Astaire v. Best Film & Video (1997) Suit by Fred Astaire's widow against Best Video for use of Fred Astaire's image in a series of dance videos.
CEDRIC KUSHNER PROMOTIONS, LTD. v. KING 533 U. S. 158 (2001) (A person who is the president and sole shareholder of a closely held corporation, acting within the scope of his authority as corporate employee, may be distinct from the "enterprise" for purposes of 18 USC 1962(c), the RICO statute.)
DASTAR CORP. v. TWENTIETH CENTURY FOX FILM CORP. 539 U. S. 23 (2003) (The phrase "origin of goods" refers to the producer of tangible goods that are offered for sale, and not to the author of any idea, concept, or communication embodied in those goods, thus Section 43 of the Lanham Act does not prevent the unaccredited copying of an uncopyrighted work.)
Dolman v. Agee Copyright infringement suit for music from Laurel & Hardy movies.
ELDRED v. ASHCROFT 537 U. S. 186 (2003) (Congress acted within its authority and did not transgress constitutional limitations in enlarging the duration of copyrights under the Copyright Term Extension Act, placing existing and future copyrights in parity.)
Fonovisa, Inc. v. Cherry Auction, Inc. Swap meet owners aware of sale of pirated copies are liable for contributory infringement of copyright and trademark.
Kodadek v. MTV Networks, Inc. Creator of Beevis & Butthead cartoon loses copyright suit because he doesn't have the original drawings.
Marquez v. Screen Actors Guild, Inc. __ US __ (1998). Collective bargaining agreement found to be valid. Court finds unions do not breach duty of fair representation by negotiating a union security clause using National Labor Relations Act language but not explaining that language.
MGM, Inc. v. Grokster, Ltd. 545 U. S. 913 (2005) (One who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, going beyond mere distribution with knowledge of third-party action, is liable for the resulting acts of infringement by third parties.)
Preston v. Ferrer ___ U. S. ___ (2008) (When parties agree to arbitrate all questions arising under a contract, state laws lodging primary jurisdiction in another forum, whether judicial or administrative, are superseded by the Federal Arbitration Act (FAA). In a dispute involving the question of whether an entertainment industry attorney acted as an unlicensed talent agent in violation of California's Talent Agencies Act, or as a personal manager not governed by the TAA, judgment for respondent-talent granting jurisdiction to the state Labor Commissioner is reversed and remanded.)
Sports
Abdul-Jabbar v. General Motors Corporation (1996) Abdul-Jabbar claimed GMC violated his trademark and publicity rights by using his former name, Lew Alcindor, without his consent, in a television commercial aired during the 1993 NCAA men's basketball tournament.
Advanced Materials v. Secretary of Defense (Federal Cir., 1997). Determination that a cost plus fixed fee arrangement in a contract is enforceable and bars payment of amounts in excess of a specified maximum where procedures are not followed.
Boucher v. Syracuse University (2nd Cir., 1999) Partial reversal of summary judgement for Syracuse and remand for consideration of allegations that Syracuse's athletic program violated Title IX sex discrimination regulations.
Brown, et al. v. Pro Football, Inc. __ US __ (1996). An agreement among several employers bargaining together to implement the terms of their last best faith offer after an impasse is protected from antitrust attack.
Camps Newfound/Owatonna, Inc. v. Town of Harrison __ US __ (1997). Sports camp operated by a church may not be prevented from tax benefits available to charities solely because the camp serves mostly out of state children.
Cardtoons v. Major League Baseball Player Association (10th Cir., 1999). Cardtoons alleged that threat by MLBPA to pursue legal action against them for producing parody baseball cards interfered with Cardtoons' contracts with production companies to make the cards.
Charpentier v. Los Angeles Rams Football Co., Inc. 89 Cal.Rptr.2d 115 (Ca. Ct. App., 4th Dist, 1999). Appellant brought claims for breach of contract, fraud, and breach of implied covenant for the failure of the LA Rams to offer renewal of season tickets after their move from Los Angeles to Saint Louis.
Cohen v. Brown University (1996) Found that Brown University was in violation of Title IX provisions when it demoted certain womens teams from university-funded to donor-funded. Case was appealed to the Supreme Court in 1997.
