Court Victories Last Week for Fantasy Baseball and Mayor Bloomberg

Last week, the United States Supreme Court declined to accept an appeal of an 8th Circuit decision that upheld a fantasy baseball company’s right to use, without license, the names of, statistics and information about major league baseball players in connection with its fantasy baseball products. Fantasy sports are estimated to generate $500 million in revenue per year from more than 19 million participants, according to the Fantasy Sports Trade Association.

The circuit court had held that CBC’s first amendment rights in offering its fantasy baseball products supersede the players’ rights of publicity. The Supreme Courts denial of the petition … Read the rest

Encouraging News? Congress Prepares to Undo Anticipated Supreme Court Decision Precluding Lawsuits Over Dangerous Drugs

In the event that the Supreme Court applies the federal doctrine of preemption to permit the pharmaceutical industry to avoid accountability for the harm dangerous drugs cause, the only remedy would be for Congress to pass a law expressly stating that preemption does not preclude state court lawsuits for compensation.

And that, hopefully, is the goal of the process engaged in by Chairman Rep. Henry A. Waxman of the Committee on Oversight and Government Reform of the U.S. House of Representatives this past Wednesday, May 14, 2008. Similarly, Reps. Frank Pallone (D-N.J.) and Waxman (D-Calif.) have drafted legislation, the Medical … Read the rest