Floyd Mayweather Sued Over Palms Incident
Floyd Mayweather, Jr. was sued in a Nevada Court arising out of an incident that occurred at the Palms Hotel-Casino last year. Anthony Cliff claims he was beaten by Mayweather's bodyguards at Mayweather's request, and was punched and kicked while on the ground. The Palms was also named, on an inadequate security claim, and with allegations that Palms security did nothing to assist Cliff during the beating.
Mayweather can absolutely be liable for the actions of his bodyguards, whether he ordered the attack or not. Since the incident occurred in a valet parking area, it should be on tape somewhere. The extent of Cliff's injuries are not known at this point.
Mike Tyson Tattoo May Hold Up The Hangover 2
The highly anticipated sequel, The Hangover 2 is set to release in theaters this Memorial Day. As you can tell from the preview, Mike Tyson's signature facial tattoo plays a significant role in the film. Unfortunately for Warner Bros., the artist of Tyson's tattoo is attempting to sabotage the sequel's opening weekend. S. Victor Whitmill, the artist who created the tattoo, has filed an injunction to stop the release of the film due to copyright infringement on the tattoo. Joe Mullin, of Paidcontent.org, does a nice job breaking down the details of the injunction. It's difficult to wrap your head around someone being able to own the rights to a part of someone's body, especially Mike Tyson's. (You all saw how angry Tyson was when someone took his tiger.)
With Tyson appearing in the first movie and also having an appearance in the sequel, it may be difficult for Whitmill to stop the release of the film. But don't be surprised if there is significant heat put on Warner Bros. to resolve this. Dukes of Hazzard ran into a similar situation that forced a settlement to maintain its release date.
Stay tuned to see how this one plays out....
Post 2: Channelsurfing.net Lawsuit May Go Beyond Brian McCarthy
Earlier this week, we covered a story on channelsurfing.net's founder Brian McCarthy being arrested for streaming sporting events including WWE, UFC, NFL, and NBA events. Originally, it was thought that McCarthy would be convicted of "copyright infringement" and "theft of intellectual property", but after reviewing the complaint, it appears that the main allegations are McCarthy's "linking" to websites containing copyrighted materials.
Demandprogress.org makes an interesting point that this would incriminate anyone who ever sent a link to a copyrighted YouTube video. An interesting point, that could change the way people go about their daily email habits. Is the government going to go ahead a prosecute each and every person who puts up a link to a copyrighted YouTube video? Let's hope not.
Law is something that is supposed to change with time and adapt to changes in society. Obviously, the Internet and new technologies are uncharted territories for certain laws, and the government needs to be sensitive to how it handles each of these instances. It is clear that profiting from the distribution and streaming of sporting events over the Internet should be strictly monitored and controlled, but could the broad allegations and repercussions of a lawsuit stemming from this matter affect more than just those trying to profit off of these sites?
Brian McCarthy of Channelsurfing.net Arrested for Streaming UFC, NBA, NFL, and WWE Events
With all the commotion going on over profit sharing, NFL Players and Owners, and a potential lockout, Brian McCarthy was arrested by agents for operating a website that pirated and streamed telecasts of various sporting events (including the NFL).
Unlike the main players in the NFL negotiations, who are more interested in signing major deals with the giant television channels, UFC has gone ahead and waged a war on the pirating of their Pay Per View Events and online broadcasts of their rapidly growing sport. As more and more of these sites pop up, it is easier for fans to follow their out of town team without paying, or watching a Pay Per View event without shelling out the $50.00 price tag. The UFC has taken exception and is looking to strike back.
McCarthy, the owner of Channelsurfing.net since 2005 made over $90,000 in profits from online advertising he sold to online merchants. Was the $90,000 worth potentially 5 years in prison? McCarthy will face up to five years if convicted of "copyright infringement" and "theft of intellectual property". The Southern District of New York's Complex Frauds Unit will be handling the case.
After the UFC reached settlements with various online companies that had been illegally broadcasting UFC events in mid 2010, they are now out to make a statement and McCarthy may be filling that role. Current President of the UFC Dana White was quoted saying, "When people start going to jail, people will stop doing it". I guess we will see if McCarthy will be the poster child for the streaming of sporting events online.
Domestic Violence Incidents: Floyd Mayweather Jr. and Matt Barnes
Two popular athletes have been linked to domestic violence incidents.
Los Angeles Lakers guard Matt Barnes was arrested on Wednesday on domestic violence charges. Police received an incomplete 911 call from Barnes' residence. The call was placed by a woman Barnes was involved with. The call was disconnected by Barnes during a struggle with the woman. Barnes faces charges of domestic violence and malicious obstruction of the use of a telephone. Barnes was released on $50,000 bail. Following his release, Barnes put out a twitter post: "Don't let your ears witness, what your eyes didn't see!!!". Barnes should take notes from Mr. Clemens and refrain from fueling the fire with a twitter post.
If his recent rant that has infuriated the asian and gay communities wasn't enough, Floyd is being linked to a domestic battery complaint. Las Vegas police responded to a call from Josie Harris, mother of Mayweather's child. Police attempted to speak with Mayweather, but could not locate the boxer.