Cureton v. National Collegiate Athletic Association 198 F.3d 107 (3rd Cir, 1999) The third circuit overrules a permanent injunction against the NCAA preventing use of Proposition 16 to establish eligibility standards for freshman athletics. The court determined that because the NCAA is not a program or ac
Davis v. Monroe Board of Education __ US __ (1999). Where a claimant can demonstrate deliberate indifference to claims of sexual harassment, the school can be held liable for peer on peer harassment under Title IX. The Court cautions that this ruling is not an attempt to require imposit
Faigin v. Doubleday Dell Publishing Group, Inc. (7th Cir., 1996). Defamation suit by Faigin based on unfavorable statements about him in his former agent's autobiography, published by Doubleday Dell. Also see Faigin v. Kelly & Carucci (1st Circuit, 1999) suit against player and author who assisted wit
Faragher v. City of Boca Raton 524 US 775 (1998) City employed lifeguard brough Title VII sexual harassement suit against her immediate superiors and the City of Boca Raton on the grounds that the city was liable for the actions of her supervisors. Read more in You Make the Call...
Flood v. Kuhn 407 U.S. 258 (1972). Court further affirmed the prior cases finding baseball exempt from anti-trust laws and held that after 50 years, any changes would have to be made by Congress, not the Courts.
Franklin v. Gwinnett County Public Schools 503 U.S. 60 (1992). Title IX action by a high school student for sexual harrasement by her physical education teacher. Court found that Title IX does permit awards of damages.
Hartford Accident v. Pro Football, Inc. (DC Circuit, 1997). Pro-Football claimed, on behalf of the Washington Redskins, a breach of contract when the insurer changed rates based on changes in the jurisdiction of certain players.
Hayden v. University of Notre Dame (Ct.App. IN, Sept. 1999). The appellate court overturns a grant of summary judgment for Notre Dame. The court finds that under the totality of the circumstances test applied to a landowner's duty of care towards invitees, a landowner is normally insula
Haywood v. National Basketball Association 401 U.S. 1204 (1971). One page opinion maintaining a preliminary injunction, but important becuase it states that basketball does not enjoy the same exemption from anti-trust laws as baseball does.
International Boxing Club v. U.S. 358 U.S. 242 (1959). Follow up to prior decision finding IBC subject to Sherman Act. Court found that IBC did violate the Sherman Act and ordered the clubs dissolved.
Knapp v. Northwestern University (7th Cir., 1996) Suit alleging violation of the Rehabilitation Act of 1973, based on Northwestern's refusal to allow Knapp to play basketball, after recruiting him in high-school, due to him having a pacemaker.
Law v. NCAA (10th Cir., 1998) Court affirms finding that NCAA violated Sherman Act anti-trust laws by promulgating a rule limiting the starting salaries of Division I entry-level coaches.
Livadas v. Bradshaw 512 US 107 (1994). State policies that deny remedies for breach of contract to parties under a collective bargaining agreement are pre-empted by federal law.
McPherson v. Michigan High School Athletic Association (6th Cir., 1997) Finding that MHSAA 8-semester eligibility rule found to violate the Americans with Disabilities Act, regardless of exceptions for undue hardship, is reversed and remanded for further consideration.
Mercer v. Duke University (4th Cir., 1999). Suit by female placed kicker alleging discrimination in her removal from the Duke University football team. Court finds that where the school has permitted a student of the opposite sex to try out for a single-sex team in a contact sport.
Miller v. Wilkes 172 F.3d 574 (8th Cir., 1999) (PDF) Challenge to school's random drug screening policy as being a violation of student's 4th amendment rights. Read more in You Make the Call...
Minnesota Twins Partnership v. State of Minnesota 592 N.W.2d 847 (1999) Upholds major league baseball's exemption from anti-trust liability and finds that plaintiff ball club need not comply with civil investigative demands by the state. Read more in You Make the Call...
Montalvo v. Radcliffe, II 167 F.3d 873 (4th Cir, 1999). Public karate school is a place of public accomodation, and therefore subject to the Americans with Disabilities Act. Further, appellants infection with the AIDS virus qualifies him for protection under the ADA. However, app
National Collegiate Athletic Association v. Smith __ US __ (decided Feb. 23, 1999). Court held that the NCAA is not subject to discrimination actions under Title IX because it does not receive sufficient government funds to be a government agent or actor.
National Football League v. North American Soccer League 459 U.S. 1074, (1982). Anti-trust case concerning the enforceability of an NFL rule against owners of NFL teams also having ownership in teams of any other professional sport.
NBA v. Motorola, Inc. (2nd Cir., 1997). Court found that Motorola did not misappropriate NBA property by broadcasting real time scores from games in progress over a pager network.
