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Brad Box ,  Rainey,  Kizer, Reviere & Bell, PLC, Jackson, TN, recently had the 6th Circuit Court of Appeals affirm the dismissal of Javon Marshall v. ESPN, et. al.  The plaintiffs' brought a nationwide putative class action under Tennessee law, the Sherman Act and the Lanham Act alleging that college football and basketball players have a property interest in their names and images as they appear in television broadcasts of games, and that those broadcasts are illegal unless licensed by every player on each team.  The action was filed against various athletic conferences and television networks.  After dismissal by the United States District Court for the Middle District of Tennessee, the plaintiffs appealed to the 6th Circuit.  The 6th Circuit affirmed holding that the plaintiffs had no legal right under Tennessee statutory law as the Tennessee Personal Rights Protection Act expressly permits the use of any player's name or likeness in connection with any "sports broadcast," and that there is no such recognized right under Tennessee common law.  The panel further held that the plaintiffs had no cause of action under the Sherman Act or Lanham Act.

Gregory S. Young, of the Hinkle Law Firm LLC in Wichita, KS recently won a defense verdict in the case of Klingzell v. Macy and Smith.  The plaintiff alleged both defendants were negligent in failing to properly identify and protect the recurrent laryngeal nerve during surgery and, as a result, the plaintiff suffered bilateral permanent paralysis of the nerve.  The plaintiff further alleged that Dr. Macy failed to timely diagnose the condition post-operatively which precluded the opportunity to perform surgery to repair injury to the nerve.  After only 35 minutes of deliberations the jury found no fault as to both defendant physicians.  Mark R. Maloney of the firm tried the case with Greg.




Do you have a triumph to share? Send a brief summary and a recent photograph to Scott Salter at ssalter@starneslaw.com


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