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."
Saturday, September 29, 2007
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.
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.
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.
* * * * * * * * * * * * * * *
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.
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.
* * * * * * * * * * * * * * *
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!!!
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.
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.
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