Justia Entertainment & Sports Law Opinion Summaries
Portz v. St. Cloud State University
For budget reasons, St. Cloud State University shut down six of its sports teams, including women's tennis and Nordic Skiing teams. Female student-athletes brought a Title IX discrimination action. 20 U.S.C. 1681(a). The district court preliminarily enjoined cutting the women's teams, concluding the University failed to comply with Title IX requirements in its allocation of athletic participation opportunities and treatment and benefits for student-athletes.The Eighth Circuit reversed in part and remanded. The court upheld findings that the University uses a tier system for dividing particular teams, offering different levels of support to each tier. The University violated Title IX by not providing equitable participation opportunities for men and women. The district court erred, however, by requiring the University to provide equitable treatment and benefits “among the tiers of support,” and by mandating steps toward eliminating the unequal distribution of “participation opportunities among the tiers” rather than analyzing the institution's programs as a whole. View "Portz v. St. Cloud State University" on Justia Law
Mitchell v. Twin Galaxies, LLC
Mitchell sued Twin Galaxies for defamation and false light after Twin Galaxies issued a statement asserting Mitchell’s world record scores in the Donkey Kong arcade game were not achieved on original unmodified hardware as required under its rules. Twin Galaxies removed all of Mitchell’s world record scores and banned him from participating in its leaderboards. The trial court denied Twin Galaxies’ special motion to strike under the strategic lawsuits against public participation statute (anti-SLAPP motion). (Code Civ. Procedure 425.16.) The court of appeal affirmed. Mitchell showed a probability of prevailing on his claims; the trial court properly denied the anti-SLAPP motion. Mitchell made a prima facie showing of falsity by providing his own declaration and others’ declarations attesting to the equipment used and made a prima facie showing of actual malice. Twin Galaxies failed to take any steps to inquire into the truth of Mitchell’s statements even after he was provided the names of witnesses and having confirmation of the procedures under which the disputed scores were achieved. View "Mitchell v. Twin Galaxies, LLC" on Justia Law
In re Application of Duke Energy Ohio, Inc.
The Supreme Court affirmed the order of the Ohio Power Siting Board granting Duke Energy Ohio, Inc. a certificate of environmental compatibility and public need to construct, operate, and maintain a natural-gas pipeline, holding that the Board's decision was not manifestly against the weight of the evidence and was not so clearly unsupported by the record as to show a mistake or willful disregard of duty.Specifically, the Supreme Court held (1) assuming without deciding that the Board misapplied its filing requirements, the error was harmless; (2) the Board did not err in determining that Duke's proposal met the conditions of Ohio Rev. Code 4906.10(A)(1); (3) the Board properly accounted for the interest of safety in evaluating Duke's proposal; (4) the Board did not err by not requiring Duke to evaluate the pipeline's impact against the City of Blue Ash's most recent comprehensive plan; (5) the Board did not err in evaluating the pipeline's estimated tax benefits; and (6) the Board did not deprive Blue Ash of due process of law. View "In re Application of Duke Energy Ohio, Inc." on Justia Law
Landis v. WashingtonvState Major League Baseball Stadium Public Facilities District
Under the Americans with Disabilities Act, 42 U.S.C. 12182(a), the Department of Justice (DOJ) promulgated 1991Accessibility Guidelines requiring that in sports stadiums, “[w]heelchair areas shall be an integral part of any fixed seating plan and shall be provided so as to provide people with physical disabilities a choice of admission prices and lines of sight comparable to those for members of the general public.” A 1996 DOJ guidance document (Accessible Stadiums) provides: Wheelchair seating locations must provide lines of sight comparable to those provided to other spectators. In stadiums where spectators can be expected to stand during the show or event (for example, football, baseball, basketball games, or rock concerts), all or substantially all of the wheelchair seating locations must provide a line of sight over standing spectators."Plaintiffs, baseball fans with ADA-qualifying disabilities, use wheelchairs for mobility. The Stadium, designed in 1996 and constructed in 1997-1999, has vertically stacked seating levels sloped toward the field. There is wheelchair-accessible seating on each level. The district court rejected Plaintiffs’ sightline claim and, regarding the Accessible Stadiums standard, concluded: [W]hen the Court reviews the illustrations considering what can be seen over the line representing the standing spectator’s shoulders, i.e., “over the shoulders and between the heads,” more of the field is visible from the accessible seat, making the views comparable." The Ninth Circuit vacated. The district court failed to explain how the Stadium satisfies all the Accessible Stadiums requirements. View "Landis v. WashingtonvState Major League Baseball Stadium Public Facilities District" on Justia Law
LeBrun v. CBS Studios Inc.
