SBD/Issue 21/Sports Media

CBS Interactive Moves To Dismiss Or Stay NFLPA Fantasy Lawsuit

 CBS Seeking To Have District
Court Stay Or Dismiss NFLPA Suit
The fantasy football legal battle between CBS Interactive and the NFLPA last week went through several additional preliminary steps as CBS Interactive moved to dismiss or stay the union's lawsuit against the media giant in federal district court in Florida, while the NFLPA has requested a case management conference to resolve jurisdictional issues between that suit and a similar one filed by CBS Interactive in federal district court in Minnesota. Both suits follow up the CDM Fantasy Sports battle by seeking to determine whether player names and statistics are licensable commercial property or are protected under the First Amendment. "The Minnesota action was the first-filed action to raise the issues involved in this litigtion," reads CBS' Florida filing in part. "Under controlling Eleventh Circuit precedent, the Minnesota court should therefore determine in the first instance whether to proceed, and if it chooses to do so, this court should defer that decision and stay proceedings or dismiss the case." The NFLPA, which has also moved to transfer the Minnesota case to Florida, has until October 27 to respond CBS' suit, at which point it will move to dismiss. On November 19 the Minnesota district court is scheduled to hear the union's motion on transferring the case, as well a CBS motion for partial summary judgment. "In light of the numerous pending and soon to be pending motions, the NFLPA and NFL Players believe a case management conference would assist the parties and the court in lessening the court's burden and determining the most appropriate schedule for such motions," reads a letter to Minnesota District Court Judge Ann Montgomery from Edward Glennon and Mark Jacobson, Minneapolis-based attorneys representing the union.

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