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12 Prof. Sports & L. 1 (2021-2022)

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PROFESSIONAL S

March-April 2021 1 Volume 12, Issue 1

and the

Minor League Baseball Team Has Two
Causes of Action Dismissed

By Jeff Birren, Senior Writer
ough economic times often leads to
litigation as companies try to sue
their way out of their financial difficul-
ties. In 2020 minor league baseball was
shut down by COVID-19, and many
teams filed lawsuits against their insur-
ance companies that denied the claims.
Three teams sued their insurance carriers
in the U.S. District Court in New Jersey,
alleging breach of contract, anticipatory
breach ofcontract, and seeking declaratory
judgment. Recently the Court granted a
motion to dismiss the causes of action
against one defendant because the policies
specifically exclude coverage for any 'loss,
cost or expense caused by resulting from or
relating to any virus' (7th Inning Stretch

LLC et al v. Arch Ins. Co., et al, U.S.D.C,
N.J. Case No. 20-8161 (SDW) (LDW)
(7th Inning'), (1-19-21)).
Background
COVID-19 brought havoc to many busi-
nesses and baseball was no exception. On
March 12, 2020 Major League Baseball
cancelled what remained of spring train-
ing and postponed the start of the regular
season by at least two weeks. Four days
later MLB announced that the regular
season was postponed indefinitely as was
minor league baseball. On June 23, 2020 a
number of minor league teams sued their
insurance companies for denying coverage
for the losses caused by COVID-19 (Chat-
See MINOR on Page 19

Jenner & Block's Sussman Discusses
Trends in Pro Sports and the Media

aving spent more than 25 years in le-
gal and leadership positions at some
of the most prominent companies in the
media industry, as well as served as general
counsel and chief operating officer of the
New York Yankees, David W. Sussman in
uniquely qualified to assess media rights
trends in the professional sports industry.
So recently, we sought out the Jenner
& Bock partner, who is a member of the
firm's Content, Media & Entertainment
Practice, to get his take in the NFL's recently
announced record-breaking deal with tra-
ditional and streaming media companies.
His interview follows.

What is your take on the NFL deal and
its meaning?
For all stakeholders involved in all sports,
this is a sign that sports are alive and well,
COVID notwithstanding.
The dimensions of money just invested
in the NFL is proofofthe pent-up demand,
even a craving, for sports.
You could argue that the NFL is in its
own category because the revenues are
always higher than the other major sports,
which is undeniable. But the doubling
down of the payments of the rights holders
reflects a rising tide of the interest levels,
certainly for broadcasters and hopefully
See JENNER on Page 21

shorter .areers than White
Players

News Briefs               17

COPYRIGHT C- 2021 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM)

16

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