ESPN Archives – Blog Business Law – a resource for business law students

Posted by Dalton Soffer.

Erin Andrews, a sportscaster who has worked for ESPN and currently for FOX, was recently awarded $55 million by a Nashville jury for her civil lawsuit against a Nashville, Tennessee hotel owner and her stalker Michael David Barrett. In 2008 Barrett used a hacksaw to tamper with Andrews’ peephole and secretly video taped her while she was undressed. The video was later released on the internet, and it turned in to a nightmare for Andrews. Her privacy was taken from her and she was publicly humiliated after the video surfaced. Andrews gave an emotional testimony and sent out an emotional post on twitter saying the support she has received throughout the whole process has helped her fight to hold those accountable for whose job it is to protect everyone’s security, safety, and privacy.

Andrews originally sought $75 million in her suit however the court settled for $20 million less than that. The jury found the stalker, Barrett, was 51% at fault and was ordered to pay out $28 million, while the West End Hotel Partners, which owns and operates that Nashville Marriott at Vanderbilt University, was found to be 49 percent at fault and asked to pay out more than $26 million. The West End Hotel Partners has said that Barrett is solely responsible for his criminal actions.

In my opinion, I feel like the settlement amount was fair but I do not feel that it was properly divided between the guilty sides. Barrett was more at fault than 51%, I would say he was more like 75% at fault in this and should be ordered to pay more of the settlement.

Dalton is a business major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Lauren Mudrick.

In April 2015, the Entertainment and Sports Performing Network (ESPN) filed a lawsuit in New York Supreme Court against the telecommunications company, Verizon, for breaching a contract. Disney, who owns ESPN, claimed that Verizon made a unilateral decision, with little to no discussion with cable networks, when it released a new cable package called FiOS Custom TV.

The package took channels from basic cable and separated them into smaller specific categories. “ESPN claims that it would have most likely embraced this new innovative package if it were done in compliance with their contractual agreement.” Verizon claims that it is “within the company’s rights under the agreement to give customers these choices, and that this is what the customers want.” 21st Century Fox and NBC Universal joined ESPN in its disagreement with Verizon. These companies too claimed that the FiOS cable package violated their contracts.

A contract is a promise made between parties for which the law recognizes the performance of as a duty, or gives a remedy to the breach of. The said companies had in the past formed a contract with five basic elements: offer, acceptance, consideration, capacity, and legality. With these five elements, the contract is valid unless it is declared voidable or unenforceable. If breached, the courts may rule an equitable remedy for the plaintiff. If Verizon really did go against any element of this contract, ESPN will “be made whole again” by a remedy due from Verizon.

Lauren is a business administration major with a concentration in management at Montclair State University, Class of 2016.