Sports Law Roundup – 5/19/2017

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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:

  • Basketball mugging: Moses Malone Jr., son of NBA great Moses Malone, sued James Harden, claiming that Harden paid a group of people $20,000 to mug Malone Jr. at a Houston strip club last summer after critical comments by Malone Jr. about Harden’s youth basketball camp angered Harden. Malone Jr. posted a Facebook.com comment about the $250-per-attendee cost of Harden’s camp and then was beaten and robbed at the strip club. One of the men charged in the attack reportedly told Malone Jr. during the attack that Malone Jr. “disrespected James Harden and that he needs to be punished after that.” At this time, police have not established a connection between Harden and the attack.
  • Golf drugs: Vijay Singh won a victory in his lawsuit against the PGA this week when a court ruled that his claim that the tour breached an implied duty of good faith it owed to Singh could proceed. Singh’s case arises out of a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids performance. The PGA suspended Singh based on his admission before checking with the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited. Singh’s contention is that the PGA should have confirmed this fact with WADA before it suspended him.
  • Football painkillers: The judge overseeing the proposed class action brought by former NFL players against the league’s thirty-two teams improper dispensation of painkillers dealt the plaintiffs another serious blow this week by dismissing almost all of the claims remaining in the case, and he does not seem to be impressed by the plaintiffs’ efforts: “perhaps the bloat of inapposite allegations is the product of some advocacy-based agenda rather than any attempt to comply with pleading requirements. For present purposes, however, this order makes clear at the outset that what matters is not whether plaintiffs have drawn attention to widespread misconduct in the NFL but whether each plaintiff has properly pled claims for relief against each individual club and, if so, whether those claims survive summary judgment.” At this time, the only claims that remain in the case are those brought by two individual players against three teams, the Green Bay Packers, Denver Broncos, and San Diego Chargers.
  • Baylor sexual assaults: Amazingly, Baylor’s legal troubles continue to mount. After a former student sued the university earlier this year, alleging she was the victim of a group rape committed by two football players in 2013 that the school ignored; 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”; and that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes, another former student has sued the school based on similar allegations. The new case, filed by a former volleyball player for the university, is the seventh Title IX lawsuit brought against the school, and it alleges that up to eight Baylor football players drugged and raped the plaintiff in 2012. The complaint explains that the attack was photographed and videotaped and happened in connection with a football hazing program.
  • NBA ticket devaluation: A San Antonio Spurs fan has sued the Golden State Warriors and one of that team’s players, Zaza Pachulia, claiming that Pachulia’s contribution to the injury of Spurs star Kawhi Leonard “devastated the quality of the Spurs’ chances of being competitive,” thereby diminishing the value of the plaintiff’s tickets to future Spurs playoff games. Video of the play in question is available here. It shows Pachulia moving in front of Leonard, who is in the air releasing a shot, and Leonard subsequently landing on Pachulia’s foot, resulting in an exacerbation of Leonard’s ankle injury that caused him to miss the remainder of the first game and all of the second game of the NBA’s Western Conference finals. Leonard did not participate in practice yesterday, and his status for tomorrow’s game remains undetermined.
  • MLB streaming: Facebook and MLB have reached a live game streaming agreement that grants streaming rights to the social media platform for certain Friday night games. Streams will be free to users in the United States, and it appears that blackout restrictions will not be enforced, meaning fans located in the participating teams’ geographical regions should be able to watch as well. The initial deal includes twenty games, beginning with tonight’s Rockies-Reds matchup. More games may be added later. It is not clear whether this announcement has anything to do with the new lawsuit filed earlier this month by fans seeking to enforce a previous settlement agreement that required MLB to provide more live streams of in-market games by 2017, but it sure seems like it does.
  • Football jokes: An individual who posts jokes on the internet has sued Conan O’Brien, alleging that O’Brien stole a joke from him about Tom Brady winning the Super Bowl MVP award two years ago. Super Bowl MVPs apparently receive pickup trucks as prizes, and Brady, having won multiple such awards and having no use for a truck, has been giving them to a teammate he feels deserves it. Following New England’s last-second victory over Seattle in Super Bowl XLIX, Brady gave the truck to Malcolm Butler, who secured the game-winning interception. The essence of the joke was that Brady should’ve given the truck to Seahawks coach Pete Carroll, who, many thought, made a very bad play call on that play. I’m not sure what the statute of limitation is on joke-theft claims, but any joke that takes this long to explain probably isn’t worth stealing.  (It also seems kind of obvious, at least in retrospect.) A judge has ruled that the case will go before a jury, which will decide whether O’Brien infringed the individual’s copyright on that joke and two others.

