2017 Detroit Tigers Season Preview

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MLB opening day is almost here, and the Detroit Tigers are going to play some baseball. For the third consecutive season, Mark Sands, my Banished to the Pen colleague, and I have prepared a Tigers season preview, which is available right now on that site. Shifting away from the more formal structure we’ve used in the past, this year’s preview is a by-the-numbers countdown to opening day. The 2017 season promises to be one of the most wide-open seasons for Detroit in recent memory. This preview is as good a way as I’ve found to get yourself geared up to enjoy it, and I guarantee it’s the only one to incorporate never-before-published original photography by this author of the final game of the Tigers’ 2016 season.

The full post is available here.

All Wings Must Pass: As an era comes to an end in Detroit, there’s stories to share (via Sports Illustrated)

Want a beer?

Go ahead. Al just fired up the grill. O.K., technically it’s a reconfigured old nacho stand, not a grill. And officially Al Sobotka is the building operations manager, not a cook. But nobody here cares about that stuff. Al fills it with charcoal and holds a cookout in the arena a few times a year. Yes, cookouts inside an NHL arena. But the Joe is not just any arena, you see. It’s a … well … the right word is probably …

Dump? 

Hey, now. Be nice. Sure, it is kind of a dump. The concourses are too narrow. The restrooms are too few and therefore too crowded. The whole place looks as if it was built after somebody cut the budget in half. Who builds a riverfront arena with no windows? But it has the best sight lines in the NHL and all sorts of accidental character. You’ll be amazed at how many people will miss this place when it closes this spring. Grandmothers will get misty. Grown men will cry into their beer.

Speaking of beer….

Oh, right. Grab one from the stack, right there by the Zamboni. The delivery trucks leave it there because there is no place else to put it. There is only one loading dock, and it’s not sealed off like in those new sporting palaces. That’s why, whether you show up for a morning skate or an evening playoff game, the first thing that hits you is the unmistakable stench of beer. It never goes away. Joe Louis Arena always smells as if it hosted a party that lasted way longer than anybody had expected … which, in a way, it has.

The Detroit Red Wings have made the NHL playoffs every season since 1990–91. The streak, the third longest in pro sports history, has survived four league work stoppages, five presidential administrations, radical NHL rules changes, the influx of European talent and the advent of a salary cap. When it started, Gary Bettman worked for the NBA, where people were wondering if -Michael Jordan would ever win a champion-ship. Peyton Manning was a high school freshman. You could walk into Sears and buy a black-and-white TV, then watch news reports about the Soviet Union, which still existed.

This tastes like chicken sausage.

Well, that’s because it is chicken sausage. Al stopped grilling Italian sausages when NHL players got nutrition-savvy. Anyway, dig in. We’ve got stories to share. … Read More

(via Sports Illustrated)

Sports Law Roundup – 3/17/2017

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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 that began last month 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, has concluded with a jury verdict finding the agent and trainer guilty of charges including alien smuggling and conspiracy. The agent, Bartolo Hernandez, faces between three and fifteen years in prison, while the trainer, Julio Estrada, faces between five and thirty-five years. The government also is seeking $15.75 million prosecutors say the defendants earned through their illegal acts. Sentencing is set for July 11. Defense counsel has indicated an intent to appeal.
  • Penn State child abuse: Earlier this year, 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. Earlier this month, the judge overseeing the case denied the defendants’ request for an immediate appeal of the ruling that they, in fact, must face trial later this month. Now, two of the three defendants– former PSU vice president Gary Schultz and former athletic director Tim Curley– have pleaded guilty to one count each of endangering the welfare of children, a misdemeanor for which the maximum sentence in Pennsylvania is five years in prison and a $10,000 fine. The third defendant, former PSU president Graham Spanier, maintains his innocence. Reports indicate that the Schultz and Curley pleas were entered in connection with a deal with prosecutors, but the judge reportedly “emphasized . . . that he was not bound to honor any [plea] agreement.” Jury selection for the trial remains scheduled to begin on Monday.

Sports court is in recess.

