When players or spectators are injured at sporting events, a common and often successful defense alleged by the team or stadium owner is that the person injured assumed the risk of injury; in other words that the injury is considered to be an acceptable risk understood and known to the injured person. Another common defense is that the defendant did not have any notice of the dangerous condition prior to the occurrence so as to permit it the opportunity to correct or warn about it. But with a great number of maple bats literally shattering (a much more dangerous phenomenon … Read the rest
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