Sports Law Roundup – 2/24/2017

aslr

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:

  • Gymnast abuse: The Michigan Attorney General has charged a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who already is facing multiple civil and criminal accusations of improper sexual conduct, with twenty-two additional criminal counts in connection with his alleged sexual abuse of young female athletes. USA Gymnastics and Michigan State terminated their relationships with the doctor following the earlier accusations. Some of the new charges involve victims who were younger than thirteen at the times of the alleged acts, and all of the charges are felonies that carry a maximum sentence of life imprisonment.
  • Cheerleader wages: The judge overseeing the proposed class-action lawsuit filed last month by a former San Francisco 49ers cheerleader, who alleges that the NFL and the twenty-six NFL teams that have cheerleaders conspired to suppress cheerleader wages below market value, has denied the lead plaintiff’s request that she be permitted to use a pseudonym (“Jane Doe”) for purposes of her participation in the lawsuit. Rejecting the plaintiff’s argument that revealing her name would subject her to harassment, injury or embarrassment, the judge found that the plaintiff failed to cite specific threats of harm to her personally. He is allowing her to identify herself only by her first and last initials “for the time being,” however.
  • Penn State child abuse: Earlier this month, a court ruled that three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. Last week, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the judge has granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants, whose appeal request remains unaddressed by the court.

Sports court is in recess.

Sports Law Roundup – 2/17/2017

aslr

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:

  • Baseball human trafficking: The federal criminal trial began this week in Miami in a case in which an agent and trainer were indicted for their alleged roles in a smuggling network designed to move baseball prospects from Cuba into the MLB system.
  • Boxing non-fight fight: Boxer Alexander Povetkin sued fellow heavyweight Deontay Wilder after the latter withdrew from the pair’s scheduled fight last May following the former’s positive test for meldonium, the same banned substance for which Maria Sharapova was banned from tennis competition. This week, a jury returned a verdict in Wilder’s favor, but Povetkin’s attorney wants to keep fighting, alleging that Wilder’s lawyer engaged in “gross and extensive misconduct” during the litigation and implying that he would seek a mistrial.
  • NFL turf: In what the Houston Texans are calling “a case of first impression,” former NFL linebacker Demeco Ryans is suing the team for damages arising out of an alleged career-ending, noncontact Achilles tendon injury Ryans says he suffered when he landed on a seam in the turf while playing in a game against the Texans as a member of the Philadelphia Eagles. Ryans is seeking $10 million, but the Texans say the court should dismiss the case because the NFL collective bargaining agreement preempts his claims. Ryans is hoping to avoid CBA preemption by relying on a prior case involving Reggie Bush, in which Bush injured himself after running out of bounds and slipping on a concrete surface surrounding the field during a game in St. Louis. In Bush’s case, the court ruled that the CBA did not apply, since the injury happened outside the field of play. Ryans’ lawsuit, the Texans highlight, deals with the in-bounds playing surface itself, which, the team argues, is a critical distinction that renders the Bush case inapplicable.
  • Lance Armstrong fraud: A False Claims Act lawsuit against Lance Armstrong will proceed after a judge’s ruling on various motions this week. The case involves allegations that Armstrong, while lying about his doping practices, received millions of dollars from the federal government in connection with his cycling team’s sponsorship by the U.S. Postal Service. Although the government’s case can go forward, Armstrong’s side will be able to argue in mitigation that the government’s benefit from the sponsorship reduces the amount of financial harm it actually suffered.
  • Student-athlete scholarships: Last week, we mentioned a settlement agreement under which the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by alleged athletic scholarship caps. Now, one of the plaintiffs, former USC linebacker Lamar Dawson, has objected to the settlement, which requires court approval before it’s finalized. Dawson’s concern is that the settlement includes a release of certain labor law claims that were not litigated in that particular case and which he is pursuing separately in a wage-and-hour lawsuit against the NCAA.
  • NBA fan app: A court partially dismissed a fan’s lawsuit against the Golden State Warriors, ruling that, although the fan had alleged facts sufficient to show that she had suffered an actual injury as a result of the team’s smartphone app’s alleged secret recording and capturing of her private communications, she had not stated a claim for relief under the federal Wiretap Act because she had not shown how the team intercepted and used her communications. The judge is allowing the fan the opportunity to amend her complaint.
  • Tennis commentator: After ESPN fired him in connection with an on-air remark about Venus Williams during this year’s Australian Open broadcast, Doug Adler, who worked for the network for nearly a decade, has filed a wrongful-termination lawsuit against his former employer, alleging that he was dismissed for saying something he never said. While some heard Adler use the word “gorilla” in reference to Williams, he maintains that he used the word “guerrilla” in describing her approach during the match he was broadcasting. Thanks to the magic of the internet, you can render your own judgment after viewing the clip here.
  • Penn State child abuse: Earlier this month, a court ruled that three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. The trial is supposed to begin next month, but the three defendants are attempting an immediate appeal of the ruling that they must face trial, arguing that a two-year statute of limitations bars the charges, and that Pennsylvania’s child-endangerment laws don’t apply to officials in their positions. In other news, Sandusky’s son, Jeff, has himself been charged with sexually abusing a child.

