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.
Wednesday, September 19, 2007
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.
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
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."
* * * * *
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.
* * * * *
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.
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.
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