Sports Law Roundup – 7/28/2017

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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:

  • Soccer fan libel: As first reported by your humble compiler, Deadspin, now part of the Gizmodo Media Group, which is the company Univision purchased in its acquisition of the remnants of the Gawker Media Group following Hulk Hogan’s successful libel lawsuit against that company, is facing another libel action. This time, it’s the much less famous Kevin Cheek, who has sued the website after it ran an article about fans engaging in homophobic chants at the first Atlanta United game that he says included a photograph of him taken at a different game. One potential problem for Cheek: the allegedly offending article contains a single picture, which shows the entire stadium, making it impossible to identify the face of any individual fan. It’s possible– maybe probable, in light of the existence of this lawsuit– that the article originally included a different photograph. If it did, though, it escaped the watchful eye of the Internet Archive, which first captured an image of the article five days after publication. It also is possible that the complaint actually is referring to one of the photographs following the article that are associated with one of the “Recommended Stories,” other Deadspin articles about the MLS. In that cached version of the identified article, two of the three photographs in the Recommended Stories section depict Atlanta United fans. If one of those pictures is the one that includes Cheek, it is unclear why his complaint doesn’t instead identify that article.
  • NASCAR trademark: A trademark dispute between one of NASCAR’s most prominent families will continue following an appellate court ruling that an earlier decision dismissing claims brought by Teresa Earnhardt, widow of Dale Earnhardt, against Kerry Earnhardt, Dale’s oldest son, was deficient. Kerry, whose mother was Latane Brown, Dale’s first wife, is a former driver who made his debut on NASCAR’s top circuit (then known as the Winston Cup) at Michigan in 2000, where the field also included his father and half brother, Dale Earnhardt, Jr. After his retirement from NASCAR in 2007, Kerry and his wife partnered with a custom home design company and subsequently sought to trademark “Earnhardt Collection” for use in that industry. Teresa, who owns Dale Earnhardt, Inc. and other “Earnhardt”-related marks, opposed her stepson’s registration bid. The matter now returns to the Trademark Trial and Appeal Board for further adjudication.

Sports court is in recess.

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Swansongs, Vol. 3

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It has been exactly ten months since an occasion has arisen to file a new entry in this series on Atlanta Braves shortstop Dansby Swanson. Thankfully, last night’s win in an unusual game on the road against the Nationals provided an opportunity to revisit the former Vanderbilt star and top overall pick in the MLB draft.

With the Braves leading the Nationals 5-2 in the bottom of the eighth inning, Swanson, positioned on the first-base side of second as part of an infield shift in place against Nationals batter Matt Wieters, snagged a late one-hopper behind him that caused him to go to the ground. Swanson nevertheless was able to flip the ball to the covering third baseman, who went on to complete the inning-ending double play. Full video is available here.

Back in September, when I last wrote about Swanson here, it would’ve been difficult to believe that it wouldn’t be until nearly the All Star break before I would write about him again. Now, the All Star game comes as something of a sore subject in this context. My sure bet for 2017 NL rookie of the year, Swanson wasn’t even among the top five ASG vote-getters at his position.

If you, brave soul, have watched any Atlanta baseball games this year, though this doesn’t come as much of a surprise. In 145 plate appearances last season, Swanson was roughly average at the plate (107 wRC+; but cf. .303 TAv ). This was the source of excitement about Swanson. Everyone knew his glove would play at short, and the evidence of an average-to-slightly-above-average bat suggested great promise for his future. It’s far too soon to abandon hope in that promise, of course; after all, Swanson’s only twenty-three years old. For the time being, though, Swanson appears to have left that bat of his back in 2016. So far this season, he’s been a decidedly below-average performer at the plate (62 wRC+, .234 TAv). By the FanGraphs’ metric, no other shortstop has been worse than Swanson on offense through the same number of plate appearances. While part of that is due to a very rough start, his performance since then hasn’t exactly been a consistent upward climb.

Since Swanson’s defense continues to be solid, the question remains whether he’ll be able to find his batting legs again in the second half of this season. The good– if tentatively so– news is that he at least appears to be trying to correct course. One of the unusual things about Swanson’s approach through the first quarter of the 2017 season was a large dropoff in his swing rates. Just as suddenly as he stopped swinging, perhaps due to a lack of confidence after poor results, though, he– sometime around the end of May and the beginning of June– began swinging again, and generally doing so more than ever.

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(There is a way to present this that’s even more visually dramatic, but I’m learning that some readers may prefer the telling of a story with one graph rather than three or nine.)

There’s a lot of noise in the rest of Swanson’s offensive data, and the improved results haven’t yet surfaced, but there’s evidence that Swanson– along with new Braves hitting coach Kevin Seitzer– is tinkering. Publicly, the entire coaching staff has been nothing but supportive of Swanson throughout his struggles, speaking both to his efforts at improvement and his confidence, the latter undoubtedly aided by the team’s refusal to send Swanson down to the minors.

Swanson’s going to have to do more than just swing the bat if he wants to get back to helping his team on offense as well as defense, of course. Fortunately, there is some indirect evidence that Swanson is on the right track. As Swanson began increasing his swing rates a month ago, opposing pitchers– whose behavioral changes sometimes are the best indicators of a batter’s changing level of success– started decreasing the number of pitches they threw him in the strike zone, often an indication that they view the batter as a more dangerous hitter.

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On the other hand, it could be less a sign of respect for Swanson’s bat and more a simple recognition that Swanson’s swinging more at everything these days. Without the results, it’s hard to tell. Even though it isn’t likely to conclude with a rookie of the year trophy, tThe story of the second half of Swanson’s 2017 is going to be an interesting one.