Sports court is in recess.

Pace of Play Isn’t Going Away (via Baseball Prospectus)

[I]n other sports, the fans have compromised perfection for the sake of pace, abandoned the same idealized sport that Dryden laments. Instead, the virtue is not in perfection but in performance under duress. As games have sped up, decision-making time decreases, mistakes get made. On an episode of Effectively Wild a while back, Russell A. Carleton came to the same conclusion: that the pressures of a pitch clock could result in less prepared pitching. This in itself isn’t a problem; pitching under pressure, managing one’s mental energies toward the next pitch, would just become another trait, another way that some pitchers would excel. But the actual, visible product would be diminished, no longer an ideal.

These compromises get made all the time. Playoff structure is a good example: leagues have generally expanded playoff spots to increase drama, at the cost of victory being less representative of overall dominance. Player safety often requires some level of restriction over play. The cynicist can predict these conflicts by the resulting effect on league income, in the present or future tense; the cynicist would often be correct.

But when it comes to pace there’s something deeper at play than just speeding up a game (and why reducing ad times, beyond the obvious reason, was never on the table[).] It’s not so much that baseball is slowing down than that we are all speeding up. There are those who enjoy baseball for this very anachronistic feeling—I am among them—but we as a demographic are getting older.

Manfred’s task will not be changing baseball’s pace, which he could do with the click of a gold-plated pen. It will be to manage it, to foresee the unforeseeable consequences that accompany every rule change and evolution in sport. … Read More

(via Baseball Prospectus)

The best of his kind: Farewell to Mr. I

bn-sb475_ilitch_j_20170210193600

On Friday afternoon, Mike Ilitch, the owner of the Detroit Red Wings and Tigers, died at the age of eighty-seven. He was a Marine, a minor-league baseball player, and the founder of the Little Caesars pizza chain. In 1987, he bought the Red Wings, and he took over the Tigers (from pizza rival Tom Monaghan, of Domino’s) in 1993. He also rejuvenated the city’s Fox Theater and, much more quietly, paid for Rosa Parks’ housing for the last ten years of her life.

With the Wings and Tigers, Ilitch took over teams with great legacies that had fallen on hard times and built them into championship contenders by doing exactly what every fan hopes the owner of his or her favorite team would do: invest in the team with the goal of winning as much as possible as soon as possible. The results at Joe Louis Arena were unambiguous: four Stanley Cups and some of the best hockey teams ever assembled. While the Tigers couldn’t quite make it to the mountaintop, they have enjoyed a decade or more of top-tier competitiveness that included two World Series appearances, the first of which, in 2006, came just three years after the team lost 119 games.

Ilitch remained committed to his teams, and to his city, through thick and thin. Neil over at New English D recalls one of the more memorable examples of that commitment:

The defining moment will always be the beginning of the 2009 season. The Great Recession had rocked the auto industry and two of the city’s Big Three automakers had to be bailed out by the federal government to survive. General Motors had previously sponsored the center field fountain at Comerica Park but were in no position to spend a couple million dollars on advertising. Rather than selling the space to another company in some other industry, Ilitch put all three logos on the fountain with the message “The Detroit Tigers support our automakers.”

Things were dire around the country but especially in Detroit. The Tigers themselves were feeling squeezed due to decreased ticket sales and surely could have used the capital. In fact, that offseason they traded Curtis Granderson in part because they needed to trim payroll. A city that was once the engine of the American Century was teetering on the brink, but in that moment, Ilitch wasn’t thinking about the ad space. He was thinking about the organization’s role in the community. It’s responsibility to the community, even.
. . .
I have no idea if the free space actually helped the industry recover, but symbolism mattered. Mike Ilitch did right by his city not just when it was easy and when it made him wealthy, but also when things were tough.

As Mike Ilitch’s health waned in recent years, indications have emerged that his son, Chris, was taking on a larger role in the teams’ ownership, and there was some suggestion that Chris might have been behind the Tigers’ moves toward austerity that began with the unceremonious midseason departure of former GM Dave Dombrowski in 2015. It seems unlikely that Chris will continue his father’s free-spending ways, but, beyond that, there’s little public information to inform a prediction about the leadership style of the younger Ilitch.

