Saturday, September 29, 2007

Jets fan sues Patriots, Belichick for $184 million

A New York Jets season-ticket holder filed a class-action lawsuit Friday against the New England Patriots and coach Bill Belichick for "deceiving customers." The lawsuit filed in U.S. District Court in Newark, N.J., by Carl Mayer of Princeton Township, N.J., stems from the Patriots being caught illegally videotaping signals from Jets coaches in New England's 38-14 season-opening win Sept. 9.

"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders.

Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.

"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."

The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.

The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.

"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."

The suit asserts that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.

"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."

Madison Square Garden sues NHL over web "monopoly"

Madison Square Garden sued the NHL yesterday, saying the league has monopolized promotion of its teams. According to the lawsuit, the NHL has claimed it will fine MSG, which owns the New York Rangers, $100,000 per day if it does not give the NHL complete control over the team's Web site and other promotions. MSG said it had no choice but to bring the lawsuit in U.S. District Court in Manhattan because the fines were scheduled to begin yesterday. The organization asked that a judge order the league to stop acting as "an illegal cartel," limiting what the team does to promote itself on the Web and with merchandising efforts.

Update on Isiah Thomas lawsuit

Courtesy of Kati Cornell of the New York Post:

Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.

The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.

Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.

The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.

Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."

The jury was sent home for the weekend, with deliberations set to continue on Monday.

Friday, September 28, 2007

Next Speaker - John Bradley - This Tuesday in Room 209

The next ESLS meeting will be this Tuesday, October 2nd, at 12:30pm in Room 209. John Bradley, of the law firm Bradley & Robinson PL, will be speaking.

John is the former Chair of the Entertainment & Sports Law Section (EASL) of the Florida Bar. His entertainment practice includes representation of musicians, bands, authors, photographers, models, and independent record and publishing companies. His music clients have ranged from local artists to platinum sellers to Grammy-nominated musicians to members of the Rock & Roll Hall of Fame.

In 2006, John started his own Sports Management practice, and received admission to the NFLPA as a contract advisor.

John spoke to ESLS last year and gave an outstanding presentation. He's a fun and exciting speaker that really knows how to connect with an audience. So please come this Tuesday to hear all about IP, entertainment litigation, and being an agent.

For more information on John Bradley, go to musiclawattorney.com.

Note: If you haven't paid dues yet, you can slide payment under the door of room 257 (if no one is there) or bring payment to the meeting.

Wednesday, September 26, 2007

Judge Fines New Line; "Pooh" Case rejected

Judge Fines New Line $125,000 for Failing to Provide Audits

Seeming to undermine contentions by movie studios that their accounting practices are transparent and that profit participants in their films are free to examine their records, a federal judge has fined New Line Cinema $125,000 for failing to provide sufficient documentation about its revenue for "The Lord of the Rings: Fellowship of the Ring." Director Peter Jackson has sued the Time Warner-owned company, demanding details of the studio's audits for the film. However U.S. Magistrate Steven Hillman ruled that New Line had provided only a fraction of the documents requested by Jackson's attorneys in the discovery phase of the trial.

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Appeals Court Affirms Rejection of Pooh Case

A California appeals court on Tuesday upheld a trial judge's 2004 decision to toss out a lawsuit filed by the heirs of Stephen Slesinger, owners of the Winnie the Pooh rights, against the Walt Disney Co. because they had improperly searched Disney dumpsters looking for evidence and had thereby obtained thousands of pages of Disney documents, many of them marked privileged and confidential. Daniel Petrocelli, the attorney representing Disney in the lawsuit, had called the conduct of the Slesingers "an assault on the legal system." The heirs claim that Disney failed to pay royalties owed under a 1983 contract covering Pooh merchandise. A spokesman for the family said Tuesday that they would appeal the ruling to the California Supreme Court.

Monday, September 24, 2007

ESLS Happy Hour!!!

ESLS Happy Hour!!!!

This Thursday, September 27th, at Titanic Brewery from 6-8pm.

As there is no Beer at the Rat this week, come to Titanic and get your drink on with the Entertainment & Sports Law Society!!!

Friday, September 21, 2007

Former Ramone sues over song downloads

Richard "Richie Ramone" Reinhardt, a drummer who spent four years in one of the greatest punk bands of all time, The Ramones, filed a federal lawsuit Friday claiming he is owed nearly $1 million in royalties on songs sold over the Internet.

