Entertainment Law News for 3.9.10

• A federal judge has given Google and Viacom 10 days to figure out what portions of their recently filed summary judgment motions to keep under seal. Google has been particularly anxious to keep its motion private, leading to objections by observers that there is a First Amendment right of access to court documents. Much of the motions should be public soon, thanks to the latest decision. [All Things Digital/ CNET/ Copyright & Campaigns]

• Lindsay Lohan is suing E-Trade for $100 million, claiming that a boyfriend-stealing, “milkaholic” baby in its latest commercial was modeled after her. The baby’s name was identified as “Lindsay” in the commercial and the actress’ lawyer says she deserves the same single-name recognition as Oprah or Madonna. [NY Post]

• An industry analyst believes that the recent lawsuit by the former heads of the studio that created the “Call of Duty” and “Modern Warfare” video games has the potential to “shape the developer/publisher relationship forever.” [Guardian]

• Quentin Tarantino, Bob and Harvey Weinstein, and Disney are being sued for allegedly ripping off a concept about a man avenging his mother’s murder outlined in a script treatment. The plaintiff claims it was used in the creation of “Kill Bill.” [Read the complaint (PDF download)]

• Two paparazzi are suing ABC for battery, false imprisonment and negligence after being manhandled outside the wedding of “The Bachelor” couple Jason Mesnick and Molly Malaney. [Read the complaint]

Entertainment Law News for 3.2.10

• A dispute over cable retrans fees threatens to remove ABC from Cablevision subscribers in the New York tri-state region just in time for the Oscars telecast. Cablevision says it’s not fair for Disney/ABC to hold its viewers hostage. [THR, PaidContent]

• The Supreme Court today overturned a lower court ruling that threw out an $18 million settlement between publishers and freelance writers in a case about digital rights to works. [Reuters]

• Retailers are refusing to carry an issue of Q magazine showing Lady Gaga in a racy pose on the cover, citing concerns about “crotch grabbing” and a New York State law that prohibits retailers from carrying magazines “showing anything below the nipple.” [Folio]

• A former member of the chart-topping band the Sugababes is suing her ex-bandmates over use of the band’s name. [Mirror] Obviously, the band name has a lot of cache, but the plaintiff has another reason to be litigious: From ABBA to ZZ Top, all the good band names are taken. [WSJ]

• A former model on CBS’ “The Price Is Right” is suing the network over unfair treatment when she became pregnant. Brandi Cochran claims the stress was so severe, her pregnancy ended in miscarriage. Here’s the complaint.

Wall Street Journal Blog on the Luge Accident at the Olympics

Ashby Jones from the Wall Street Journal’s Law Blog has posted a story on potential legal issues surrounding the tragic death of Georgian luge racer Nodar Kumaritashvili last week in Vancouver. Although the grieving family so far has not indicated interest in a lawsuit, any such claim faces obstacles due to the available defenses of express, primary, and secondary implied assumption of risk. Given apparent complaints about the track prior to the accident, however, a plaintiff might be able to overcome such obstacles.

Man found liable for his “Happy Gilmore Swing”

From the thresq blog:

In the 1996 film “Happy Gilmore,” Adam Sandler showcases an unorthodox golf swing to win the Tour Championship and save his grandmother’s home from IRS debt.

A judge in the Supreme Court of Nova Scotia, Canada, has just ruled that the “Happy Gilmore shot” breaches a duty of care on the golf course.

In the case, the plaintiff sued after the defendant tried to impress his golfing buddies during a bachelor party outing that included beer, tequila, and marijuana. On the 16th hole, under the influence, Travis Hayter whipped out his “Happy Gilmore shot,” which the court defined in 2008 as “running from five to ten feet behind the ball and hitting it on the run.”

The ball leapt up and struck the plaintiff in the wrist, then in the chest, causing permanent damage to the radial nerve. The plaintiff no longer was able to return to his former work as a woodsman on account of the incident.

“The defendant’s behavior was not among the ‘natural risks’ of golfing to which the plaintiff can be said to have consented,” ruled Judge Arthur J. LeBlanc.

Others have have tried the “Happy Gilmore shot,” including pro Padraig Harrington, who noted in a Sports Science episode that “it’s perfectly legal to use the Happy Gilmore swing on the golf course.”