Sports Law Roundup – 10/20/2017

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:

  • Penn State child abuse: A court has denied the request of Jerry Sandusky, the former Penn State University assistant football coach who sexually abused children, for a new trial. Sandusky contends his conviction on those charges was wrongful due to the claimed inadequacy of his legal representation at trial and the prosecutor’s failure to disclose potentially exculpatory information.
  • NFL hiring collusion: Free-agent quarterback Colin Kaepernick has filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. Kaepernick identifies President Donald Trump as a significant actor whose public statements condemning protesting players motivated the owners’ decision. Kaepernick faces an uphill legal climb, though, because circumstantial evidence– the observable fact that no team has hired him despite his track record and apparent needs at his position– is insufficient to prove collusion. Under the collective bargaining agreement, “no club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit” a team from negotiating or contracting with a free-agent player. To make his case, Kaepernick will need to demonstrate that the owners, together and not independently, made an affirmative decision not to employ him, or that the NFL itself directed or encouraged teams to take that position. Depending upon how this matter evolves, however, the stakes for the league and union could be high, as, under certain circumstances, proof of collusion could terminate the CBA.
  • Wrigleyville: The U.S. Court of Appeals for the Seventh Circuit has denied a request for rehearing filed by owners of Wrigley Field-area owners of rooftop restaurants and bars who claimed the Chicago Cubs violated an agreement to prevent the obstruction of field views from the neighboring rooftop establishments when the team included a new, large, outfield video board in its updates to Wrigley Field. The court offered no explanation for its decision to reject the petition for a rehearing of its prior judgment that the agreement itself and MLB’s antitrust exemption barred the neighbors’ claims.
  • North Carolina academics: After spending more than six years investigating the University of North Carolina for academic fraud, the NCAA issued a final ruling subjecting the school to minimal sanctions that do not affect any of UNC’s athletic programs, a decision that, according to Mark Titus, “should come as no surprise.”

Sports court is in recess.

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The treasonous NCAA is an enemy of the state and must be treated as such

KHOU:

University of Houston basketball coach Kelvin Sampson scored through Twitter.

The coach asked peers to send new shoes and shirts for Houston Harvey victims, and thousands donated. However, NCAA rules stand in the way.

Non-profits loaded boxes of brand new sneakers in U-Haul trucks outside the university athletics and alumni center.

Still, Sampson showed KHOU 11 News rooms barely touched. Nearly 15,000 donations from Providence High, Iowa State University and beyond.

Sampson’s week-old viral tweet asked fellow coaches: college, pro, high school to send 20 school t-shirts and 10 pairs of shoes for storm victims.

Some just sent letters and everything they had.

“Some (letters) made you cry too,” Sampson said. “We have a letter from a high school that said we only had four pairs of shoes we could send you. Come on now, you think about that.”

NCAA rules, though, stand between donations and kids in need.

“They don’t want us sending all this nice gear to the top recruit in Houston,” said Lauren Dubois, senior associate athletics director for UH. “But, obviously that is not our intention at all.”

Dubois said the program risks punishment if they give anything to potential recruits, their parents or youth leagues.

So, the university first offered everything to the Red Cross, Star of Hope and Hurricane Harvey relief. All had different needs.

The school is now asking legitimate charities to step in, take donations and give them away as those organizations see fit.

It is a challenge Sampson accepts even if he wishes rules made things easier.

“When you do something out of the goodness of your heart, when you have so many people around you helping, it’s not hard,” he said.

UH asked the NCAA for what’s called a legislative relief waiver, which would relax the rules so Sampson can give donations away faster. The NCAA has yet to make a decision.

U.S. Constitution, Article III, § 3:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.

18 U.S.C. § 2381:

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

The National Collegiate Athletic Association is one of this nation’s most corrupt bodies. It has a track record of crossing legal lines and violating the rights of American citizens. In denying relief to the victims of hurricane Harvey, however, the NCAA has gone too far. Any effort to encumber the efforts of the University of Houston and its agents to help members of their community, who continue to suffer as a result of the violent and offensive acts of that hurricane, which remains a clear and present danger to this nation, constitutes adhering to an enemy of this country and giving it aid and comfort.

