Peter J. Coscarart; Bernardo Carbo; Frank P. Crosetti; Kenneth F. Landreaux; Milton S. Pappas, individually and on behalf of all others similarly situated v. Major League Baseball, an unincorporated association and Major League Baseball Pro
Published: Apr. 25, 1998 | Result Date: Feb. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 7647366 Verdict – $85,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Jeffrey G. Benz
(Benz Law Group/Benz ADR)
Defendant
Jeffrey E. Faucette
(Skaggs Faucette LLP)
Martin R. Glick
(Arnold & Porter Kaye Scholer LLP)
Daniel B. Asimow
(Arnold & Porter Kaye Scholer LLP)
Experts
Plaintiff
Paul K. Meyer
(technical)
Facts
The plaintiffs, were a certified class of 384 retired Major League Baseball players who joined a voluntary marketing program established by defendant Major League Baseball Properties in which Major League Baseball Properties, as the agent of defendant Major League Baseball, licensed their names and images for use on retail products, such as baseball cards. The program operated on a "pool" basis, and provided each participant with an annual royalty check. Major League Baseball Properties absorbed all overhead in running the program, and offered to match the participant's contribution of their royalties to charity. A dispute arose and the plaintiffs brought this action against the defendant based on breach of contract and breach of fiduciary duty theories of recovery.
Settlement Discussions
Plaintiffs demanded $104 million ($200,000 for every non-Hall of Fame player in the class and $1 million for every Hall of Fame player in the class). The defendants made a C.C.P. º998 offer of $47,000 ($90 for every non-Hall of Fame player in the class and $450 for every Hall of Fame player in the class).
Other Information
The verdict was reached approximately two years after the case was filed. The plaintiffs intend to appeal the Court's pre-trial ruling that eliminated evidence from the trial of the defendants' failure to pay the plaintiffs royalties for uses of their images in videotapes and film footage. POST TRIAL MOTIONS: The defendants' motion for judgment notwithstanding the verdict to set aside approximately $57,000 of the $89,000 in damages is pending.
Deliberation
approximately two days
Poll
11-1 (in favor of plaintiffs as to breach of contract), 10-2 (in favor of plaintiffs as to breach of fiduciary duty), 11-1 (in favor of defendants as to fraud)
Length
14 days
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