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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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