K&C Sports & Entertainment Law Weekly Roundup (November 5, 2024)

Sports:

NFL

• Ohio Attorney General Dave Yost’s office asked a federal judge on Thursday to intervene in a lawsuit filed by the Cleveland Browns to test the “Modell Law,” a state law designed to stop teams from leaving cities that subsidized them with taxpayer money. Ohio AG seeks to intervene in Cleveland Browns lawsuit over ‘Modell Law,’ says team is ‘wrong’ – Cleveland.com
• Hall of Fame running back Barry Sanders facilitated and profited from infringement of an iconic game photo his company uses on memorabilia, logos, and for a statue, a photographer’s New York federal lawsuit said. Barry Sanders Sued by Photographer Over Use of Iconic Game Photo – Bloomberg Law
• Former Denver Broncos outside linebacker Randy Gregory has initiated a significant legal battle against the NFL and his former team, accusing them of discrimination. The basis of Gregory’s lawsuit, as first reported by The Denver Post, centers around the substantial fines exceeding $500,000 he has incurred over the past year for using medications containing THC to manage his disabilities. Randy Gregory sues NFL, Broncos over workplace discrimination for THC fines – MSN
• A dispute over a railing collapse that injured fans at the Washington Commanders‘ stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans’ game tickets. 4th Circ. Reverses NFL Fans’ Win In Railing Collapse Suit – Law360

MLB

• The Chicago Cubs reached a settlement with the Department of Justice over a 2022 lawsuit claiming the team wasn’t accommodating enough for people with disabilities, both sides announced Thursday. Cubs Agree to Alter Wrigley As Part of DOJ Settlement – Front Office Sports

NBA

• A professional basketball player was sentenced to three years of probation in Ohio federal court after being charged with conspiracy and wire fraud for allegedly attempting to avoid paying child support and taxes for several years. Pro Baller Avoids Prison Over Tax, Child Support Scam – Law360
• A federal district court in New York granted final approval to a seven-figure attorney fees award and a multimillion-dollar settlement between Dapper Labs Inc., the firm behind National Basketball Association non-fungible tokens, and a class of purchasers who alleged that these digital assets sold by the defendant were unregistered securities. Dapper Labs $4M Settlement, $1.3M in Attorney Fees Reveal NFT Settlement Trend – Law

Entertainment:

MUSIC

• Live Nation Entertainment Inc. and its Ticketmaster LLC unit lost a bid to compel arbitration in a suit alleging the companies charged inflated ticket fees, as the 9^th Circuit affirmed a lower court’s ruling. Live Nation must face consumer lawsuit over ticket prices, US appeals court rules | Reuters
• Hip-hop artist Megan Thee Stallion sued a social media personality in FL federal court for allegedly acting as a paid surrogate of her convicted shooter, fellow rapper Tory Lanez, to spread lies about the trial and for promoting an AI-generated pornographic video that appears to depict her. Megan Thee Stallion sues blogger over “defamatory falsehoods” related to Tory Lanez shooting – CBS News
• Ed Sheeran’s hit song “Thinking Out Loud” didn’t copy Marvin Gaye’s soul classic “Let’s Get It On,” the 2^nd Circuit affirmed, upholding the district court’s summary judgment ruling and its finding that only sheet music on file with the Copyright Office is relevant to the case. Ed Sheeran wins appeals court ruling in ‘Thinking Out Loud’ lawsuit
• Grammy-winning Atlanta rapper Young Thug agreed to change his plea to guilty in his long-running racketeering conspiracy case, which has become the longest-running criminal trial in GA history. Young Thug released after changing plea to guilty in Georgia’s longest-running criminal trial
• Hip-hop producer Madlib has filed suit in CA state court alleging his longtime business manager has engaged in “rank self-dealing” and is now holding the artist’s music and IP rights hostage. Producer Madlib Files Suit Against Former Manager
• The Recording Industry Association of America told a CA federal court in an amicus brief that the 1^st Amendment protects Nirvana‘s Nevermind album art, warning that allowing child pornography claims by the man featured naked as a baby in the artwork threatens to broadly chill artistic expression. 1st Amendment Protects ‘Nevermind’ Album Art, Judge Told – Law360

FILM & TELEVISION

• Paramount Global faces a proposed class action in NY federal court by a subscriber who accuses the streaming giant of sharing users’ personally identifiable information, including their viewing history, with third parties like Facebook, TikTok and Google without permission, in violation of the Video Privacy Protection Act. Paramount Hit With Class Action Lawsuit Over Sharing User Viewing History
• The 2^nd Circuit refused to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery, saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant. 2nd Circ. Won’t Revive Warner Bros. Discovery Merger Suit – Law360
• Road House screenwriter David Lee Harry appealed the denial of his bid to strike Metro-Goldwyn Mayer Studios Inc.’s breach of contract counterclaims from a copyright lawsuit on free speech grounds to the 9^th ‘Road House’ Writer Appeals to Try Anew to Nix MGM Counterclaim

MEANWHILE, IN HOLLYWOOD…

• A D.C. federal judge sentenced former Bob’s Burgers actor Jay James Johnston to a year and a day in prison after he pled guilty to a single felony count of obstructing officers during civil disorder for his role in the Jan. 6, 2021, insurrection at the U.S. Capitol. Jay Johnston, comedian from ‘Anchorman’ and ‘Mr. Show’, sentenced in Jan. 6 Capitol attack
• Grammy-nominated rap and hip-hop producer Metro Boomin was sued in CA state court for allegedly raping a woman who visited his recording studio in 2016, resulting in an unwanted pregnancy and an abortion. Hip-hop producer Metro Boomin is accused of rape in lawsuit | AP News