It’s time to rethink our stance on Jamal Crawford

crawford griffin

I haven’t thought about Jamal Crawford in about eighteen years, since he was a one-and-done for the University of Michigan during Michigan State’s national championship season in 2000. Since then, he’s played in the NBA for Chicago, New York, Golden State, Atlanta, Portland, Los Angeles (Clippers), and Minnesota, his current team. If I’m reading this correctly, Crawford is the active leader in three-point attempts. This morning, Blake Griffin, Crawford’s former teammate in L.A., revealed that Crawford is a BlackBerry user.

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Sports Law Roundup – 12/22/2017

aslr - xmas

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

  • Gymnast abuse: Earlier this month, a judge declared that 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 was facing multiple civil and criminal accusations of improper sexual conduct in connection with his alleged sexual abuse of young female athletes was “a danger to children” and sentenced him to sixty years in prison. Now, one of his most prominent victims, U.S. gold-medalists McKayla Maroney, has sued USA Gymnastics, which, she alleges, tried to stop her from publicly accusing the doctor of abuse. According to Maroney’s complaint, the situation arises out of a prior $1.25 million settlement agreement Maroney reached with USA Gymnastics that contained mutual non-disclosure provisions. Maroney’s current attorney says that while Maroney willingly agreed to that settlement, she did so at a time when she was suffering from emotional trauma and needed the money for “lifesaving psychological treatment and care.” USA Gymnastics says that the parties included the confidentiality provision in the settlement agreement at the insistence of Maroney’s then-attorney, Gloria Allred. Maroney’s complaint also names Michigan State University, the U.S. Olympic Committee, and the doctor as defendants. The doctor still is awaiting sentencing on ten state-law counts of first-degree criminal sexual conduct.
  • Baseball injury: Dustin Fowler, currently an outfielder for the Oakland A’s, filed a negligence action against the Chicago White Sox and Illinois Sports Facilities Authority, which owns and operates Guaranteed Rate Field, because of an injury he suffered when, as a member of the New York Yankees, he ran into an unpadded electrical box in the right-field foul territory of Guaranteed Rate Field during a game last summer. Fowler damaged his knee in the collision, causing his rookie season to end before his first plate appearance, and he ultimately required surgery. Fowler claims that the defendants should have done more to secure the box or protect players from running into it.
  • Sleeve suit: A tattoo artist, whose clients include LeBron James, Kyrie Irving, Tristan Thompson, and Danny Green, is suing the makers of the NBA2K17 video game because, he says, the game’s graphics are so realistic and detailed they include replications of his work, over which he claims copyrights, and he alleges he is entitled to compensation for their use in the game. It’s unclear whether the artist (somewhat confusingly named James Hayden) has sought to protect these rights in other circumstances, such as game broadcasts or television commercials, featuring his clients. This isn’t the first lawsuit against the makers of the NBA2K series of games, however. A different owner of copyrights on NBA player tattoos sued over prior editions of the game and lost because it had not registered those copyrights with the U.S. Patent and Trademark Office. It isn’t clear whether Hayden has registered his trademarks.
  • Super Bowl ticket shortage: A federal appeals court will allow a proposed class action to proceed against the NFL based on allegations that the league’s ticket lottery program for Super Bowl XLVIII, which was played at MetLife Stadium in East Rutherford, New Jersey, only released a fraction of the available tickets to the public. The legal basis of the suit is a New Jersey consumer protection statute that requires the public sale of at least 95% of the tickets for events hosted in the state. The named plaintiff’s claim relies in significant part on an expert economic opinion that the plaintiff paid more for tickets he bought on the secondary market than he would have had the league not withheld more than five percent of the game tickets from the primary public market in violation of the New Jersey law. The federal court now has certified the question of whether the state law applies to the NFL’s actions to the Supreme Court of New Jersey.
  • Hockey island: The State of New York’s economic development agency, Empire State Development, has selected a $1 billion bid by a joint venture directed in part by New York Mets owner Fred Wilpon to develop an entertainment complex that will be the new home of the New York Islanders. The move is significant in that the site, which is part of the Belmont Park racetrack property, is located on Long Island, the place the team called home for all but the last three years, when the franchise left Nassau Coliseum for the Barclays Center in Brooklyn (which, as a geological matter, is part of Long Island but whatever).
  • Music City soccer: On Wednesday, MLS announced that it would award an expansion franchise to Nashville, where the new team is expected to play in a new arena to be built at the city’s fairgrounds. The day before, a local judge had dismissed a lawsuit by opponents of the stadium’s construction because she concluded the plaintiffs lacked standing to challenge the project and determined that the stadium would not impair existing fairground activities, including the state fair.
  • RICO soccer: On Friday in a New York federal court, a jury convicted the former leaders of the Brazilian and Paraguayan soccer associations on racketeering conspiracy charges related to millions of dollars in bribes received in exchange for marketing rights. The jury is continuing to deliberate over similar charges against the former head of the Peruvian soccer association. The maximum sentence for each charge is twenty years in prison.
  • Thursdays are for the lawsuits: On Thursday, Barstool Sports served the NFL with a notice to cease and desist the marketing and sale of a line of apparel the website contends were “made with the intent to trade off of the goodwill associated with” a Barstool-owned trademark, “Saturdays are for the Boys.” (Interestingly, Barstool did not create “Saturdays are for the Boys,” though it did popularize, market, and register as a trademark the phrase one of its writers overheard at a bar.) The allegedly offending products are shirts the NFL is selling with the phrase “Sundays are for” followed by one of its team names or nicknames. The one shown in the cease-and-desist letter is the Dallas t-shirt, which reads “Sundays are for the Boys.” The NFL had pulled that shirt from its online store prior to the sending of the letter, but the others remain available.

