Quote:
Originally Posted by _Richard_
so you think this will be tough for AHF to win based solely on the potential precedent it could set for sports and 'dangerous work environments'?
Why would you think the DIR would be reluctant, if that's exactly what they have done?
If i were a LLB, id expect a US judge to look at a porn case a whole lot differently than a football case
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Solely is a little misleading. The NFL and football in general in the US is under a microscope right now in light of the findings linking concussions and repeated head injuries to diseases such as ALS (Lou Gehrig's Disease). The NFL has a Player's Union and they are going after the owners. I talked with two former NFL players, one that played for 16 yrs. He cannot get health insurance and he's worried about what may happen to him as he gets older. Congress is even holding hearings about it.
https://www.nflplayers.com/Articles/...Head-Injuries/
A finding that a porn set is a inherently dangerous work environment sets a precedent when a porn set is not nearly as dangerous as a football field.
I would expect a judge to understand that a decision in favor of AHF on this has far-reaching consequences. Not only for the NFL, the NFLPA but also for mainstream sets. The LATATA agents are licensed and bonded no differently then any sports or mainstream agent that does business in California.
The DIR will not be the final arbitrator of any fines (if any are imposed). We have an appellate system. And at some point this will catch the attention of the sports agents and the NFLPA and I would expect them to file what are called amicus curiae briefs on any appeal to help educate an appellate court how a finding against a porn agent could be a precedent used elsewhere. Also, I could see the NFL adding their own amicus curiae briefs to the mix.
In another talent agency case that was heard by the California Supreme Court, amicus curiae briefs were filed by the National Association of Artists? Managers, the National Conference of Personal Managers, the Talent Managers Association, the Association of Talent Agents, and various guilds including SAG, AFTRA, DGA and WGA West.
http://www.lbbslaw.com/publicationdetail.aspx?ID=3259
I would expect an appeal and then for the other interested parties to jump in to educate the court.
How this plays out will be interesting. In regards to 2257, mainstream was able to carve out exceptions for themselves. But I dont know if that would be possible with an issue like this.