Former baseball major leaguer Jose Offerman will serve two years of a special form of probation for attacking two players with a bat during a minor league game in August. Bridgeport (Connecticut) Superior Court Judge James Ginocchio granted the two-time All-Star accelerated rehabilitation Tuesday after hearing from current and former major league players supporting Offerman. Two felony assault charges will be erased from his record if he abides by the terms of the probation.
Offerman was playing for the Atlantic League's Long Island Ducks on Aug. 14 in Bridgeport when he was hit by a pitch and charged the mound with his bat. Bridgeport Bluefish catcher John Nathans sustained a concussion and Bluefish pitcher (and former Phillie) Matt Beech had a broken finger on his non-throwing hand after the incident.
Offerman apologized in court Tuesday.
Tuesday, October 30, 2007
Thursday, October 25, 2007
Ex Louisiana-Lafayette coach wins discrimination suit
The first black head football coach at any major Louisiana university has won a $2 million judgment in a lawsuit claiming that the University of Louisiana at Lafayette fired him because of his race, not because his teams lost 80 percent of their games. Jurors found that Jerry Baldwin's race wasn't the only reason he lost the job, but was among the reasons. University officials broke his contract and inflicted emotional distress through negligence, according to the jury of six whites and six blacks.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Patriots get ticket sellers names
The New England Patriots have won a bid to get the names of all the fans who bought or sold -- or tried to buy or sell -- tickets to home games through online ticket reseller StubHub Inc., a move one technology group sees as an invasion of privacy. In a lawsuit against San Francisco-based StubHub, a subsidiary of eBay Inc., claiming that the Web site encourages fans to break state law and violate team policies, the Patriots said they could seek to revoke season tickets of people who use StubHub.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
Friday, October 19, 2007
Rockies seek trademark protection for "Rocktober"
DENVER -- "Rocktober," the new shorthand for the Colorado Rockies' amazing playoff run, is showing up everywhere from newspaper headlines to handmade ballpark signs. But now the team wants a trademark to keep anyone else from selling keepsakes bearing the word.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
Thursday, October 18, 2007
Hopkins takes Merchant Ivory to Court
Sir Anthony Hopkins is taking Merchant Ivory to court in a bid to claim $750,000 he claims the film production company owes him for a new movie. The actor alleges Merchant Ivory has yet to pay him for starring in "City Of Your Final Destination," so has filed court papers to take the firm to an arbitrator. Hopkins claims the company, who he has made four films with, including the Academy Award-winning "Howard's End," was due to pay him his $750,000 salary by January. Earlier this year, Merchant Ivory disputed Hopkins' version of events.
Thursday, October 4, 2007
Woman sues Bob Barker, "Price Is Right" producers
A woman has sued Bob Barker and the producers of "The Price is Right," alleging she was forced to quit working on the game show. In a lawsuit filed in Los Angeles Superior Court, Deborah Curling claimed she was harassed after she testified against Barker in a harassment lawsuit that was brought against him. Curling's lawsuit alleges hostile working environment, wrongful termination based on retaliation and intentional infliction of emotional distress. Curling is seeking an unspecified amount in damages from Barker, CBS, and production company FremantleMedia.
It's "Wish Upon a Star" vs. "Family Guy"
NEW YORK (AP) -- In the 67 years since its debut, "When You Wish Upon a Star" has been recorded by more than 100 artists and orchestras. But the song's owner is irate about what it calls an unseemly spoof of the familiar tune, saying the dreamy classic was twisted into an anti-Semitic ballad and widely distributed as part of a comedy television program.
In a lawsuit filed Wednesday in U.S. District Court in Manhattan, music publishing house Bourne Co. aims to stop the program's distribution. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. It seeks unspecified damages.
The lawsuit said that in 2000, the defendants included the parody, "I Need a Jew," in an episode of the Fox television animated series "Family Guy." The episode, titled "When You Wish Upon a Weinstein," relied on the premise that the main character could not manage his family's finances and needed to hire a Jewish person to take care of his money, the lawsuit said. During the episode, the main character, Peter Griffin, sings "I Need a Jew," which the lawsuit called a thinly veiled copy of the music from "When You Wish Upon a Star," accompanied by new anti-Semitic lyrics.
According to the lawsuit, Fox initially withheld the episode from distribution because of its content but eventually earned large sums of money by distributing more than 1 million copies of it to the public in various home video formats. It said the Cartoon Network first aired the episode on November 10, 2003.
"When You Wish Upon a Star," written by Ned Washington and Leigh Harline, appeared in 1940 as part of the Walt Disney motion picture "Pinocchio." It won the Academy Award that year for Best Original Song. "With its theme of wholesome hopefulness, the song has gained worldwide status as a classic," the lawsuit said. "By associating Bourne's song with such offensive lyrics and other content in the episode, defendants are harming the value of the song."
Bourne is the sole U.S. copyright owner of "When You Wish Upon a Star."
In a lawsuit filed Wednesday in U.S. District Court in Manhattan, music publishing house Bourne Co. aims to stop the program's distribution. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. It seeks unspecified damages.
The lawsuit said that in 2000, the defendants included the parody, "I Need a Jew," in an episode of the Fox television animated series "Family Guy." The episode, titled "When You Wish Upon a Weinstein," relied on the premise that the main character could not manage his family's finances and needed to hire a Jewish person to take care of his money, the lawsuit said. During the episode, the main character, Peter Griffin, sings "I Need a Jew," which the lawsuit called a thinly veiled copy of the music from "When You Wish Upon a Star," accompanied by new anti-Semitic lyrics.
According to the lawsuit, Fox initially withheld the episode from distribution because of its content but eventually earned large sums of money by distributing more than 1 million copies of it to the public in various home video formats. It said the Cartoon Network first aired the episode on November 10, 2003.
"When You Wish Upon a Star," written by Ned Washington and Leigh Harline, appeared in 1940 as part of the Walt Disney motion picture "Pinocchio." It won the Academy Award that year for Best Original Song. "With its theme of wholesome hopefulness, the song has gained worldwide status as a classic," the lawsuit said. "By associating Bourne's song with such offensive lyrics and other content in the episode, defendants are harming the value of the song."
Bourne is the sole U.S. copyright owner of "When You Wish Upon a Star."
Tuesday, October 2, 2007
Jury: Isiah Thomas, MSG liable for sexual harrassment
NEW YORK -- A jury ruled Tuesday that New York Knicks coach Isiah Thomas sexually harassed a top team executive, subjecting the married mother of three to unwanted advances and a barrage of verbal insults. The jury also found that Madison Square Garden committed harassment against the woman, and ruled that MSG should have to pay her punitive damages. The same jury will now begin deciding the amount of damages.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
Monday, October 1, 2007
REMINDER: ESLS meeting tomorrow, October 2nd
Just a reminder that the next ESLS meeting will be held tomorrow, October 2nd, in Room 209 at 12:30pm. John Bradley, the former chair of the Florida Bar's Entertainment & Sports Law Section will be speaking on a wide range of issues, from sports management to entertainment litigation to IP issues.
See you there!
See you there!
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