Sports Law Roundup – 3/10/2017

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:

  • NCAA transfer rules: A federal trial judge has dismissed a claim by a former Northern Illinois punter, who alleged that the NCAA rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. That judge rejected an identical claim by a former Weber State football player last fall. Meanwhile, a similar suit filed by a former Northwestern basketball player remains pending in a different court.
  • Minor League Baseball wages: In a significant victory for minor-league baseball players who are suing MLB for higher wages and overtime pay, a judge has granted the plaintiffs’ request for class certification, though on a narrower scope than initially requested. Part of the revision in the class definition included a removal of the players’ claims for compensation for offseason training. The certified class covers all players who played in California League, instructional league, or spring training (included extended spring training) games since February 7, 2011, and who had not previously signed a Major-League contract. In addition to fighting these claims in court, MLB has been pursuing a legislative fix. Late last year, MiLB (MLB’s minor-league component) formed a political action committee that appeared targeted at defeating the players’ lawsuit by supporting the Save America’s Pastime Act, a bill designed to create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections.
  • Arena football labor arbitration: The Arena Football League Players Union has sued the AFL because, the union alleges, the league is improperly holding up a player-grievance dispute. By failing to make a required payment to a labor arbitrator, the union claims, the AFL is preventing the arbitrator from releasing his decision and resolving the grievance. The AFLPU complaint also states that the league has not paid other grievance awards and declined to provide financial information explaining why it has been refusing to make payments owed. Meanwhile, the AFL is embroiled in a separate lawsuit in which a former player has alleged that he has “direct evidence” of the league’s intentional refusal to pay expenses related to the former player’s concussion-related injuries. The former player also has asserted that evidence of his specific targeting by the league for injury exists. The AFL is seeking summary judgment in that case, arguing that the former player must pursue his claims under the applicable state workers’ compensation statute, but the player contends that the evidence of intentional misconduct places his claims outside the workers’ compensation regime.

Sports court is in recess.

Sports Law Roundup – 3/3/2017

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.

Here are the top sports-related legal stories from the past week:

  • Football head injuries: Two former Purdue football players have sued the NCAA and the Big Ten Conference, seeking class-action treatment for their claims that those defendants failed to disclose information about head-trauma risks and provide the university with concussion-management policies. Both named plaintiffs allege that they currently suffer from depression, memory loss, and headaches as a result of concussions experienced while playing football in college.
  • Professional athlete Ponzi scheme: Last year, a banker pleaded guilty to conspiracy, wire fraud, and money laundering in connection with a Ponzi scheme she ran with former NFL player Will Allen designed to defraud investors with a plan to make loans to professional athletes seeking offseason financing when they weren’t receiving payments from their team salaries. On Wednesday, a court sentenced the banker and Allen each to six years in prison for their roles in the criminal scheme.
  • Baseball DUI: A South Korean court has sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence is Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms.
  • Rams fans: Last year, St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles requested class-action status for their case. Having consolidated various of these cases, the judge now has ordered the parties to mediation.
  • Penn State child abuse: Earlier this year, 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 month, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the court has denied those appeal petitions, clearing the way for the trial to begin as scheduled on March 20. (Last week, the judge granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants.)

Sports court is in recess.

Sphaera Veritas: An investigation

If there are two constants in this world they are that 1) Bill Simmons’ The Ringer website, roughly a year after its launch, is a remarkably unessential destination on the sports web and 2) ball don’t lie. Now, however, there’s reason to question both of those constants.

In just the sort of article that site ought to be running, The Ringer today puts to the test Rasheed Wallace’s presumptive– and heretofore unquestioned– universal edict that ball, in fact, don’t lie, and asks some hard questions.

2017 Atlanta Braves Season Preview

Spring training is under way, which makes this the perfect time to find out what’s going on with the Atlanta Braves as they prepare for their first season in Cobb County. My latest contribution to Banished to the Pen is a preview of the 2017 Atlanta Braves. Even more than usual, I do recommend taking in this and other Braves content, including however you prefer to track game action, from the relative comfort of your home, office, or mobile unit, because actually getting to these games is going to be a bear, and El Oso Blanco lives in Houston now.

The full post is available here.

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.