 

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Previously
Swansongs, Vol. 2
Swansongs, Vol. 1

Sports Law Roundup – 7/7/2017

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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.

After a break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has 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, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.

Ted Turner on the Atlanta Braves’ move to Cobb County

Former Atlanta Braves owner Ted Turner is not a fan of the team’s move to the suburbs:

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Not sure about “sharp,” but those certainly are words.

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Previously
2017 Atlanta Braves Season Preview
Braves finally strike a positive note in move to new stadium
The political costs of a new baseball stadium
Previewing the 2016 Atlanta Braves
The Braves are failing on their own terms
New Braves stadium project continues to falter
Georgia Supreme Court Upholds Cobb’s Braves Stadium Bond Deal
Braves Break Ground on Baseball Boondoggle
The yard sale at Upton Abbey continues
From Barves to Burbs: What’s happening to baseball in Atlanta?

Glad Jam

What can we be other than glad that a being of the sort of Col. Bruce Hampton, Ret., has graced the Earth-stage? Hampton was a wise, even shamanistic mentor in the form of an eccentric and sometimes scary trickster who touched, prodded, pushed, and fostered the careers of so many great musicians. (Click that link for some brief, compelling testimonials from familiar folks.) Elsewhere, I’ve described him as the underground patron saint of modern Southern rock ‘n’ roll, but his influence was broader than that. He died this month on the night of his 70th birthday concert, collapsing onstage at the end of the performance at Atlanta’s Fox Theater in what his friends and collaborators initially thought was nothing more than his latest stunt. (Later that night, one said, “We’ve all seen him do this kind of thing so many times—some of us were going to get down on the stage, too.”)

Writing about Hampton– I tried once before today– isn’t the easiest: he said that one would-be biographer “‘tried to write a book about me, but it was insane—filled with space ships and spies and things that made no sense,’ Hampton said, adding later that this was his 165th trip to the Planet Earth, ‘the only planet in the solar system with aluminum.’” Best just to listen, probably. Snuggled between the various, varied, and engaging interview clips, movie clips (both from the one about him and his appearance in Sling Blade), baseball clips, and concert clips, is this this happy one:

I heard Hampton perform just once, on a magical musical night last summer with some of his most vocal prophets, the Tedeschi Trucks Band, and, although I had to turn down tickets to what would be his final concert, where he passed on to a preferable dimension, I consider myself fortunate enough to have heard him outside on that summer night, and, so many more times, to have heard his influence conveyed through his pupils, subjects, and sonic neighbors. For all of that I am glad indeed.

Sports Law Roundup – 5/5/2017

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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:

  • NBA profiling: In 2015, Mike Scott, then a member of the Atlanta Hawks, and his brother were pulled over and subsequently arrested after a search of their rented vehicle turned up marijuana, ecstasy, and $1,684 in cash.  The deputy sheriff who made the stop later was found to have been racially profiling drivers as part of a forfeiture scheme and placed on administrative leave. Records provided by the Scotts’ attorneys show that the deputy sheriff “pulled over more than 1,400 vehicles in 2015 and 2016 but issued only eight traffic citations. He also arrested 47 people, at least 44 of whom were minorities.” As a result of the profiling, the judge overseeing the Scotts’ drug case this week threw out the key evidence against the defendants.
  • Baseball broadcast settlement: In early 2016, MLB settled a fan antitrust lawsuit targeting the league’s television blackouts and other components of its broadcast system. While the blackouts survived, the fans did win reduced-price single-team subscription options for MLB.tv (I am a subscriber, to varying degrees of satisfaction), as well as a price reduction for the full MLB.tv package. The agreement also included a component that would allow MLB to raise prices in the future in exchange for providing more live streams of in-market games by 2017. That component now is at issue in a new motion filed by the fan group demanding that the court enforce the terms of the settlement agreement. The fans allege that MLB raised prices without the required corresponding in-market streaming increase. They concede that the league may have agreements in place with local television providers to provide the in-market streams, but, the fans argue, “the obvious purpose of the settlement was not that ‘agreements’ of some kind be reached, but that the actual games be available.” The fans also argue that, contrary to what they were promised, MLB has failed to make the “follow your team” game broadcasts available when the selected team is playing the team based in the fan’s local broadcast market.
  • Cheerleader wages: 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, have reached a $250,000 settlement of Herington’s proposed class action lawsuit that provides 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. While not insubstantial, the Journal Sentinel notes that Milwaukee’s $250,000 settlement amount is less than what other teams– for example, the Oakland Raiders ($1.24 million), Tampa Bay Buccaneers ($825,000), and Cincinnati Bengals ($255,000)– have paid to resolve similar lawsuits. Upon learning that Herington was wavering on whether to agree to the settlement, her lawyer, who wanted her to accept the deal, reportedly was overheard telling her that “it’s a Bucks dancer’s choice my friend, better take my advice.”
  • Minor League baseball wages: As predicted two months ago, the court overseeing  the minor-league baseball players lawsuit against MLB for higher wages and overtime pay will permit the parties to appeal its recent ruling certifying the case for class-action treatment. In doing so, the court also decided to stay the case pending resolution of the class-certification issues by the appellate court.

Sports court is in recess.

Babe Ruth, Atlanta, and the Longest Home Run Ever Hit

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The Atlanta Braves debut at their new home, SunTrust Park, tomorrow night. Today, my latest article for The Hardball Times is a look back at baseball in Atlanta in 1928, when there was a ballpark out front of what’s now Ponce City Market, and Babe Ruth hit the longest home run ever.

The full article is available here.

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.

Super Bowly Preview

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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!