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MLBAM v CBC - US Supreme Crt - Summary of Petition PDF Print E-mail
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Fantasy Stats Case
Written by Lawrence W. Boes   
Thursday, 17 April 2008 17:58

MLBAM v. C. B. C. Dist. & Mktg. Inc.
(U.S. Supreme Court Dkt. No. 07-1099)
BASEBALL’S CASE AGAINST CBC IS IN THE NINTH INNING--
SUMMARY OF PETITION FOR WRIT OF CERTIORAR
I

Boes Cert Summary

Introduction: A Magistrate Judge of the U.S. District Court for the Eastern District of Missouri in St. Louis granted summary judgment to CBC on August 6, 2006, granting declaratory judgment in its favor and dismissing all claims by MLBAM and MLBPA. This included two contested claims, one asserting CBC breached the MLB players’ “right of publicity” under Missouri state law, by using their names and “stats” in its fantasy baseball games without a license from MLBAM, and the second based on a 2002 license agreement with MLBPA that CBC would, before and after its termination, neither use, nor challenge the validity of, that license. On appeals by MLBAM and MLBPA to the Court of Appeals for the Eighth Circuit, a three-judge panel decided on October 16, 2007, to affirm the judgment as to both claims, with one judge dissenting on the second claim; then on November 26, 2007, the Eighth Circuit denied rehearing en banc (i.e., by the whole court).1

Read this entire summary here (PDF)

 
 
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