Mayweather and Harris don't have the cleanest history. Harris had accused Mayweather of punching and kicking her while the two were in his Bentley in 2003, but the charges were dropped two years later. Harris testified she lied because she was upset that Mayweather was involved with another woman.
Mayweather remains at large. With his recent public relations blunders, Mayweather should try to surface as soon as possible and at least speak to the police. At this point of course, Mayweather is innocent until proven guilty. Stay tuned to Sports In The Courts Blog for further coverage on this story.
"Sugar" Shane Mosley May Lose Another Lopsided Decision
After losing a lopsided decision at the beginning of the month, "Sugar" Shane Mosley might be in for another brutal defeat.
The most popular defamation allegations in the boxing world have surrounded Manny "Pacman" Pacquiao and Floyd "Money" Mayweather, but Mosley has also quietly orchestrated his own defamation lawsuit.
Mosley's case has dated back to 2008; Mosley has continued to seek his "purse" from BALCO President Victor Conte. Initially, Mosley sued Conte for statements Conte made about Mosley not knowing what he was putting into his body. Conte said Mosley "knew precisely what (he was) using". This excuse has been used many times before by athletes. (See Diego Maradona and Rafael Palmero.) But how can you be unsure what you are putting into your body? The body that makes you millions of dollars, the body that you rely on to keep you in the public spotlight. I will never understand it!
Conte's defense attempted to derail the lawsuit with an initial summary judgment motion which was denied by the New York Supreme Court Justice Louis B. York. When looking closer at Judge York's ruling, there is more to the ruling than a simple denial. In the decision, York avoided a ruling on the merits, and said that the defendant could renew it after discovery was completed. By doing so, Justice York left the door open for Conte's defense to file a second summary judgement motion, which may be on the way.
As time has past, Mosley has pushed to a $12 million defamation claim. Mosley's representation insists his client has lost millions of dollars because of Conte's defamatory words. But has he? The summary judgment motion, in the works, might pack a 1-2 punch that knocks this case out of the New York State Supreme Court.
Part 1: Mosley's reputation and income has not been effected by the claims made by the defendant. Mosley just made at least $6.7 million dollars on his fight earlier this month against Mayweather. We all know boxing is not exactly in its golden years. With the emergence of MMA and the lack of big names in the Heavy Weight Division, boxing can not compete with the other major sports. But somehow, someway Mr. Mosley has earned $6.7 million dollars regardless of Conte's statements. With the help of HBO's hit series 24/7: Mayweather vs. Mosley, "Sugar" Shane was able to put the public's perception of him behind them and allow the fight to earn over $78 million. Did Conte's statements really effect the amount Mosley has made?
Part 2: Conte claims he is telling the "truth". Truth is a complete defense to defamation. If you tell the truth, you can not be liable for defaming someone. In this case, Mosley, a public figure, is not only responsible for proving Conte is lying about the statements, but Mosley must prove Conte acted maliciously or with reckless disregard. Proving this is going to be tough, especially when recent YouTube videos of a deposition Mosley gave last October show Mosley admitting he must have known what he was taking erythropoietin (EPO).
What should Mosley's legal corner tell him? Throw in the towel Shane! You just made millions on a fight and have promoted yourself back into the spotlight for LOSING! Don't run the risk of having the public remember you were a cheater!
Stay tuned........
Thanks BPS
Former UFC Champion, Might Not Be In For An Easy Escape
Former UFC Light Heavy Weight Champion,Tito Ortiz, has found himself in the news for all the wrong reasons. Ortiz was arrested on April 26, 2010 for domestic violence charges in connection to his wife (porn star) Jenna Jameson. According to reports, the victim, Jameson, had no intentions of filing a complaint against her husband Ortiz. Instead, it was reported the victim's father was the complainant.
Since the arrest, it has been an ongoing see-saw of statements from both Ortiz and Jameson. Ortiz has denied all charges, claiming it was a "misunderstanding". Ortiz also brought out Jameson's apparent addiction to Oxycontin. Of course Jameson vehemently denied the addiction and has gone back and fourth with whether or not Ortiz had abused her or if the incident was a "misunderstanding". Both parties have expressed interest in reuniting their marriage.
Because Jenna Jameson is not the complainant in the matter and is only the victim, the outcome of this matter will probably not be resolved as easily as both parties would like. Even if Jenna Jameson goes in front of the Prosecutor and the Judge and says it was all a misunderstanding and she wanted the charges dropped immediately, the prosecutor must evaluate the evidence and speak with all witnesses involved including Jameson's father, the complainant. Only after all parties are heard from, will it be clear as to whether or not the Prosecutor will drop the charges.
Ortiz is not the first high profile athlete to have charges brought against them for domestic violence. These types of cases are extremely difficult to deal with as the Prosecutor and Judge do not want to be responsible for dropping charges of assault and allowing two volatile parties to jump back into the same situation, which could lead to more violence with much more serious injuries and consequences.
Keep an eye out for more developments in this case as Ortiz might find it difficult to escape the grapple of the law in this case.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.