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NFL case to be discussed at Indy Law

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A roundtable discussion about a U.S. Supreme Court case involving the issue of antitrust laws as applied to the National Football League will be at the Indiana University School of Law - Indianapolis in November.

The question at hand in the case American Needle Inc. v. National Football League, et al., No. 08-661, is whether professional sports leagues should be regarded as single firms or a collection of competitors. The discussion will be at 6 p.m. Nov. 4 at the Wynne Courtroom at Indiana University School of Law - Indianapolis. The free event will count for one hour of CLE credit, pending approval.

The plaintiff is an Illinois-based licensee of intellectual property that manufactures and sells hats with team logos. After the NFL granted an exclusive license to Reebok following a competitive bid, the league effectively terminated American Needle's license. The company then sued the NFL, its member football teams, NFL Properties LLC, and Reebok International Ltd. In its claim, American Needle said the NFL was in violation of Section One of the Sherman Act, arguing there was a conspiracy among the teams to restrain trade.

Last August, the 7th Circuit Court of Appeals affirmed the U.S. District Court for the Northern District of Illinois, Eastern Division's grant of summary judgment to the defendants. In its opinion, the 7th Circuit found the NFL was a single entity. "Simply put, nothing in Section 1 prohibits the NFL teams from cooperating so the league can compete against other entertainment providers. Indeed, antitrust law encourages cooperation inside a business organization - such as, in this case, a professional sports league - to foster competition between that organization and its competitors. ... Viewed in this light, the NFL teams are best described as a single source of economic power when promoting NFL football through licensing the teams' intellectual property, and we thus cannot say that the district court was wrong to so conclude," wrote Judge Michael S. Kanne.

I.U. Law - Indianapolis Dean Gary Roberts will take the position that the 7th Circuit was correct to treat the NFL as a single entity; professor Max Huffman will take the position that the 7th Circuit erred. Professor Antony Page will moderate. The Supreme Court is expected to hear the case in December 2009 or January 2010; an opinion can be expected no later than June.

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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