In 2017, a scene depicting an armed robbery of a jewelry store was filmed in New Orleans for the CBS television show, NCIS: New Orleans. No permits were obtained for the filming and police were not informed. A neighbor, thinking the robbery was real, called 911. The plaintiffs, all Louisiana residents, were arrested by responding officers and later released. They sought to recover damages in California from CBS, based upon fraudulent representations and/or omissions that were made to them in Louisiana, and that caused them harm in Louisana.The court of appeal affirmed the dismissal of the suit. Code of Civil Procedure section 361 provides that “[w]hen a cause of action has arisen in another State, . . . and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State.” The one-year Louisiana statute of limitations expired before the filing of the action. The court rejected arguments that the causes of action arose in California because the fraud committed in Louisiana allegedly was ratified by CBS’s conduct in California. The plaintiffs cannot state a valid claim for unjust enrichment. View "LeBrun v. CBS Studios Inc." on Justia Law
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
When an AM/FM radio station plays a song over the air, it does not pay public performance royalties to the owner of the original sound recording. Digital and satellite radio providers like Sirius, however, must pay public performance royalties whenever they broadcast post-1972 music. Before a 2018 amendment to the copyright law, 17 U.S.C. 1401(b), they did not have to pay royalties for playing pre-1972 music under federal law. State law was less clear.The district court held that California law, which grants copyright owners an “exclusive ownership” to the music, creates a right of public performance for owners of pre-1972 sound recordings and that Sirius must pay for playing pre-1972 music. The Ninth Circuit reversed, looking to the common law in the 19th century when California first used the phrase “exclusive ownership” in its copyright statute. At that time, no state had recognized a right of public performance for music, and California protected only unpublished works. Nothing suggests that California upended this deeply-rooted common-law understanding of copyright protection when it used the word “exclusive ownership” in its copyright statute in 1872, so “exclusive ownership” does not include the right of public performance. View "Flo & Eddie, Inc. v. Sirius XM Radio, Inc." on Justia Law
Khodorkovskaya v. Gay
Inna Khodorkovskaya sued the director and the playwright of Kleptocracy, a play that ran for a month in 2019 at the Arena Stage in Washington, D.C. She alleged false light invasion of privacy and intentional infliction of emotional distress. Inna, who was a character in Kleptocracy, alleges that the play falsely depicted her as a prostitute and murderer. Inna’s husband was persecuted because of his opposition to Vladimir Putin; the two obtained asylum in the U.K.The district court dismissed her complaint, reasoning that Kleptocracy is a fictional play, even if inspired by historical events, and that the play employed various dramatic devices underscoring its fictional character so that no reasonable audience member would understand the play to communicate that the real-life Inna was a prostitute or murderer. The D.C. Circuit affirmed. “Kleptocracy is not journalism; it is theater. It is, in particular, a theatrical production for a live audience, a genre in which drama and dramatic license are generally the coin of the realm.” The play’s use of a fictional and metaphorical tiger, of Vladimir Putin reciting poetry, and of a ghost reinforce to the reasonable audience member that the play’s contents cannot be taken literally. View "Khodorkovskaya v. Gay" on Justia Law
Belen v. Ryan Seacrest Productions, LLC
Plaintiff filed suit against a reality show's production and media companies for various causes of action after discovering she was filmed while changing clothes in a dressing area designated for models, and that her "nearly fully nude body had been exposed on national television" during the airing of the show. Defendant production and media companies filed a special motion to strike the model's complaint as a strategic lawsuit against public participation under the anti-SLAPP statute, Code of Civil Procedure section 425.16.The Court of Appeal concluded that plaintiff's claims arise from the production and broadcast of an episode of "Shahs of Sunset," which is protected activity. In this case, the court agreed with defendants' assertion