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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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