Justia Entertainment & Sports Law Opinion Summaries

Szarowicz and Birenbaum played on opposing recreational ice hockey teams in a no-check league. When the puck was hit laterally toward the players’ bench. Szarowicz followed the puck; Birenbaum, who was defending the goal, took several strides parallel to the side of the rink along the players’ bench. The puck ricocheted off the board. Szarowicz intended to slap toward the goal so that his offensive teammate could shoot. Birenbaum collided with him, propelling him into the air, causing him to fall to the ice. Szarowicz was briefly knocked unconscious. He left the ice with assistance and was taken to the hospital. He suffered extensive injuries, including six broken ribs, a dislocated shoulder with three fractured bones, a torn rotator cuff, a fractured sternum, a fractured scapula, and a collapsed lung.Szarowicz sued Birenbaum for negligence and intentional tort. The trial court granted Birenbaum summary judgment, concluding checking is an inherent risk of the game and the assumption of risk doctrine barred Szarowicz from recovering damages. The court of appeal reversed. Summary judgment was inappropriate; a triable issue of material fact exists as to whether Birenbaum breached a limited duty of care owed to Szarowicz not to increase the risks to him beyond those inherent in the game. Szarowicz also raised triable issues of material fact as to his intentional tort claim and his prayer for punitive damages. View "Szarowicz v. Birenbaum" on Justia Law

This case arose from a movie-making accident. After her father was injured diving in French Polynesia, Mira Chloe Prickett sued Bonnier Corporation and World Publications, LLC (collectively Bonnier) for compensatory and punitive damages under general maritime law. The trial court granted a judgment on the pleadings against her on the grounds that neither compensatory damages for loss of her father’s society nor punitive damages were available under general maritime law. Appellant Prickett did not cite on appeal any admiralty authority that would allow a child to recover loss of society damages for a nonfatal injury to a non-seaman on the high seas, and – without legislative impetus or compelling logic for such a result – the Court of Appeal declined to do so. The trial court's judgment was affirmed. View "Prickett v. Bonnier Corp." on Justia Law

Charles Fipke, owner of a racehorse that won the 2017 Breeders' Cup Distaff race, initially named real party in interest Joel Rosario as the jockey for the race, but prior to the draw, he removed Rosario and named a different jockey. The race stewards then awarded Rosario a "double jockey fee," which entitled him to the same fee earned by the jockey who replaced him. Fipke challenged the decision, but it was upheld by the California Horse Racing Board and the superior court.The Court of Appeal reversed and held that Business and Professions Code section 19500 prohibits stewards from awarding a double jockey fee to a rider, like Rosario, who is removed from a mount prior to the draw. In this case, it is undisputed that Rosario was removed from his mount prior to the draw, which necessarily means he was removed prior to "scratch time." The court explained that, under section 19500, he was not entitled to a "riding fee" but was, at most, entitled to a "mount fee." The court also concluded that the double jockey fee award is not a fine or monetary penalty and the stewards did not have authority to impose a double jockey fee as a novel form of punishment. View "Fipke v. California Horse Racing Board" on Justia Law

Paul Batiste, a local jazz musician, brought a copyright infringement action against the world-famous hip-hop duo Macklemore & Ryan Lewis. After the district court found no evidence of copyrighting, it granted summary judgment for defendants and then ordered both Batiste and his attorney to pay defendants' attorneys' fees.The Fifth Circuit held that the district court acted well within its discretion in denying Batiste's motion for leave to supplement his summary-judgment opposition. The court also held that the district court correctly granted summary judgment for defendants on the copyright infringement claims where Batiste failed to produce evidence for a reasonable jury to infer that defendants had access to his music or to find striking similarities between his songs and those of defendants. Therefore, he cannot prove factual copying and his copyright claims fail. The court further held that, given the objective unreasonableness of Batiste's claims, his history of litigation misconduct, and his pattern of filing overaggressive copyright actions, the district court did not abuse its discretion in awarding fees to defendants under the Copyright Act. Finally, the court lacked jurisdiction to review Batiste's challenge to the district court's decision to hold his attorney jointly and severally liable for the fee award as a sanction. View "Batiste v. Lewis" on Justia Law