NBA v. Williams (2nd Cir., 1995) Court affirms that anti-trust laws do not apply to collective bargaining agreements by players and teams affiliated with the NBA.
NCAA v. Tarkanian 488 U.S. 179 (1988). The court found that a state university does not make the NCAA rules into state rules by adopting them and so there was no breach of Due Process by the University of Nevada in suspending Tarkanian, UNLV's basketball coach.
Neil v. Board of Trustees (9th Cir.,1999) Court holds that reducing the number of positions available on men's athletic teams in order to save money and promote participation by women is not a violation of Title IX provisions against gender discrimination in sport.
Newton v. Thomason (1994) Wood Newton sued for misappropriation and unfair competion, alleging that a name for a character on the televisions show Evening Shade was stolen.
Oakland Raiders v. National Football League 81 Cal.Rptr.2d 773. Trademark infringement and dilution claims brought by appellant are not subject to the arbitration agreement with the NFL.
PGA TOUR, INC. v. MARTIN 532 U. S. 661 (2001) (42 USC 12182(a) forbids a public accommodation from discriminating against either spectators or competitors on the basis of disability, and use of a golf cart during golf match does not fundamentally alter the game.)
Radovich v. National Football League 352 U.S. 445 (1957). Court finds that business of the National Football League does fall within Sherman Act provisions and the baseball exemption does not extend to football.
San Francisco Arts & Athletics v. United States Olympic Committee 483 U.S. 522, (1987). Found that the USOC has more than mere trademark rights to prevent others from using the term Olympic and therefore may prevent the Gay Games from being named the Gay Olympic Games.
Sandison v. Michigan High School Athletic Association (6th Cir., 1995) Allegations that MHSAA regulations preventing anyone from competing in interscholastic sports if they have reached age 19 is a violation of the Americans with Disabilities Act.
Shaw v. Dallas Cowboys (3rd Cir., 1999) Suit to determine whether a joint broadcasting agreement by NFL teams is exempt from scrutiny under the Sherman Act based on the Sports Broadcasting Act. Read more in You Make the Call...
Silverman v. Major League Baseball Player Relations (2nd Cir.,1995) Court found violation of National Labor Relations Act by the Major League Baseball Players Association based on changes to employment terms in violation of a collective bargaining agreement.
Smith v. NCAA Claim that NCAA rule prohibiting student-athletes from competing in intercollegiate sports while enrolled at a graduate institution other than their undergraduate school was an anti-trust violation, Title IX discrimination, and breach of contract.
Stanley v. University of Southern California 178 F.3d 1069 (9th Cir, 1999). [Cert. denied, 120 S.Ct. 533 (1999)]. The circuit court found that the appellant failed to prove that her position as head coach of women's basketball was substantially equal to that of the men's head coach position, and
Todd v. Rush County Schools (7th Cir., 1998) Challenge to school district policy that students who wish to engage in extra curricular activities must submit to a program of random drug testing. On remand, policy found acceptable and appeal was denied.
Toolson v. New York Yankees 346 U.S. 356 (1953). Court confirms that Major League Baseball does not fall within the federal anti-trust laws codified in the Sherman Act.
U.S. v. International Boxing Club 348 U.S. 236 (1955). The court finds that the cases exempting baseball from Sherman Act violations does not necessarily immunize all other sports as well. This decision would have to be made by Congress.
Vanderbilt University v. DiNardo (6th Circuit, 1999). Vanderbilt brought breach of contract claim against head football coach after he resigned to go to another school. Court found that Vanderbilt was entitled to damages under the employment contract.
Vernonia School Dist. 47J v. Acton (1995) Court found that mandatory drug testing in high school athletics programs was not an unreasonable search or seizure, nor was it an invasion of privacy.
Waits v. Frito-Lay, Inc. (1992) Tom Waits sued the snack food manufacturer and its advertising agency for voice misappropriation and false endorsement following the broadcast of a radio commercial for SalsaRio Doritos which featured a vocal performance imitating Waits' raspy sin
Washington v. Indiana High School Athletic Association 181 F.3d 840 (7th Cir, 1999). Court finds that the IHSAA must allow appellant a waiver of the eight semester athletic elegibility rules. The Americans With Disabilities Act allows for reasonable modifications and a waiver for appellant, who is learning d
Willis v. Anderson Community School Corp. 158 F.3d 415 (7th Cir, 1998). Drug testing of students is acceptable if applied in a manner that is causally related to the policy reasons given for conducting testing. However, such programs must be reasonable and rely on actual causal relationships. It