Sports Law Roundup – 1/13/2017

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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:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

Sports Law Roundup – 12/30/2016

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.

After a week off for Christmas, we’re back with the top sports-related legal stories from the past week:

  • Soccer CBA: The collective-bargaining agreement between the U.S. Women’s National Team Players’ Association and the U.S. Soccer Federation is set to expire this weekend, and reports, centered around the union’s termination of its executive director on Wednesday, indicate that the two sides are unlikely to reach a new agreement in time. Compensation appears to be a central issue of contention for the players, who already have a pending wage-discrimination complaint with the Equal Employment Opportunity Commission. Absent a new agreement before the deadline, the existing CBA would remain in place (though either side then would have the right to terminate the agreement on sixty-days’ notice).
  • NFL head injuries: The lawsuit filed last month by thirty-eight former NFL players against the league and its teams seeking an amendment to the NFL-NFLPA CBA to provide for workers’ compensation benefits for CTE for living patients and loss-of-consortium compensation for their spouses is over. In an apparent attempt to avoid having the case lumped in with already-pending NFL concussion litigation, which is in the settlement phase, the plaintiffs voluntarily dismissed this suit and intend to re-file individually in various state courts.
  • Soccer witchcraft ban: This isn’t really a legal update, but it has been a slow few weeks in the sports law world, so there’s room for a note on the national governing body of soccer in Rwanda’s new ban on witchcraft during games. The restriction only applies to coaches, and the penalty is a four-match suspension and a fine. It appears that sorcery, however, remains legal in Rwandan soccer.

Sports court is in recess.

Baseball’s faithless electors

My latest post for Banished to the Pen considers the Tampa Bay Rays, the faithless electors of the vote on the 2016 MLB collective bargaining agreement, and it includes this picture:

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The full post is available here.

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

Extra! Extra! Read all about what you’ve already read!

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What’s with all the newsletters? Last week, I wrote about Bill Simmons’ new, post-Grantland website, The Ringer, which launched not with a splashy homepage prepopulated with articles, but with an email newsletter. Over a week later, TheRinger.com still exists as a simple placeholder page with little more than a button for subscribing to that email newsletter and podcast download links. As of this afternoon, Simmons & Co. have released a total of six newsletters.

Two days ago, FanGraphs announced that it too would introduce an email newsletter, and, later that day, the first issue arrived:   Continue reading

The Phillies have given up, finally

Back in February, before the 2015 MLB season started, I wrote that the projected-to-be-terrible Philadelphia Phillies should just give up and put themselves out to pasture. They did not immediately heed my advice. Nearly four months later, the team found itself with a 22-44 record, the worst in all of baseball. Cue the terminal sequence: Continue reading

The moral implications of StatCast

moralitycastIf your neighborhood baseball nerd is nerding out a little more than usual today, it’s probably because Pluto’s in retrograde right now or something, and it definitely doesn’t have anything to do with tonight’s television broadcast debut of StatCast, which will go far beyond showing balls and strikes by tracking things like player movements and batted-ball data. Ben Lindbergh has a good preview of the technology and its chief implications for expanded baseball analysis here.   Continue reading

Lions-Falcons Non-Preview

Detroit football fans living in Atlanta were treated to a fleeting moment of excitement upon the release of the 2014 NFL schedule, which showed the Lions and Falcons meeting in a Week 8 home game for Atlanta. That moment of excitement fleeted as those fans noticed the kickoff time, 9:30 am, and further investigation revealed the location of the game to be London, England, Great Britain, United Kingdom. Remind me again why we fought the Revolution?

After a hot start, the Falcons aren’t looking too good lately. Up in Motown, it’s the Lions who are looking like the UGA Bulldogs, putting together the pieces and winning with their best player on the sidelines. The Lions still should consider the Falcons a dangerous opponent this week– that is, assuming the Falcons even make it to the game:

The truth is, after their team’s disappointing start, Falcons fans probably are less worried about their team showing up in Spain for a game in London than they are about the fact that there apparently are no direct flights from Hartsfield-Jackson to Heathrow.

(HT: Deadspin)

Book Review: Paul Finebaum’s Conference has Beaten Your Conference (Probably)

IMG-20140814-00138For someone who spends twenty hours a week on national airwaves as the host of an eponymous radio show, now simulcast on cable television, and makes regular television appearances on a major network, Paul Finebaum sure does manage to keep himself hidden.

I am not a longtime listener of Finebaum’s show by any means. I first remember hearing about him when I moved back to SEC country during the 2012 football season and he was still broadcasting on Birmingham’s WJOX. Due largely to my own preconceived misconceptions, I was surprised when I first heard the show following its move to ESPN Radio in 2013 to find that it was an extremely caller-driven show, to the point where Finebaum rarely asserted his own voice for purposes other than briefly sparring with or otherwise egging on his admittedly bombastic callers. At that time, the majority of those callers remained Alabama-based, and the Alabama-Auburn football rivalry served as nearly every item on the host’s go-to menu.

While a lot of this struck me as fairly standard cheap talk radio tactics, I remained intrigued by this person, who had risen to such prominence and reported influence, despite, I thought, hardly taking active steps to exert much in the way of influence. I therefore read the then-recent and still-surprising long feature on Finebaum in The New Yorker with great interest and anticipation. I found the piece to be more an introduction for Manhattanites to the other SEC and its attendant culture than a deep dive on Finebaum himself. Finebaum as access point, rather than Finebaum as subject. (A long Deadspin feature from the same year had a similar effect.) It’s a worthwhile read if you like college football. Still, I did not feel like I knew or understood this man, though, or why he was so widely regarded.

Fast forward (the lazy blogger wrote) to August 14, 2014. The SEC Network, an ESPN entity, launches (on Tim Tebow’s birthday, naturally), and Finebaum’s book, My Conference Can Beat Your Conference: Why the SEC Still Rules College Football, arrived in my mailbox.

Continue reading

Ray Rice’s suspension in context

In news today that was mostly (but not totally) condemned as tone-deaf and inappropriate, the NFL suspended Baltimore Ravens running back Ray Rice for two games, but no preseason games, practices, or training camp activities, and docked his pay for a third game, for beating his then-fiancee, Janay, until she was unconscious and dragging her out of an elevator at an Atlantic City casino this February. That the NFL has a serious domestic abuse problem became frighteningly clear at Rice’s post-beating press conference (which I unfortunately had to highlight here). Today’s mild sanction did nothing to change that nauseating narrative.

Deadspin put together a list of “other notable NFL suspensions,” which offers some context for Rice’s two-game sanction. If you want to read the list, with all of the details and circumstances, it’s available here. I’ve attempted to distill the list to the basics below.    Continue reading