Maybe it was because he was a self-made man, rather than an inheritor of wealth. Maybe it didn’t matter how he came to be in a position to own two professional sports franchises. From the fans’ perspective, it didn’t matter. What did matter was that Mike Ilitch loved his teams and his city and sought to do right by both by being the ideal team owner, someone who owned teams and financed them for success because sports are supposed to be fun. Today, teams are owned by conglomerates, publicly traded companies, and Wall Street ownership groups that, as often as not, seem to have priorities other than winning. To the extent he was of a kind, Ilitch may be one of the last of that kind, and his generosity will be missed.

Sports Law Roundup – 2/10/2017

aslr

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:

  • Wrestling ban: Last week, the Iranian government announced that it would not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month, in retaliation for President Trump’s executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries. Now, Iran has lifted that ban, saying it will grant visas to the U.S. wrestlers in light of American judicial orders temporarily halting enforcement of the executive order.
  • Student-athlete scholarships: The NCAA, Pac-12, Big XII, Big Ten, SEC, ACC, AAC, C-USA, MAC, MWC, WAC(!), Sun Belt Conference, and a group of student-athletes settled monetary claims in their antitrust dispute for $208.7 million. The suit targeted caps on athletic scholarships. Under the settlement, the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by the caps between March 2010 and the present.
  • Football painkillers: In a case we have been watching (here and here) between the NFL’s teams and a group of former players alleging improper dispensation of painkillers, the judge dismissed many of the players’ claims, including all of their claims against twenty-four of the league’s thirty-two teams. At this time, some claims remain pending against the Lions, Vikings, Packers, Raiders, Broncos, Seahawks, Chargers, and Dolphins.
  • Hockey head injuries: Last month, the NHL asked the judge overseeing a head-injury lawsuit between the league and a group of former players to issue an order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Unsurprisingly, the Center now opposes that request, because disclosing the information would violate the privacy of its research subjects, “impos[e] a burden on the center that will functionally prevent it from conducting any work, and creat[e] a chilling effect on research in this field.”
  • Football head injuries: Former NFL player Brian Urlacher sued a hair-restoration clinic alleging unauthorized use of his likeness in advertisements.
  • Athlete advisor fraud: Brian J. Ourand, who worked as a financial advisor to athletes, including Mike Tyson and Glen Rice, admitted stealing over $1 million from his clients and pleaded guilty to federal wire fraud charges.

Sports court is in recess.

The Best Baseball Research of the Past Year

Once again, the Society for American Baseball Research has chosen fifteen (non-ALDLAND) finalists for awards in the areas of contemporary and historical baseball analysis and commentary, and they are holding a public vote to determine the winners.

My latest post at Banished to the Pen highlights each finalist and includes a link to cast your vote to help determine the winners.

Read the full post, which includes summaries of each of the fifteen nominated pieces; reveals my ballot; and includes some general comments on this year’s selections here.

Super Bowly Preview

samuel-jackson-beer

You’ve heard all the go-to Super Bowl “storylines” 1,000 times by now, including the one about how everyone playing in the game used be on the Cleveland Browns or something. With less than an hour to go until kickoff (6:30 pm, FOX), here are a few appetizers before we all get into the heavy stuff:

#Jimbo

A post shared by Pardon My Take (@pardonmytake) on

  • No Super Bowl preview is complete without a season recap from the folks at Bad Lip Reading:

People have to understand: I felt like it was my fault, like it was my responsibility, that the Falcons franchise had been set back. And if Matt had been a bust … then my guilt over the harm I’d caused the city would have only grown worse. So, yeah, I’m human. It hurt when the Falcons drafted Matt. And for a while there, for sure, I was envious of Matt’s position. But Matt being such a success — that’s been a joy for me. For me, that’s been relief. It’s been peace of mind.

And the same thing goes for this MVP season of his (he’s got my vote), and this amazing Super Bowl run (I’ve got the Falcons winning, 23–16). Joy, and relief, and peace of mind. And that’s what I mean, when I say that Atlanta is family. Family isn’t just about when it’s good for you, or when it’s convenient, or when the love comes easy. Family is about when the love comes no matter what.

  • Rembert went to Houston and found all the Falcons fans in town for the big game:

  • The strongest and rightest take:

Enjoy the game!

Sports Law Roundup – 2/3/2017

aslr

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.

After a week off to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. The plaintiff also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: Three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.