Reinhardt, who performed with the Ramones between 1983 and 1987, sued Wal-Mart, Apple, RealNetworks, the band's management and the estate of its lead guitarist, claiming he had never fully signed over the rights to the six songs he wrote for the group.

Specifically, Reinhardt said there was never any written deal authorizing the sale of those songs digitally. He said he is owed at least $900,000 in royalties, and asked the court to issue an injunction preventing further use of his compositions without permission.

Along with the digital music stores, the lawsuit names a pair of production companies associated with the band and the estate of guitarist John Cummings, who performed under the name Johnny Ramone.

Wednesday, September 19, 2007

Dan Rather files lawsuit against CBS

NEW YORK - Dan Rather filed a $70 million lawsuit Wednesday against CBS, alleging that the network made him a "scapegoat" for a discredited story about President Bush's National Guard service. The 75-year-old Rather, whose final months were clouded by controversy over the report, says the complaint stems from "CBS' intentional mishandling" of the aftermath of the story.

The lawsuit, filed in State Supreme Court in Manhattan, also names CBS President and CEO Leslie Moonves, Viacom Inc. Chairman Sumner Redstone, and former CBS News President Andrew Heyward. Rather, the former anchorman of the "CBS Evening News," is seeking $20 million in compensatory damages and $50 million in punitive damages.

Tuesday, September 18, 2007

NFLPA seeks help from Congress

WASHINGTON -- Under fire from injured retirees who say they were denied sufficient benefits, the head of the National Football League Players Association asked Congress on Tuesday for greater authority to approve disability claims. Gene Upshaw, director of the players association, said the union currently is limited in what it can do for the scores of former players who are battered and broken from years of playing the violent sport.

At the same time, Upshaw and NFL Commissioner Roger Goodell said league pensions are improving. "We have made great progress, and we are not finished," Upshaw told a Senate committee. "Congress can help." It is the first time the union has asked Congress for help with the problem, which was the subject of a House hearing earlier this year.

Retired football players have been openly critical of the NFL and the players' union over the amount of money that older retirees get from a $1.1 billion fund set aside for disability and pensions. The players' union is asking Congress to change federal law so it has more power on the retirement board that reviews disability claims. Under current law, the union can only name three retired former players to the board. NFL owners appoint the other three representatives.

"Since the NFLPA has been criticized when applications are denied -- even though a majority vote of the six trustees is necessary to make a decision -- and since current players are funding the system, it makes sense for the players to be the ones making the disability decisions," Upshaw said.

The union is also asking Congress to tweak federal workers compensation laws and eliminate some of the layers of bureaucracy that make it harder for claims to be honored.

North Dakota Sen. Byron Dorgan, a Democrat who led the hearing before the Senate Commerce, Science and Transportation Committee, said his preference is that Congress not legislate on the issue but stay involved through oversight. Still, he said, "something's not working the way it should work." Sen. John Kerry, D-Mass., said he is prepared to offer legislation, however, if the problem is not resolved soon. "It seems to me the league is dropping the ball here," he said.

Thursday, September 13, 2007

Suit against Imus dropped

Broadcaster Don Imus will no longer be sued for slander and defamation by a member of the Rutgers University Women's Basketball Team. Imus was axed from CBS Radio earlier this year after he called the mostly-black team a racist and sexist epithet on his radio show, Imus In The Morning. Kia Vaughn filed a lawsuit in New York last month alleging slander and defamation of character - but has dropped the case in a bid to pursue a career in journalism. A spokeswoman for Vaughn's attorney, Richard Ancowitz, says, "Her strong commitments have influenced her decision to withdraw the lawsuit at this time," the statement said. Imus' lawyer Martin Garbus confirmed his client had paid no money to Vaughn.

Tuesday, September 11, 2007

"Wardrobe Malfunction" case begins today

The 3rd U.S. Circuit Court of Appeals in Philadelphia will hear the case of television's most famous Wardrobe Malfunction, and whether or not that incident - accident or planned - should result in a fine of more than half a million on the CBS Network and a $27,500 fine on each of the network's owned local affiliates. CBS initially appealed the fines, calling them illogical because the incident was an accident, not a staged stunt. The FCC contends the network "knew or surely should have known" what was going to happen during their halftime show.