It is time for the NCAA to be permanently dismantled and for its leaders to face punishment as provided by law and the courts of this country.

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Previously
The NCAA still wants you to believe its rules carry the force of law
The Atlantic reveals the history of the NCAA and the true genesis of the “student athlete”
The NCAA Who Stole Christmas
Why is Roger Goodell carrying water for the NCAA?

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.

Sports Law Roundup – 2/10/2017

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:

  • 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.

Sports Law Roundup – 11/18/2016

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 stadium netting: On Wednesday, the trial court dismissed a lawsuit seeking increased fan-safety measures in baseball stadiums, including expanded safety netting behind dugouts and along the foul lines, based on a lack of standing. I previously wrote about this case over at TechGraphs (see here, here, and here), generally discussing the ways in which it– despite the legal weaknesses in the plaintiffs’ position– already was effecting change. Although those legal weaknesses proved to be the downfall of this suit, the court’s ruling was not without its admonitions to Major League Baseball. For example, an early footnote contains this observation: “Why Major League Baseball, knowing of the risk [foul balls pose] to children in particular, does little to highlight this risk to parents remains a mystery.” The order also expressly suggests the possibility that future litigation along these lines may be more availing in other states, where the “Baseball Rule,” which makes it very difficult for fans to recover against baseball teams and leagues, has fallen under attack: “Thus, it is conceivable that, under the right set of circumstances, a plaintiff could obtain the type of relief that plaintiffs seek here. Given the changing nature of both the baseball game experience and the injuries at issue, which are far different from those in 1914, what is a ‘reasonable expectation’ on an ‘ordinary occasion’ is not a static concept.
  • Football painkillers: Attorneys for retired NFL players in a lawsuit against the league alleging that team doctors dispensed painkillers “‘as if they were candy’ regardless of long-term effects” are seeking permission to depose team owners Jerry Jones and Jim Irsay. Outside of football, Irsay, who inherited ownership of the Indianapolis Colts from his father, is known for collecting famous guitars– including Jerry Garcia’s Tiger, Les Paul’s Black Beauty, and Prince’s Yellow Cloud— and having a history of abusing painkillers. The plaintiffs also have amended their complaint to add a RICO claim, which, among other things, introduces the potential for tripling their financial recovery in the lawsuit.
  • NCAA transfer rules: Johnnie Vassar, a former Northwestern basketball player, filed a putative class-action lawsuit against the NCAA, alleging that the rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. Vassar claims that he attempted to transfer from Northwestern but was unable to do so, because all of his target schools only would accept him if he could play immediately. In recent years, Northwestern has emerged as a cradle of anti-NCAA legal activity.
  • Triathlon death: A wrongful death claim brought in connection with the drowning death of a competitor in the 2010 Philadelphia Triathlon cannot proceed, a Pennsylvania appellate court ruled, concluding that the triathlete knowingly and voluntarily assumed the risk of participating in the event when, in the course of registering for it, he executed a detailed liability waiver.
  • Cuban baseball-player smuggling: In a federal criminal case against a sports agent accused of conspiracy to smuggle Cuban baseball players into the United States, the government has listed numerous professional players, including Yoenis Cespedes and Jose Abreu, as trial witnesses. For more on this general subject, ESPN The Magazine’s feature on Yasiel Puig is a must-read.
  • Boxing fraud: The defendants– Floyd Mayweather, Manny Pacquiao, HBO, Top Rank, and others– in twenty-six lawsuits alleging that they improperly concealed Pacquiao’s shoulder injury leading up to the fighters’ 2015 bout in order to boost pay-per-view sales admitted that the plaintiffs– fans and bars– had standing to pursue their claims, even as the defendants denied that those claims had any merit.
  • Gambling: West Virginia, Arizona, Louisiana, Mississippi and Wisconsin are asking the United States Supreme Court to review a Third Circuit decision rejecting New Jersey’s attempt to open up sports gambling in its state. The five states, together, filed an amicus brief in support of New Jersey’s cert petition (formal request that the Supreme Court allow them to appeal the Third Circuit’s ruling), arguing that the manner in which Congress has regulated sports gambling is unconstitutional and threatens the balance of power between the federal and state governments. In an unrelated story, daily fantasy leaders FanDuel and DraftKings announced a merger agreement this morning.
  • Secondary football ticket market: Under pressure from state regulators, the NFL agreed to end its league-wide imposition of a price floor on game tickets sold on the secondary market that had prevented the resale of tickets at prices below face value. The agreement does not apply to tickets for the Super Bowl and Pro Bowl, nor does it prevent teams from acting “unilaterally” to enforce price floors, meaning that the practice could continue.
  • Campus police records: The Indiana Supreme Court affirmed a trial court’s dismissal  of ESPN’s lawsuit seeking the University of Notre Dame Police Department’s incident reports involving student athletes, deciding that the ND Police Department is not a “public agency” and thus cannot be compelled to produce the requested materials under the state’s open records law.

