I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.
Here are the top sports-related legal stories from the past week:
- Hou-Hugh Feud: Houston Nutt, which is a real human man’s name, is the former head football coach at Ole Miss. He has sued that school and its athletic department because, he alleges, school representatives’ public statements linking an ongoing NCAA investigation of the university’s football program to Nutt violated a term of the 2011 severance agreement between Nutt and Ole Miss precluding the university from, in the complaint’s words, “making any statement whatsoever relative to Coach Nutt’s tenure as an employee of Ole Miss that might damage or harm his reputation as a football coach. Ole Miss was contractually prohibited from making any statement whatsoever, truthful or not, that may damage or harm Coach Nutt’s reputation.” The complaint highlights, in substantial detail, statements to reporters by Ole Miss Athletic Director Ross Bjork, Sports Information Director Kyle Campbell, and current head football coach Hugh Freeze, whose scheduled appearance at SEC Media Days was twenty-four hours after Nutt filed his lawsuit. Freeze did not directly address the allegations that day, saying only that he was not happy with the “ironic” timing of the filing of the suit and that he hadn’t seen Nutt in years. Freeze also read a prepared no-comment statement during his turn at the podium, thereafter referring to the NCAA investigation– and, indirectly, the lawsuit– as “the lot that we’ve inherited or caused in some cases,” a statement Nutt likely will cite as Freeze’s unrepentant casting of blame on Nutt.
- Cheerleader wages: In May, the Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, reached a $250,000 settlement of Herington’s proposed class action lawsuit that provided for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. Now, the judge overseeing the case conditionally certified it as a collective action for settlement purposes but refused to approve the settlement agreement itself, explaining that he currently lacks sufficient information to determine “whether the settlement ‘is a fair and reasonable resolution’ of” the dispute. Prior reports indicated that the $250,000 settlement amount was significantly less than what some other teams paid to resolve similar lawsuits.
- Daily Fantasy Sports: Last month, the inevitable merger between DraftKings and FanDuel announced last November hit a probably inevitable regulatory hurdle when the Federal Trade Commission filed a lawsuit in an attempt to block the merger, and a judge granted the FTC a temporary restraining order that halted the merger. In an email to users sent yesterday, DraftKings announced that it has “formally terminated our merger with FanDuel and will withdraw litigation from [sic?]” the FTC.
- Baseball DUI: This spring, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, but it arose out of his third DUI arrest in his native country. As a result, Kang had trouble securing a visa to reenter the U.S., which caused him to miss all of spring training, and, now, the entire first half of the current MLB season. This week, Pirates GM Neal Huntington said that one could “pretty much eliminate the thought” that Kang would play for Pittsburgh in 2017, and that the team has turned its “optimistic” eyes toward a 2018 return.
- Umpire discrimination: Last week, Angel Hernandez, a longtime MLB umpire who is of Cuban descent, sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, among other claims. This week, FanGraphs identified Hernandez as the umpire responsible for the worst called strike of the first half of the 2017 season.
Sports court is in recess.