NFL Players Flag CBS For Off-Sides

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NFL Players Flag CBS For Off-Sides

Thu Sep 11, 2008 @ 10:29AM PST

By Eriq Gardner

NflThe best offense is a good defense?

Responding to CBS Interactive's lawsuit against the National Football League Players Association, the for-profit marketing arm of the NFLPA has already filed a countersuit in Miami federal court. That was quick.

The plaintiff in the case, NFL Players Inc., claim that CBS doesn't know its linebackers from its linemen. It released a press statement that says CBS filed suit against the wrong defendant (NFLPA instead of NFL Players, Inc.) and in the wrong jurisdiction. The statement reads in part:

"CBS Interactive has engaged in improper 'forum shopping' by filing in Minnesota, since their sole reason for filing there was to take advantage of a prior decision in the same circuit (Eight Circuit Court of Appeals) which allowed a fantasy baseball company to use professional baseball players’ names and statistics without getting a license from the Major League Baseball Players Association."

Here's the decision the NFLPA is referring to.

Of course, forum shopping is permissible in some circumstances and the last we checked, the player's union had members playing football in Minnesota. Not good football. But football nonetheless.

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to [email protected]

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