Sports court is in recess.

John Calipari, hero anti-NCAA crusader?

NCAA Men's Championship Game - Kansas v Kentucky

Those who oppose the NCAA as an old-fashioned, draconian regulatory body designed for the sole purpose of maintaining profit-driven financial control over a highly valuable workforce are praising yesterday’s comments by University of Kentucky men’s basketball coach John Calipari, who addressed a basketball-related change in NCAA rules that will allow college players to declare for the NBA draft and, if invited, attend the NBA combine before they have to decide whether to withdraw from the draft in order to maintain their collegiate eligibility as follows:

Met with our team today. Told them that during the season it’s about the team and sacrificing for each other – which they did this year. When the season’s over, it’s about each individual player and what’s right for them and their families.

With that being said, every player who is eligible for the draft, including our walk-ons, will submit their names for the NBA Draft in hopes of being invited to the combine in May. The new rule states they can submit their name a total of three times. If they choose to withdraw, they have until 10 days after the combine. It’s a true win-win for the student-athlete.

Just so you know, having every kid put their name in the draft is about all players getting the right information. Players not invited to the combine know what that means. Players invited to the combine and told to go back to school know that that means. As I said, it’s a win-win for the student athletes. I like the rule.

(Emphasis added.)

On one hand, Calipari is right to encourage his players to gain as much information as they can about their professional prospects, especially where there is no penalty to the player for seeking that information. The new regime– allowing players to wait until after the combine to decide whether to withdraw from the draft– provides players considering continuing their basketball careers on a professional level a valuable option.

Calipari isn’t merely praising this change as a beneficial option for “student-athletes,” however. Continue reading

Madness: The NCAA Tournament’s structural flaw

The organizing principle of a competition arranged in the fashion of the NCAA men’s basketball tournament is that better teams should have easier paths for advancement, the goal being for the best teams to meet as late as possible. Tournament organizers therefore employ a seeding system that awards teams believed to be the strongest with the best seeds (i.e., the lowest numbers) and first pits them against teams believed to be the weakest.This is sensible, logical, and good. Anything can happen once the games begin, of course, but if Michigan State and Kansas, for example, are the best teams in this year’s tournament, the tournament should be designed such that those two teams are most likely to face off in the final, championship round. Generally speaking, this is how the NCAA tournament is organized.

From 1985 until 2000, the tournament’s field held steady at sixty-four total teams. In 2001, it expanded to sixty-five teams, adding a single play-in game to determine which team would be the sixteenth seed to face the number one overall seed. In 2011, the tournament field expanded to sixty-eight teams, its current size, with four play-in games.

Many people dislike the fact that the tournament has expanded beyond a seemingly optimal sixty-four-team field, but all should agree that, however many teams and play-in games are included, the tournament should be organized such that the projected difficulty of each team’s path through the tournament is inversely proportional to its seed position. As currently constructed, however, the tournament deviates from this basic principle.

All play-in games are not created equal. Two of the four fill sixteenth-seeded positions, while the other two fill eleventh-seeded positions, and the latter grouping is the culprit here. The NCAA and its broadcast partners no longer refer to the play-in games as the “first round,” thankfully, but, however labeled, these games constitute a significant structural hurdle for their participants. It’s difficult enough to win five consecutive games against the nation’s top competition; adding a sixth game places the play-in teams at a major disadvantage.