Four Seasons front man Frankie Valli and other defendants associated with Jersey Boys did not infringe Rex Woodard's copyright in the autobiography of Tommy DeVito, now owned by Donna Corbello, Woodard's surviving wife.The Ninth Circuit affirmed the district court's judgment, after a jury trial in favor of defendants, on the sole ground that Jersey Boys did not infringe DeVito's biography, and so the panel did not reach the district court's fair use rationale. The panel rests its decision primarily on the unremarkable proposition that facts, in and of themselves, may not form the basis for a copyright claim. In this case, each of the alleged similarities between the Play and the Work are based on historical facts, common phrases and scenes-a-faire, or elements that were treated as facts in the Work and are thus unprotected by copyright, even though now challenged as fictional. The panel explained that neither Valli nor the other defendants violated Corbello's copyright by depicting in the Play events in their own lives that are also documented in the Work. Therefore, because the Play did not copy any protected elements of the Work, there was no copyright infringement. View "Corbello v. Vallli" on Justia Law

In an antitrust dispute involving the licensing of motion pictures to movie theaters for public exhibition, Flagship obtained a jury verdict against Century. The jury found true Flagship's allegations that Century had engaged in a practice known as "circuit dealing" by entering into licensing agreements with film distributors that covered licenses to play films not just at The River, a theater located two miles away from the Palme d'Or, but at multiple other Century-owned theaters as well, and using these agreements to pressure distributors into refusing to license films to the Palme d'Or.The Court of Appeal held that a Cartwright Act plaintiff asserting a non-monopoly circuit-dealing claim must prove not only that a theater-circuit owner entered into film licensing agreements covering more than one of its theaters, but that such agreements caused net harm to competition, as determined by the balancing of anti and procompetitive effects under the rule of reason. In this case, the court held that substantial evidence does not support the jury's finding of anticompetitive effects in the relevant market. Furthermore, this failure of proof warrants reversal, as circuit dealing based on multi-theater licensing agreements is not per se illegal under the Cartwright Act. The court reversed the judgment and concluded that it need not address Century's remaining arguments, as well as Flagship's separate appeal challenging the amount of attorney fees awarded. View "Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc." on Justia Law

The lawsuit underlying this appeal involves a "spin-off" of the Fast & Furious franchise, a project ultimately released as Fast & Furious Presents: Hobbs & Shaw (the film), on which Moritz allegedly worked as a producer pursuant to an oral agreement with Universal. After Moritz filed suit for breach of a binding oral agreement regarding Moritz's work on the film, appellants moved to compel arbitration based on arbitration agreements in the written producer contracts regarding Moritz's work for Universal on the Fast & Furious franchise.The Court of Appeal affirmed the trial court's denial of appellants' motion to arbitrate, holding that the arbitration agreements from the Fast & Furious movies did not apply to the Hobbs & Shaw spin-off dispute. The court stated that not only is it not clear and unmistakable here that the parties agreed to delegate arbitrability questions concerning Hobbs & Shaw to an arbitrator, no reasonable person in their position would have understood the arbitration provisions in the Fast & Furious contracts to require arbitration of any future claim of whatever nature or type, no matter how unrelated to the agreements nor how distant in the future the claim arose. The court explained that the Federal Arbitration Act (FAA) requires no enforcement of an arbitration provision with respect to disputes unrelated to the contract in which the provision appears. In this case, appellants' argument that an arbitration provision creates a perpetual obligation to arbitrate any conceivable claim that Moritz might ever have against them is plainly inconsistent with the FAA's explicit relatedness requirement. View "Moritz v. Universal City Studios LLC" on Justia Law