Sunday, September 9, 2007

ABA Forum & EASL

Here are some important links for the upcoming ABA Forum and local chapters of Entertainment and Sports Law Sections (EASL).

The ABA's Forum on Entertainment and Sports Law will be held at the Marriott Marquis in New York from October 11-13. Registration is not cheap. For law students, it costs $325 if registered on or before September 14th, or $425 if registered after that date. The link for the forum is: www.abanet.org/forums/entsports.

The Florida Bar has its own EASL section. Student membership is $25. This is a great way to meet other entertainment and sports lawyers. The section's address is http://easl.info/ and the form for student membership can be found at http://easl.info/modules/Static_Docs/data/affiliate.pdf

The New York Bar's EASL Section has a student membership for $10. Its website is http://www.nysba.org/MSTemplate.cfm?MicrositeID=52

Saturday, September 1, 2007

Potential lawsuits involving Hynde, "Chuck & Larry"

Rocker Chrissie Hynde has threatened to mount a lawsuit against a handbag maker after they used her name to promote a leather bag. Animal rights campaigner Hynde has branded the decision by trendy holdall designer Hogan to name a new ponyskin handbag in their rock chick-inspired collection 'The Chrissie' "outrageous and thoughtless." Hynde says, "I never thought I'd be moved to consider filing a lawsuit, but as soon as I heard my name was being used to promote bags made of dead-animal skin, I started exploring my legal options with my friends at Peta (People For The Ethical Treatment of Animals) At first, I thought this must be a joke, it's so outrageous and thoughtless."

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Australian actor Michael Caton says he was only making a "tongue in cheek" remark when he suggested that comedian Rob Schneider may have helped Adam Sandler plagiarize the Australian film "Strange Bedfellows" for Sandler's "I Now Pronounce You Chuck and Larry." Both films are about two firefighters who pretend to be homosexuals in order to take advantage of tax benefits for gay couples. Caton, who co-starred in "Bedfellows" with Paul (Crocodile Dundee) Hogan, had told a recent news conference that he had given a copy of the movie to Schneider, who appears as an Asian minister in "Larry." Caton appeared with Schneider in the 2001 film "The Animal." Schneider responded by taking out an ad in the Sydney Morning Herald saying, "I am very flattered that you think that I am the one who chooses the films of Adam Sandler (currently the highest paid actor in the world). ... It is true you gave me a DVD copy of "Strange Bedfellows," but I must confess I've never watched it, as it is not on the same format as I have." Caton responded that he hadn't brought up the matter -- reporters had. In a statement to the Herald, Caton added that he was only kidding when he said that he had emailed Schneider a message saying that if the reports about similarities between the two films are true, "tell Adam Sandler [that he] owes me one." He added that he has not seen "Chuck and Larry." Nevertheless, the Herald reported that Shana Levine, one of the "Bedfellows" producers, is considering filing a copyright-infringement suit against the "Chuck and Larry" producers.

Film Academy Sues to Stop Sale of Oscars

The Motion Picture Academy of Arts & Sciences is suing to stop the public sale of two Academy Awards given to silent film star Mary Pickford. In the lawsuit filed Wednesday, the academy claims it has the right to buy the historic statuettes and one owned by her late husband for $10 each. The academy contends an heir to the Oscars demanded $500,000 for one statuette alone in July — an offer the academy refused.

Pickford won the Academy Award for best actress in 1930 and was given an honorary Oscar in 1975. When she died in 1979, they went to her one-time husband, Charles "Buddy" Rogers, the lawsuit said. In 1986, Rogers won the academy's Jean Hersholt Humanitarian Award, and when he died all three awards went to his second wife, Beverly. She died in January, leaving the statuettes to her heirs, who are co-executors of her estate.

The lawsuit names three of the heirs, in their roles as co-executors. It alleges anticipatory breach of contract. The suit claims that academy bylaws dating from 1950 and agreements signed by Oscar winners give the academy the first chance to buy Oscars for $10 each if they ever go on the market.

"If the public believes that any multimillionaire can buy an Oscar, then it becomes cheapened," David W. Quinto, an attorney representing the academy, said Friday. "It becomes an article of commerce rather than a very prestigious award." Quinto said Pickford was a founder of the academy and helped approve the Oscar design. "From the academy's point of view it's just unthinkable that Mary Pickford ... would ever consent to do anything that would ever cheapen it in the eyes of the public," he said.