that the footage at issue is relevant to the storyline of the episode and that the experience of being a model is an issue of public interest. However, the court concluded that plaintiff has shown a probability of success on her causes of action for invasion of privacy; tortious misappropriation of name or likeness; intentional infliction of emotional distress; and negligence. Accordingly, the court affirmed the trial court's order denying defendants' special motion to strike the complaint, as modified: the separate cause of action for negligent infliction of emotional distress is stricken from the complaint, as it is part and parcel of the negligence cause of action. View "Belen v. Ryan Seacrest Productions, LLC" on Justia Law
National Collegiate Athletic Association. v. Alston
The National Collegiate Athletic Association (NCAA) limits how schools may compensate college-level “amateur” student-athletes. Current and former student-athletes brought suit under Section 1 of the Sherman Act, which prohibits “contract[s], combination[s], or conspirac[ies] in restraint of trade or commerce,” 15 U.S.C. 1. The Ninth Circuit declined to disturb NCAA rules limiting undergraduate athletic scholarships and other compensation related to athletic performance but enjoined certain NCAA rules limiting the education-related benefits, such as scholarships for graduate or vocational school, payments for academic tutoring, or paid post-eligibility internships.The Supreme Court affirmed, considering only the enjoined subset of NCAA rules restricting education-related benefits. Because the NCAA enjoys monopoly control in the relevant market and is capable of depressing wages below competitive levels for student-athletes and thereby restricting the quantity of student-athlete labor, the Court applied “rule of reason” analysis. The Court rejected the NCAA’s argument for “an extremely deferential standard” because it is a joint venture among members who must collaborate to offer consumers a unique product.While a “least restrictive means” test would be erroneous, the district court nowhere expressly or effectively required the NCAA to meet that standard. Only after finding the NCAA’s restraints “patently and inexplicably stricter than is necessary” did the court find the restraints unlawful. Judges must be sensitive to the possibility that the “continuing supervision of a highly detailed decree” could wind up impairing rather than enhancing competition but the district court enjoined only certain restraints—and only after finding both that relaxing these restrictions would not blur the distinction between college and professional sports and thus impair demand, and further that this course represented a significantly (not marginally) less restrictive means of achieving the same procompetitive benefits as the current rules. The injunction preserves considerable leeway for the NCAA. View "National Collegiate Athletic Association. v. Alston" on Justia Law
The Weinstein Co. Holdings, LLC v. Spyglass Media Group, LLC.
Cohen entered into a work-for-hire agreement with SLP, a special purpose entity formed by TWC to make the film, Silver Linings Playbook. Cohen was to receive $250,000 in fixed initial compensation and contingent future compensation of roughly 5% of the movie’s net profits. The movie was released to critical acclaim in 2012. TWC purports to own all the rights pertaining to the movie, including the Cohen Agreement.In 2017, following a flood of sexual misconduct allegations against its co-founder, Harvey Weinstein, TWC filed for Chapter 11 bankruptcy. The bankruptcy court approved TWC’s Asset Purchase Agreement with Spyglass, 11 U.S.C. 363. Spyglass sought a declaratory judgment that the Cohen Agreement and had been sold to Spyglass. If the Cohen Agreement were an executory contract, assumed and assigned under section 365, Spyglass would be responsible for approximately $400,000 in previously unpaid contingent compensation. If Spyglass instead purchased the Cohen Agreement as a non-executory contract, Spyglass would be responsible only for obligations on a go-forward basis. Other writers, producers, and actors with similar works-made-for-hire contracts made similar arguments.The bankruptcy court granted Spyglass summary judgment. The district court and Third Circuit affirmed. Cohen’s remaining obligations under the Agreement are not material and the parties did not clearly avoid New York’s substantial performance rule; the Cohen Agreement is not an executory contract. View "The Weinstein Co. Holdings, LLC v. Spyglass Media Group, LLC." on Justia Law