Sports Law Roundup – 2/10/2017

Posted on by
5

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

Posted on by
Reply

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

Posted on by
1

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:

  • 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

Posted on by
7

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.

Jim Leyland still isn’t buying media narratives

Posted on by
1

leyland-heat

If you’ve missed hearing Jim Leyland’s gravely voice churning up prefabricated media narratives like rocks in a cement mixer, then do not miss the MLB Network special on Leyland, which airs tonight at 9:00 Eastern.

In advance of the program, Leyland appeared today on MLB Network’s High Heat, refusing to take the bait as host Christopher “Mad Dog” Russo persistently and loudly (as expected) ran Leyland through some of the tougher moments in his more than twenty years as a major-league manager.

For me, Leyland, with his lovable disdain for the media, memorable battles with umpires, smoking of Marlboro Reds, and the mutual affection between him and his players and assistant coaches, is an essential part of the recent stretch of Detroit Tigers success, and he means a lot to the Marlins and Pirates communities too. The mere mention of a Jim Leyland special probably is enough to send most baseball fans to their televisions or DVRs, but if you’re on the fence, here’s the preview video, which includes this shot:

leyland-costas

Plus this guy(!):

gene-leyland

This is going to be a good show no matter what, but I will be a little disappointed if we don’t get to see Leyland singing (or not singing) or talking about his sweet pre-game ritual or post-game dancing.

Trucks Jam

Posted on by
1

Butch Trucks, drummer, Allman Brothers Band founding member, and uncle of modern guitar legend Derek, died this week. Even as the ABB tapered off its touring schedule and eventually concluded its historic run, Trucks continued a vibrant performance life, playing both with established musicians like his band mates and forming new bands with younger players.

One of Trucks’ lesser publicized projects was his personal blog. He started it about a month before this site went live, and it remains the most memorable thing I read online during that period. After speaking, essentially exclusively, through his drumming for decades, his unfiltered, direct, intelligent written communication revealed more of the personality behind his rhythm. And the writing was revealing. He wrote about controversial points in the band’s history, racism, Duane, Dickey, Skynyrd, the reality of his own upbringing, and more, and he even read and responded to reader comments. A rare opportunity to peer inside the active mind of one of the many pillars of rock and roll. The second half of 2011 was his busiest time on the site, which felt like it should have been shut down at any moment by a band PR rep, and he didn’t post there after 2013, but it is essential reading for any fan of the Allmans.

If you want to read something else, here’s an interview with Trucks and Jaimoe, the band’s other original drummer, in connection with the 40th anniversary tour two years ago. Otherwise, I’d recommend leaving all that behind for now and getting into these jams.

__________________________________________________________________

Related
Silent Film Series: Virgil “Fire” Trucks (Detroit, MI 1956)

Sports Law Roundup – 1/20/2017

Posted on by
1

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:

  • Hockey head injuries: In a discovery dispute in a case between the NHL and over one hundred former players alleging that the league knew or should have known that concussions can lead to CTE, the NHL filed a motion seeking a court order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Thus far, BU, which “maintains what it calls the largest brain repository in the world dedicated to the study of CTE,” had refused to provide the league with the requested information on confidentiality grounds.
  • Atlanta Braves Community Fund: A lawsuit alleges that, since at least 2010, the Atlanta Braves have failed to make adequate payments to a nonprofit entity known as the Community Fund as required under the team’s contract with the city (technically the City of Atlanta and Fulton County Recreation Authority) for Turner Field. That contract required the Braves to pay specified shares of revenue from both baseball and non-baseball events at Turner Field to the Community Fund, which now claims that the team underpaid in violation of that contract. The Braves played their final game ever at Turner Field last October.
  • Beatles’ declaration worth many pennies: Since we’re thin on sports law stories this week and sometimes cover music on this site, here included is comment on Paul McCartney’s recent lawsuit seeking a declaration that his prior exercise of certain rights under copyright law will not cause a breach of publishing agreements with Sony. McCartney is hoping to gain control of the rights to songs he wrote prior to 1978 but fears retribution from Sony, which could not provide “clear assurances he won’t face contract troubles for taking back his songs.”

