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In this Issue | |
Trading Card Company Seeks Declaratory Judgment on Using Luck's Image
Olympians File Lawsuit Against Facebook Application
Nick Diaz Files Suit Over Suspension
ASU Sued for Wrongful Termination |
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ALSO
NFL Players Association Sues NFL Coaches Association for $650,000
Former Memphis Basketball Player Files Suit Against Spanish Basketball Federation
Additional Former NFL Players Join Concussion Lawsuits
Legally Blind Triathlete Files Suit Over "Blackout" Glasses
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The May, 2012 Issue of the
"Sports Lawyer" is Now Available
Faculty Editors
Gary Roberts - Indiana University Robert H. McKinney School of Law
Gabe Feldman - Tulane University Law School
Student Editors
Kemper C. Powell - Senior Managing Editor
Michelle M. Chatelain - Senior Articles Editor
Ian Gunn - Junior Managing Editor
Ryan Leske - Senior Articles Editor
Staff
Colin Burgess
Benjamin Clark
Eric Ferrante
Evan Gordon
Ian Gunn
Omar Gutierrez
Ryan Leske
Gordon McGuire
Tarryn Walsh
 
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MMA Fighter Nick Diaz Files Suit against Nevada Athletic Commission 
On April 24, 2012, UFC welterweight fighter Nick Diaz sued the Nevada State Athletic Commission (NSAC) in Clark County State Court in Las Vegas, Nevada to dismiss his temporary suspension. Diaz seeks a timely hearing on his suspension and a dismissal of all charges.
In February 2012, Diaz tested positive for marijuana after his fight against Carlos Condit, resulting in a temporary suspension from the NSAC. Since then, Diaz has waited for a full hearing to prove his case and receive a final judgment on his suspension. On April 24, Diaz filed suit against the NSAC claiming the delays in the hearing process have violated his rights to a timely hearing. Diaz also claims that the marijuana metabolites he tested positive for are not banned by the NSAC. The NSAC later alleged that Diaz had lied on a pre-fight questionnaire by denying he was on prescription drugs. However, Diaz contends that his legal medical marijuana card is not a prescription. He seeks full dismissal of all charges.
"Not only did Nick Diaz violate the law by testing positive for marijuana metabolites, but he also lied to the Commission on his Pre-Fight Questionnaire when he swore that he had not used any prescribed
medications in two weeks before the fight," said Jennifer Lopez, the public information officer for the Nevada Attorney General. "[The] complaint does not allege any facts support[ing] that Diaz violated a rule," said Diaz's attorney, Ross C. Goodman. Goodman is of Goodman Law Group, P.C. in Las Vegas.
- Ian Gunn |
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Additional Concussion Lawsuits Cite "Bounty" System in Complaint Against NFL
On April 16, 2012, former NFL players Myron Guyton, Lomas Brown, Jessie Small, and Willie Whitehead sued the NFL for fraudulent and negligent misrepresentations and negligence in Georgia state court in Atlanta. The lawsuit, which alleges that the NFL failed to properly protect its players from concussions, is the first to cite the New Orleans Saints' bounty system as evidence.
Since August 2011, over sixty class action lawsuits for head trauma involving over one thousand players have named the NFL as defendant. Recent NFL investigations of the Saints' bounty system found that
former Saints defensive coordinator Gregg Williams offered cash payouts for violent hits and encouraged players to participate in bounty pools as large as $50,000. The lawsuit specifically points to Williams's comments before the Saints' January 2012 playoff game against the San Francisco 49ers in which he encouraged players to injure their opponents, stating, "kill the head and the body will die." In the suit, the players claim the bounty system evidences a culture that has left former players with debilitating conditions. Specifically, the former players suffer from memory loss, headaches, depression, and other symptoms characteristic of those with traumatic brain injuries. The former players seek compensatory and punitive damages and the establishment of a medical monitoring regime.
"It stands in contrast to the league's actions to better protect players and advance the science and medical understanding of the management and treatment of concussions," said NFL spokesman Brian McCarthy in response to the allegations. The former players are represented by Von A. Dubose, Naveen Ramachandrappa, and Manoj S. Varghese of Bondurant, Mixson, & Elmore, LLP in Atlanta and E. Marcus Davis of Davis, Zipperman, Kirschenbaum, & Lotito, LLP in Atlanta. .
-Gordon McGuire |
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 Olympians Sue Samsung Over Facebook Application
On April 25, 2012, Mark Spitz and seventeen other former U.S. Olympians filed suit against Samsung Corporation for misappropriation of name in the Superior Court of the State of California in Los Angeles. The Olympians allege that Samsung inappropriately used their names and images in a Facebook application called the Samsung Olympic Genome Project.
Since March 2012, the application has linked the Olympians to consumers. The Olympians contend that Samsung attempted to profit from their likenesses by placing the Samsung trademark and
advertisements in the application. They claim that the application violates California publicity right law by using their likenesses for commercial purposes without their consent. See Cal. Civ. Code § 3344. The Olympians are seeking licensing fees, a percentage of interest in sales, and punitive damages.
"We have honored the requests of the athletes who have filed suit to remove their names, as we offered to do months ago, and of course we will remove any athletes that do not wish to be listed," stated United States Olympic Committee spokesman Patrick Sandusky. Richard J. Foster, attorney for the Olympians, responded, "The project clearly sought to induce sales of Samsung products and sought to build the athletic community around its brand." The Olympians are represented by Foster of the Law Office of Richard J. Foster in Seal Beach, CA.
- Evan Gordon |
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Trading Card Company Sues Andrew Luck Asserting Right to Use
On April 20, 2012, Leaf Trading Cards (Leaf) sued Andrew Luck, the first overall pick in the 2012 NFLDraft, seeking a declaratory judgment in Dallas County District Court in Texas that would allow it to produce trading cards with photos of Luck. Leaf claims that its rights are protected First Amendment speech, and permitted by an express license from the party that produces the U.S. Army All-American Bowl.
In 2008, Luck played in the U.S. Army All-American Bowl, a prominent high school football all-star game. Leaf has produced trading cards featuring participants in the all-star games since the 2009 Bowl. SportsLink, the producer of the game, granted Leaf an exclusive license to use the images of the participants and bowl alumni in the production of sports memorabilia. In 2012, Leaf began to produce several different products featuring Luck's image. On April 13, 2012, Luck's attorneys sent a cease and desist letter to Leaf's president claiming that Luck had not authorized the use of his image for these trading cards and demanding that Leaf stop making and selling any cards using photos of Luck. The letter also required that Leaf post a retraction on its website apologizing to Luck and that Leaf provide a report of all profits made in connection with the Luck cards. On April 20, Leaf filed a complaint claiming that the First Amendment and its express license from SportsLink protect its right to produce the cards. Leaf seeks a declaratory judgment stating that it has the right to produce cards with Luck's image and that it has not violated Luck's publicity rights. "Leaf Trading Cards is disappointed that it was forced to submit this matter to the judicial system," said O. Luke Davis, III, the attorney representing Leaf. "We are confident, however, that the court will find that Leaf has the right to produce and sell the Andrew Luck trading cards." Leaf is represented by Davis of Glast, Phillips & Murray, P.C. in Dallas. Luck's cease and desist letter claims that "Mr. Luck has never authorized Leaf to use his name, image, likeness, or persona in this manner." Luck is represented by Douglas A. Rettew of Finnegan, Henderson, Farabow, Garret & Dunner, LLP in New York.
-Ryan Leske
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