HART v. ELECTRONIC ARTS, INC.

No. 11-3750.

717 F.3d 141 (2013)

Ryan HART, individually and on behalf of all others similarly situated v. ELECTRONIC ARTS, INC., a Delaware Corporation; Does 1-50. Ryan Hart, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 21, 2013.


Attorney(s) appearing for the Case

Michael Rubin, Esq. [argued] Altshuler, Berzon, Nussbaum & Rubin, San Francisco, CA, Timothy J. Mcllwain, Esq. , Mcllwain & Mullen, Hoboken, NJ, Keith A. McKenna, Esq. , Montclair, NJ, for Appellant. Ryan Hart.

Elizabeth A. McNamara, Esq. , [argued], Davis, Wright & Tremaine, New York, NY, Bruce S. Rosen, Esq. , McCusker, Anselmi, Rosen & Carvelli, Florham Park, NJ, for Appellee Electronic Arts, Inc.

P. Casey Pitts, Esq. , Michael Rubin, Esq. , Altshuler, Berzon, Nussbaum & Rubin, San Francisco, CA, for Major League Baseball Players Association, Major League Soccer Players Union, NFL Players Association, NHL Players Association, and National Basketball Players Association, Amici Appellant.

Duncan W. Crabtree-Ireland, Esq. , Screen Actors Guild , Los Angeles, CA, for Screen Actors Guild, Inc., American Federation of Television and Radio Artists, AFL-CIO, and Luminary Group LLC, Amici Appellant.

Nathan E. Siegel, Esq. , Levine, Sullivan, Koch & Schulz, Washington, DC, for Advance Publications, Inc., A & E Television Networks, Inc., Activision Blizzard, Inc., Bloomberg News, Capcom U.S.A., Inc., Comic Book Legal Defense Fund, Daily News, L.P., Dow Jones Local Media Group, ESPN, Inc., First Amendment Coalition, Forbes, Inc., Freedom Communications, Inc., Gannett Co., Inc., Gawker Media, Hybrid Films, Inc., The McClatchy Company, National Public Radion, Inc., The New York Times Co., North Jersey Media Group Inc., Pennsylvania Newspaper Association, Press-Enterprise Company, The Radio Television Digital News Association, Reporters Committee for Freedom of the Press, Square-Enix, Inc., Take-Two Interactive Software, Inc., THQ, Inc., The Washington Post Co., and Wenner Media, Amici Appellee.

Douglas E. Mirell, Esq. , Eric B. Schwartz, Esq. , Loeb & Loeb, Los Angeles, CA, Motion Picture Association of America, Inc., Amicus Appellee.

Julie A. Ahrens, Esq. Stanford Law School Standord, CA, for the Organization for Transformative Works, International Documentary Association, International Documentary Association, Digital Media Law Project, Irene Calboli, Danielle M. Conway, Jon M. Garon, Deborah R. Gerhardt, Greg Lastowka, Mark A. Lemley, Yvette Joy Liebesman, Phillip R. Malone, Jason M. Schultz, Jessica Silbey, Amici Appellee.

Before: AMBRO, GREENAWAY, JR., and TASHIMA, Circuit Judges.


OPINION

GREENAWAY, JR., Circuit Judge.

In 2009, Appellant Ryan Hart ("Appellant" or "Hart")1 brought suit against Appellee Electronic Arts, Inc. ("Appellee" or "EA") for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant's claims stemmed from Appellee's alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District Court...

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