Sports court is in recess.

Detroit Memorial Jam

Posted on by
Reply

Bob Seger is back with his first new song release in over two years. Seger, who hasn’t toured since 2015, just published “Glenn Song,” a tribute to Eagles co-founder and fellow Michigander Glenn Frey, on the first anniversary of Frey’s death. The two had a history of collaboration, with Frey backing Seger on the latter’s first national hit, “Ramblin’ Gamblin’ Man,” and Seger pitching in on the Eagles hit “Heartache Tonight” a decade later. Seger, now seventy-one, is in strong voice on “Glenn Song,” which is available for free streaming and download on his website.

Is the next Mike Trout already in Detroit?

Posted on by
2

mlbf_554824983_th_45

He’s only twenty-five years old, but Mike Trout is the best player in baseball today and one of the best ever. There’s only one of him, though, and he’s under contract with the Angels through 2020, which means that your team can’t have him anytime soon, and, unless your team is the Yankees or Dodgers, it probably can’t afford him once he hits free agency either. If you don’t and won’t ever have Trout himself, your only option is to make like the post-Jordan NBA and find the next Trout. Everybody wants to be like Mike.

The Detroit Tigers, for example, really could use a guy like Trout. They haven’t done much this offseason, and they’re in need of a center fielder. Of course, they had a decent center fielder in 2016 in Cameron Maybin, but the team “traded” him to the Angels as soon as the season was over and, surprise, the Angels didn’t send Trout, who also plays center, to the Tigers in return.

While the hole in the middle of the outfield currently remains unaddressed (the team’s very recent acquisition of Mikie Mahtook notwithstanding), another anticipated outfield move that Detroit has not yet made is trading right fielder J.D. Martinez, who will be a free agent after this coming season. Martinez has been very good since the Tigers acquired him from Houston, and, assuming he returns to form following his elbow injury last season, he will earn a payday next offseason beyond what the Tigers likely will want to offer.

Before Martinez inevitably departs the Motor City, it’s worth taking another look at what exactly the Tigers have in their young right fielder, and, bold as it may seem, asking whether he’s the next Trout.

On one hand, the answer obviously is no. Martinez, in his best season, was, by whichever WAR metric you prefer, about half as valuable as Trout was in his best. There also is the matter of age: while we’d expect The Next Trout to be younger than Trout, J.D. is four years older than Mike.

On the other hand, anyone who’s followed Martinez’s career knows that he was reborn as a hitter after he left Houston for Detroit, creating a bit of deception in his developmental track (I’m sure he doesn’t spend much time thinking about those first three MLB seasons), even if the aging clock ticks on.

Imagining, for purposes of this strained and fabricated narrative, that this “young” Martinez was coming up behind the more experienced Trout, we might also notice that the two outfielders have similar batting profiles.

This afternoon, Baseball Savant creator Darren Wilman tweeted a link to a chart comparing hitters according to their batted ball exit velocity and slugging percentage:

scatter

Right there next to each other at the top of the curve are Trout and Martinez. (Click below to see more precise indications of their positions.)

Everyone knows Trout and Martinez are power-hitting outfielders, but I still was surprised to see how close Martinez was to Trout on this graph. Martinez’s overall value suffers because he plays an easier position than Trout, and, although his defense showed marked improvement in 2015 (before the improvements evaporated in his broken-elbow season last year), plays it less well than Trout plays his. Still, if I’m Martinez’s agent, a chart showing that my client hits– in terms of exit velocity and extra bases– just like Trout is going to be on page one of the Boras Binder I’m distributing this offseason. And if I’m Tigers GM Al Avila, I’ll make sure every potential trade partner this summer catches a glimpse of it too.

Sure, some still want Detroit to make another all-in push in 2017, but the proverbial contention window is hanging as heavy and tenuously in its frame as it ever has for this crew, and it’s tough to imagine a world in which they can retain Martinez. In five years, after seeing him mash in pinstripes or Dodger blue, Tigers fans may look back and see Martinez’s delayed, Trout-esque offensive prime as one of the largest costs of their now-overleveraged roster.