ILNews

NFL case to be discussed at Indy Law

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT