers of student-athletes under the FLSA. The panel also held that the district court correctly dismissed plaintiff's California law claims for failure to state a claim. Under California law, student-athletes are generally deemed not to be employees of their schools. Furthermore, there was no authority that supported an inference that, even though the student-athletes are not considered to be employees of their schools under California law, the NCAA and PAC-12 can nevertheless be held to be "joint employers" with the students' schools. View "Dawson v. National Collegiate Athletic Association" on Justia Law