DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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133581P.pdf 05/21/2015 James Marshall v. National Football League
U.S. Court of Appeals Case No: 13-3581
and No: 13-3582
and No: 13-3666
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Smith and Kelly, Circuit Judges]
Civil case - Sports law. In this class-action, nearly 25,000 former NFL
players sued the NFL alleging that NFL Films, the commercial film-making
wing of the league, had used their likenesses in a variety of videos in
violation of their publicity rights; following extensive negotiations, the
parties reached a settlement which creates a licensing agency to assist
former players in marketing their publicity rights and establishes up to a
$42 million payout to members of the class. Here, six former players
challenged the settlement on the grounds that it did not provide for
direct payouts to former players and was not fair, reasonable and
adequate. Held, the district court did not abuse its discretion in
approving the settlement as it provides a direct benefit to all class
members and was fair and reasonable considering the complexity and expense
of further litigation, the limited amount of opposition and the merits of
the plaintiffs' case. Judge Smith, concurring.
143428P.pdf 02/26/2016 John Frederick Dryer v. National Football League
U.S. Court of Appeals Case No: 14-3428
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Wollman and Bye, Circuit Judges]
Civil case - Sports Law. In action alleging NFL Films violated the
plaintiff players' rights under the right-of-publicity laws of various
states, as well as their rights under the Lanham Act, the district court
did not err in granting the NFL's motion for summary judgment; the
Copyright Act preempted the players' right-of-publicity claims; because
the plaintiffs provide no evidence that the films contain "misleading or
false statements" regarding their current endorsement of the NFL, their
claim of false endorsement under the Lanham Act fails as a matter of law.