The Eleventh Circuit affirmed the district court's grant of summary judgment against Shkelzen Berisha, the son of the former Prime Minister of Albania, who alleges that he was defamed in a book that accused him of being involved in an elaborate arms-dealing scandal in the early 2000s. Guy Lawson wrote the book at issue, called Arms and the Dudes: How Three Stoners from Miami Beach Became the Most Unlikely Gunrunners in History, which tells the supposedly true story of three young Miami, Florida, men who became international arms dealers. Lawson also sold the movie rights to Warner Brothers, which turned the story into the 2016 major motion picture War Dogs, starring Jonah Hill and Miles Teller.After determining that the district court correctly applied the heightened defamation standard for claims brought by public figures, the court held that the district court did not err in finding that there was insufficient evidence to support Berisha's claim that defendants acted with actual malice. The court also held that the district court did not abuse its discretion in denying Berisha's motion to compel where the employee-equivalent doctrine, which extends the attorney-client privilege beyond individuals who control the corporation to include other employees with whom the lawyer must consult in order to advise the company, would likely shield from discovery the communications between Lawson and Simon & Schuster's attorneys. Finally, the court held that Berisha presents no grounds upon which the court could conclude that the district court abused its discretion in denying him an additional and last-minute extension of the discovery deadline. View "Berisha v. Lawson" on Justia Law

In 144 years of the Kentucky Derby, only one horse to cross the finish line first had been disqualified. No winning horse had ever been disqualified for misconduct during the race itself. In 2019, at the 145th Derby, “Maximum Security,” the horse that finished first, was not declared the winner. He would come in last, based on the stewards’ call that Maximum Security committed fouls by impeding the progress of other horses. His owners, the Wests, were not awarded the Derby Trophy, an approximate $1.5 million purse, and potentially far greater financial benefits from owning a stallion that won the Derby.They filed suit under 42 U.S.C. 1983 against the individual stewards, the individual members of the Kentucky Horse Racing Commission, an independent state agency, and the Commission, claiming that the regulation that gave the stewards authority to disqualify Maximum Security is unconstitutionally vague.The Sixth Circuit affirmed the dismissal of the suit. The decision to disqualify Maximum Security was not a “final order[] of an agency” under KRS 13B.140(1) and is not subject to judicial review. The owners had no constitutionally-protected right. Kentucky law provides that “the conduct of horse racing, or the participation in any way in horse racing, . . . is a privilege and not a personal right; and ... may be granted or denied by the racing commission or its duly approved representatives.” View "West v. Kentucky Horse Racing Commission" on Justia Law

Plaintiff Curtis James Jackson III, the hip-hop recording artist known as 50 Cent, appealed the district court's grant of summary judgment for Defendant William Leonard Roberts II, the hip-hop recording artist known as Rick Ross, on the grounds that Jackson's claim of violation of the Connecticut common law right of publicity is preempted by the Copyright Act. The complaint alleged that, on the mixtape entitled Renzel Remixes, Roberts' use of Jackson's voice performing "In Da Club," as well as of Jackson's stage name in the track title identifying that song, violated Jackson's right of publicity under Connecticut common law.The Second Circuit affirmed, holding that Jackson's claim is preempted under the doctrine of implied preemption. In this case, Jackson's Connecticut right of publicity claim does not seek to vindicate any substantial state interests distinct from those furthered by the copyright law, and the policy considerations justifying the doctrine of implied preemption prevail.In the alternative, the court held that Jackson's claim as to the use of his voice on the mixtape is preempted by the express terms of section 301 of the Copyright Act. The court explained that the gravamen of Jackson's right of publicity claim, to the extent it is based on the use of the "In Da Club" sample, is not the use of his identity but rather the use of the copyrighted work itself, and that the focus of his claim therefore comes within the subject matter of copyright. Furthermore, to the extent that Jackson's right of publicity claim is based on the reproduction of a copyrighted work embodying Jackson's voice, that claim is preempted by section 301 because (1) its focus is Roberts' use of a work that falls within the "subject matter of copyright" and (2) it asserts rights that are sufficiently equivalent to the rights protected by federal copyright law. View "Jackson v. Roberts" on Justia Law