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|Kids and Concussions|
Arthur L. ("Tim") Clements; Nicola, Gudbranson & Cooper, LLC;
August 26, 2013, previously published on Summer 2013Are you or someone you know on a school board or the board of a youth sports organization? By now you may have heard about Ohio's new Return-to-Play Law, which is designed to prevent student athletes from returning to practice or competition after suffering concussions until they are medically...
|Texas Plaintiff Takes Another Swing at the "Baseball Rule"|
Matthew J. Kelly, Samuel W. Silver; Schnader Harrison Segal & Lewis LLP;
August 26, 2013, previously published on August 2013For many, excitement at the ballpark includes the possibility, however remote, of a batted ball heading into the awaiting throngs in the stands. Because this is considered an ordinary part of the game that fans expect, if not embrace, the “baseball rule” of limited liability has...
|NFL Suspends Player for Violent Helmet Swing Towards an Opposing Player|
Robert C. Seiger; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 26, 2013, previously published on August 23, 2013Between the whistles of play, professional football is an arguably violent game. Players often put their hearts and souls into their on the field performances for the benefit of their teams. As a result, emotions can often run high.
|Athlete’s’ Rights of Publicity Trump First Amendment in Video Game Context|
Barron L. Stroud; Wong Fleming;
August 22, 2013, previously published on August, 2013In a recent decision by the U.S. Third Circuit Court of Appeals, obviously intended to give guidance in a murky area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of video game manufacturer Electronic Arts (EA). Ryan Hart v....
|Ontario Court of Appeal Upholds Denial of Certification for Problem Gamblers|
Ranjan K. Agarwal, Amanda C. McLachlan; Bennett Jones LLP;
August 19, 2013, previously published on August 15, 2013In a ruling released on July 31, 2013, problem gamblers in Ontario were denied certification of a $3.5-billion class action law suit commenced against the Ontario Lottery and Gaming Corporation. The Court of Appeal’s decision in Dennis v Ontario Lottery and Gaming Corporation marks the third...
|Mad Men Settles Right Of Publicity Case With 79-Year-Old Model|
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
August 15, 2013, previously published on August 13, 2013Lionsgate, the producer of the television show “Mad Men,” recently settled a right of publicity lawsuit brought by 79-year-old former model Gita May Hall for using her image without her consent in the opening credits of the show. The opening credits feature an animation of a businessman...
|Second Circuit Clarifies that Elements of “Skill” Do Not Exempt Gaming from the Reach of IGBA (18 U.S.C. § 1955)|
Dennis M.P. Ehling, Eric G. Fikry, Stephen D. Schrier; Blank Rome LLP;
August 9, 2013, previously published on August 2013A debate has been ongoing in law enforcement and gaming circles over whether operators of online poker sites could be prosecuted for illegal gambling under federal law. Poker, so the argument has gone, is a game of “skill” and not a game of “chance” and, therefore, does not...
|False Start! Objector Says "Not so fast" on Electronic Arts Touchdown Settlement|
Proskauer Rose LLP;
August 9, 2013, previously published on Summer 2013After what has happened at Electronic Arts ("EA") over the last few years, maybe it is time for them to consider a better offensive line. Just as EA thought it was in the open field, the maker of popular video game series such as Madden NFL and NCAA Football is back in the news with...
|Let's Get Ready to Rumble: Boxing Distributor Comes Out Swinging Against Piracy|
Proskauer Rose LLP;
August 9, 2013, previously published on Summer 2013When it comes to the illegal pirating of television signals, J&J Sports Productions, Inc., a boxing distribution heavyweight, apparently does not run from a fight. As the owner of the rights to distribute many high-profile pay-per-view boxing matches, J&J has filed thousands of lawsuits over the...
|Game. Set. Match? - Tennis Channel Seeks Review in Carriage Discrimination Case|
Proskauer Rose LLP;
August 9, 2013, previously published on Summer 2013When we first wrote about this noteworthy dispute in the September 2012 edition of Three Point Shot, it was the first time that a cable network had prevailed against a distributor (in this case, Comcast) on a carriage discrimination claim - as surprising as Virginie Razzano ousting Serena Williams...