Sports Law

Lawsuit Against Dan Fegan Kicked Back To State Court

The federal judge assigned to the lawsuit that Independent Sports & Entertainment (ISE) brought against basketball agent Dan Fegan has denied Fegan’s motion to dismiss and remanded the case back to state court.

In the lawsuit, ISE alleges that Fegan breached a non-compete agreement and asked the court to enjoin Fegan from continuing to practice while in breach of same. The main allegation made by ISE was that Fegan had been running a side business in violation of the noncompetition clause. Fegan was terminated by ISE for cause on March 10, 2017.

ISE originally filed the action against Fegan in state court and Fegan removed it to federal court on March 28.

“Dan Fegan’s motion to dismiss was denied, and, as ISE had requested, the matter is now being remanded back to state court,” said ISE’s legal counsel James Fogelman. “We are grateful to the federal court for its careful consideration of these important issues. ISE will continue to pursue its claims until justice has been served.”

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.