Sports court is in recess.

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Comprehensive Super Bowl XLVIII Preview

As you can see from the above graphic, this year’s Super Bowl, already dubbed the Snow & States’ Marketing Rights Bowl, pits New York against New Jersey in a battle for subpar beach superiority. You do not have subpar taste, however, because you’re reading ALDLAND’s Super Bowl preview, the only one you’ll need to prepare yourself for the game on Sunday. What follows is a compilation of the most interesting, entertaining, and essential Super Bowl XLVIII content, concluding with the least interesting, entertaining, and essential Super Bowl XLVIII content, my game prediction:

  • First and most important: the game begins at 6:30 Eastern on Fox.

ALDLAND Podcast

It’s an (almost) all-bowl edition of the ALDLAND Podcast. After touching on some Grammy related issues and brainstorming ideas on how to improve the Pro Bowl, we launch into a discussion of the two big bowls next weekend: the Puppy and Super Bowls. Also included is discussion of Super Bowl food choices.

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

ALDLAND Podcast

ALDLAND is back on the podcast track after a month-long break. Holidays kept us down, but they could not keep us away forever, and so we are back to talk NFL playoffs and NFL coaching changes. Expect podcasts to be more weekly from now on.

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

Tuesday Afternoon Inside Linebacker

tail3ALDLAND’s weekly football review returns after an infamous fall wedding weekend. Bear with us as we attempt to piece together the happenings of the last few days.

College Football

Pregame:

  • After the Game of the Century of the Season of the Week last week in College Station, everybody predicted a scheduling letdown this week. Sports predictions have become (always were?) completely useless and devoid of meaning, but once in a while, the wisdom of the crowd gets it right. Throwing out expired food? No, actually. A soft slate of week-four matchups? For the most part, yes.

The games — That 70s Show:

  • Clemson opened the week of play by getting punchy on Thursday night in a closer-than-it-should-have-been win over North Carolina State. So far as I can tell, the Tigers have played only fellow Carolinians to this point in the season. A check of their schedule confirms this, and the trend will continue this weekend. (EDIT: Except for that little game against UGA in week one.) Clemson 26, North Carolina State 14.
  • A number of teams posted gaudy scores and spreads. Since they already had their fun, they’re all getting grouped in this one paragraph. Ohio State 76, FAMU 0. Louisville 72, FIU 0. Miami 77, Savannah State 7. Washington 56, Idaho State 0. Baylor 70, Louisiana-Monroe 7 (that one’s actually a little surprising). Florida State 54, Bethune-Cook 6. Wisconsin 41, Purdue 10. UCLA 59, New Mexico State 13. Texas A&M 42, SMU 13. And others.

Tuesday Afternoon Inside Linebacker

tailSince “Monday Morning Quarterback” and “Tuesday Morning Quarterback” are taken and uninspired, and because I’m preempting my own exhaustion of “Monday“-themed alliterations, ALDLAND’s regular football/weekend roundup will move to Tuesday afternoons, which also permits incorporation of the Monday night NFL game. With week two of college football and week one of the NFL in the books, here goes:

College Football

Pregame:

  • Brendan and Physguy were in Ann Arbor for ESPN College Gameday, and the only evidence is a couple cryptic tweets from Brendan.

