Student-Athletes File Appeal in Marshall v. ESPNBy Jennifer E. Rothman
October 15, 2015
The student-athlete plaintiffs in Marshall have filed their opening brief in their appeal to the Sixth Circuit. The Tennessee district court had earlier rejected the claim that television broadcasts of collegiate games violated the players’ rights of publicity under Tennessee law. The brief contends that the district court erred by excluding the sports broadcasts from the state's right of publicity law, and also by rejecting the false endorsement claim. In light of the recent decision in O’Bannon v. NCAA by the Ninth Circuit, the brief also emphasizes their antitrust claim.