If a tournament organized in this fashion is to proceed with sixty-eight participants, play-in games are a necessity. The heavy burden of participating in an extra round of competition should be apportioned in accordance with the tournament’s organizing principle, however. In this instance, that should mean applying it to the lowest-seeded (i.e., highest number) teams. Using two of the play-in games to determine eleventh-seeded positions inappropriately and adversely distorts the degree of difficulty for those two positions.

2016bracket

This year, the unduly burdened teams are Vanderbilt, Wichita State, Michigan, and Tulsa, which are competing in play-in games for eleventh-seeded spots in the tournament’s first full round. Each of these teams would be better off as a twelfth, thirteenth, or even fourteenth seed (to say nothing of an eleventh seed in the West or Midwest regions, where eleven seeds are not similarly encumbered) than they are as participants in eleventh-seed play-in games.

If the tournament committee really believes each of those four teams belongs in the tournament and is deserving of an eleven seed, or thereabouts, it should pick one from each pairing– Vandy/WSU and Michigan/Tulsa– to be the eleventh seed, make the other the twelfth, bump the remaining lower seeds in the region down by one, and have the existing fifteenth seed play the existing sixteenth seed in a play-in game instead. (This wouldn’t be a clean fix in the East region, which already has a Florida Gulf Coast/Fairleigh Dickinson play-in game for the sixteenth seed, but the Midwest region has no play-in games, so one of Michigan/Tulsa could be moved to the eleventh or twelfth seed there, bumping Hampton and MTSU into a play-in game for the sixteenth-seed position in that region.)

Two of the eleventh-seed play-in participants, Vanderbilt and Michigan, likely were two of the last teams to earn at-large bids to this year’s tournament. Even if that’s true, though, it shouldn’t matter. The in/out decision is binary: a team is either in the tournament or it isn’t. Once the field is determined, the committee then should seed the teams based on their basketball merit. If the committee thinks so little of Vanderbilt, Wichita State, Michigan, and Tulsa that it wants to put them through the paces of a play-in game, it should have seeded them lower than eleventh.

The current arrangement of the NCAA tournament play-in games constitutes a structural flaw not because those preliminary games exist, but because of the seed positions they involve. If the NCAA insists on using the play-in-game arrangement to include sixty-eight teams in the tournament, it should use those play-in games in a manner that aligns with the tournament’s overall organizing principle of strength-based seeding. In practice, no tournament of this sort will be perfectly balanced in its initial arrangement, but the current structure clearly is contrary to that fundamental organizational principle and unnecessarily distorts the balance of the entire tournament.

Bill Simmons launches new site with help from Tom Izzo

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Bill Simmons is back. The Sports Guy’s post-Grantland project, The Ringer, launched today. Although the site has had a social media presence for a few weeks (and Simmons’ now-eponymous podcast returned before that), action really got underway this morning, when Simmons publicly announced a number of the new website’s hires, and continued this afternoon, when he released the site’s first email newsletter.

The newsletter is The Ringer’s first substantive textual offering. It begins with a Simmons monologue on the name-selecting process for the new project, followed by a timely NCAA tournament article that leads with a nice picture of Tom Izzo and Denzel Valentine. (Bold prediction contained therein: “Sparty is going to be a tough out.”)

After that comes a Game of Thrones season preview, because this is the internet, after all, and the newsletter closes with a list of the three best-dressed people on Billions, which I just used Google to learn is another television show.

If The Ringer is reminding you of Grantland, that could be because of the substantial overlap in the two sites’ subject areas– basketball and premium-network television– and staff– including Katie Baker, Jason Concepcion (@netw3rk), and Brian Curtis. Tracking the similarities between The Ringer and Grantland will be both easy and less interesting than noting the differences, which are what could show us what, if anything, Simmons learned from his last venture.

ringer

We’ll check back in once things have been up and running for a little while. In the meantime, here’s hoping BS can bring the following Grantland alums back into the fold: Brian Phillips, Rembert Browne, Mark Titus, Louisa Thomas, Charles Pierce, Chuck Klosterman, and Norm Macdonald.

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Related
Writing about writing about writing: Grantland

If he could do it again, Chris Webber would have gone to Michigan State?

The strong implication of Chris Webber’s comments on this morning’s Dan Patrick Show is that, if he could begin his basketball career again, he would have accepted Tom Izzo’s offer to become a Michigan State Spartan:

Continue reading