The games — No surprises:

  • I was able to find Michigan State’s game against South Florida on television in the Southeast, which may be thanks to USF’s participation in the game, but which also felt like finding a unicorn in the wild. MSU’s defense continues to outscore their offense, and that’s with three quarterbacks! Even Sparta only ever had two kings at once. Michigan State 21, South Florida 6.
  • I also found Vanderbilt-Austin Peay on TV, which is a reminder that it’s week two for the broadcasters as well. VU had no problem with its Middle Tennessee neighbors, winning 38-3.

NFL Quick Hits 2013: The Fans

The NFL season begins tonight, when the defending Super Bowl champion Baltimore Ravens travel to Denver to play the Broncos.

In 2013, NFL fans have so many ways to follow the game, it can be easy to lose track of the notion that this is all supposed to be leisure-time entertainment. The following are suggestions on how to cut through the volumes of NFL-fan-experience accessories and have fun this season:   Continue reading

Slaughterhouse Monday

While I was in Chicago, I got into a discussion with a reader about whether high school was too early to read Vonnegut. While the results of that conversation were inconclusive, this post is unequivocally too late. So it goes.

Week three of college football and week two of the NFL definitely stand as prime territory for some on-field slaughters, and this past weekend did not disappoint in that regard. First, Vandy took the Presbyterian Blue Hose to the woodshed in Nashville, where the Commodores claimed their first win of the season by a 58-0 mark behind new starter Austyn Carta-Samuels. It was the Vanderbilt running game, nonexistent last week against Northwestern, that shone this Saturday, when Zac Stacy took the first Vanderbilt play from scrimmage 86 yards to the house and never slowed down.

There was no shortage of lopsided scores around the country Saturday, including Clemson’s 41-7 takedown of in-state team Furman, the expected Arkansas defeat at the hands of Alabama, 52-0, and other top five blowouts, including LSU’s (63-14 over Idaho), Oregon’s (same score, over Tennessee Tech), and Florida State’s (52-0 over Wake Forest). Not all of said slaughters were so favorable for teams this space likes to track, particularly including Notre Dame’s 20-3 takedown of Michigan State in East Lansing, for which there is no excuse. I’m glad I couldn’t watch it.

The NFL wasn’t especially compelling this weekend, even though a number of games on Sunday afternoon came down to the wire, technically speaking. The main NFL topic this week is likely to be the Monday night game, which has already seen its share of storylines, including multiple Peyton Manning interceptions early and an apparent lack of control by the scab referees.

To round out the slaughter theme, of course, we go to the Motor City, where the Tigers continue to lose, first on a blown save by Jose Valverde against the mighty Cleveland Indians, and then in a make-up game this afternoon against the inexplicably division-leading White Sox.

Wild horses at a meat-packing plant Monday

The NFL conference championship round is set, after Tom Brady’s Patriots and Eli Manning’s Giants brought harsh and decisive ends to special seasons for the Denver Tebows and Green Bay Packers, respectively. In its first home playoff game of the Harbaugh era, the Ravens won a close victory over the Texans thanks, as usual, to their defense, but it was the other Harbaugh whose team played the game of the weekend at Candlestick Park in San Francisco, defeating the Saints in a game that saw twenty-eight points scored in the final four minutes alone, when each touchdown also was a lead-change. While fan favorites and media darlings Green Bay and Denver are out, along with popular championship pick New Orleans, the final four teams offer a lot of excitement. The NFC championship features two teams (SF and NYG) that are peaking right now, and the AFC features a traditional, compelling offense vs. defense matchup (NE and BAL).

The college basketball national picture remains mixed, with Northwestern taking Michigan to overtime and then ending Michigan State’s fifteen-game win streak. Duke, Kentucky, and Georgetown all have shown weaknesses, while Syracuse has maintained a perfect record atop the Big East (ditto for Baylor in the Big XII). Vanderbilt, a top team in preseason rankings, appears to have found its way after falling out of the top 25, although a backloaded schedule means its toughest tests are yet to come.