Sports court is in recess.

Just in time for the end of the MLB season, the best baseball TV show is live on the internet

starting 9 brian wilson

To be fair, there isn’t a large volume of competition in the daily live MLB television show category. By my count, the established programs are MLB Network’s “MLB Tonight,” FS1’s “MLB Whiparound,” and ESPN’s “Baseball Tonight,” all of which essentially compete to be the first choice in baseball wallpaper.

Enter “Starting 9,” a Barstool Sports production that debuted last week and already has surpassed all of its major-network competitors in every facet. None of those shows sniffs the “appointment-viewing” descriptor, which applies to “Starting 9.” It’s the perfect show for baseball fans in both content and delivery. The show airs live Sunday through Thursday at just the right time– 11:00 pm on weeknights, right after East-Coast games have ended, and 6:00 pm on Sunday, between the end of the afternoon games and the start of the primetime ESPN game– and runs for just the right length of time, about twenty minutes per episode. Adding to the convenience is the fact that “Starting 9” streams on Facebook Live and Periscope, allowing the audience an easy second-screen viewing setup.

Although it’s a web-based show, “Starting 9” looks like a show you’d see on a big sports television network thanks to shiny graphics (the 1990s Donruss baseball card visual reference is a particularly nice touch) and a license to air MLB game highlights. “Starting 9” isn’t on a big sports television network, though, which means its hosts– Jared Carrabis; former Oakland Athletic and ESPN broadcaster Dallas Braden; and, at least for the first week, former San Francisco Giant Brian Wilson– are uncensored and unfiltered, leading to a much more natural conversation. It’s everything PTI is supposed to be but never can be.

The hosts have an easy rapport that flows from the homonymous podcast Carrabis and Braden began hosting a month ago, which featured the not-shy Wilson as its first guest. Carrabis has been writing about the Boston Red Sox and baseball generally at Barstool for years, and the site hired Braden (who once pitched a perfect game, in case you hadn’t heard) after ESPN cut him loose in their big round of layoffs this spring.

The show’s first week demonstrated an impressive ability to synthesize the day’s baseball stories, some of which happened just moments before the show went live, into a well-rounded blend of on-field highlights, fan interactions, and other news and happenings that ranges from the serious to the silly.

The benefits a live show were on display during last night’s episode, in which Carrabis and Braden were able to discuss J.D. Martinez’s four-homer game, which was happening during the show.

Last night’s episode also was the first without Wilson, whose absence was noted at the opening. It will be a small disappointment if he is not a regular part of the show going forward, as appears to be the case, since he provides a good compliment to Braden, who can be a little too bombastic at times.

One thing that does not seem to be a problem for “Starting 9” is audience size. Facebook Live viewership during the first week hovered between eight hundred and 1,200 at a given moment, and the Periscope numbers were bigger: I saw anywhere 50,000 to over 100,000. The episodes remain archived on Facebook and the Barstool site itself as well, convenient for those who aren’t able to watch live.

Although the 2017 regular season is nearly over, I suspect that “Starting 9” will continue in some capacity during the playoffs, and I look forward to having it as a part of my baseball routine in the future.

Why I don’t gamble on sports, ep. 37

I don’t shy away from writing about sports wagering. I think it should be legal, and I expect it will be as soon as the major sports leagues want it to be legal, which I suspect they will sooner rather than later. The leagues already have a taste of that sweet gambling coin, and they’re going to want more of it once their over-leveraged insurers (i.e., the sports-broadcasting networks) go belly-up and no one can or will pay the exorbitant broadcast-rights fees that fund the owners’ and players’ ballooning salaries.

That’s all speculation, of course, but I’m certain of this: I am not good at betting on sporting events. I know this from personal experience, a bit of which I have detailed here and displayed elsewhere. Unlike my favorite comedian, Norm Macdonald, who has lost all his money three times in pursuit of the thrill of sports betting, the alleged excitement of gambling never has captured me emotionally, and my experiences, which serve as mental reminders that staying away is the right move, have exacted minimal financial cost.

Typically, I keep these little reminders– like my embarrassingly low ESPN Streak for the Cash winning percentage– to myself. Sometimes, though, they’re too perfect not to share:

Good luck out there.

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The Invaders: A racetrack, a killing, and the history of organized crime in Hot Springs, Arkansas (via Grantland)
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