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.

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:

drays

The full post is available here.

Game 162: Talking baseball at the end of the 2016 regular season

Every MLB team is in action beginning at 3:00 this afternoon for the final* day of the 2016 regular season. Before heading down to Turner Field to catch the Tigers and say farewell to baseball in downtown Atlanta, I was a guest on today’s episode of the Banished to the Pen Podcast, in which I rambled about wild card scenarios and made severely underinformed playoff predictions.

Stream or download the podcast here.

* Final as to all except Detroit and Cleveland, which likely will need to play a makeup game tomorrow.

When do baseball teams score runs?

baseballline

One of the marks of a smart baseball writer is the ability to sense a trend, research its existence and nature, place her findings in context, and present her conclusions in a way that meaningfully educates readers. Inherent in this ability is the wherewithal to know when to stop researching a trend or pressing on a concept, realizing that the fruits of the work have been or soon will be exhausted. Sometimes a person who is not a “smart baseball writer” by the foregoing definition will noodle about on an idea for so long, he’ll end up with a small pile of research that no longer has any bearing on any meaningful conclusions.

Two years ago, I decided to investigate a hunch that the Detroit Tigers were having trouble scoring runs late in games. My initial research mostly seemed to support my hypothesis, and a follow-up look appeared to confirm it more strongly. More than merely interesting (and fleetingly self-satisfying), it also was informatively concerning, because it placed the team’s well-known bullpen problems in a more nuanced light: relief-pitching woes alone weren’t the problem, because the lack of late-game scoring was compounding the problem of surrendering leads during the final frames. As strange as it seemed, the Tigers had interrelated shortcomings on both sides of the plate.

One comment I received in the course of sharing those findings stuck with me: I needed to place this information in context. After all, there are plausible reasons to believe that all teams might, perhaps to varying extents, experience decreased run production in the late innings.

And so it was that, two years later, I finally discovered Retrosheet, a site that compiles inning-by-inning scoring data to a more useful degree than the resources I’d utilized back in 2013. What follows are two graphs of the inning-by-inning scoring of sixteen teams for the 2014 season. Continue reading

ALDLAND Podcast

There hasn’t been much going on in sports lately but that does not mean that ALDLAND doesn’t have things to talk about. We talk peeing on graves, we talk invading countries to take their sports stars, as well as more normal sports topics like soccer and baseball. It’s all here in the ALDLAND podcast.

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

ALDLAND Podcast

Soccer is on the mind of your favorite cohosts as the Champions League Final and World Cup get closer. Jurgen Klinsman’s omission of Landon Donovan from the US World Cup roster is a hot button issue, and ALDLAND can’t miss the chance to weigh in on it. So come for the soccer, and stay for the discussion of Miguel Olivo biting off part of Dodgers’ prospect Alex Guerrero’s ear.

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

Kershaw in Context

ESPN Los Angeles:

The Los Angeles Dodgers and Clayton Kershaw have agreed on a seven-year, $215 million deal, sources with knowledge of the situation said.

Kershaw has an out clause after five years.

It is the richest deal for a pitcher in Major League Baseball history, eclipsing the seven-year, $180 million contract Detroit gave Justin Verlander last winter, and his average annual salary of $30.7 million is the highest ever for any baseball player.

The 25-year-old Kershaw has won two of the last three National League Cy Young Awards, as well as a Roberto Clemente award for his charitable work.

One of the things I’ve noticed is most eye-opening to casual sports fans is the size of athletes’ contracts, especially when presented in a more understandable context than “$D over Y years.” In continuing service to this site’s prime audience, the casual sports fan, here are two graphics that place Kershaw’s record-setting contract in context:

Now imagine being the person writing the checks for Kershaw and his teammates.

ALDLAND Podcast

No World Series preview . . . yet, but Marcus and I are happy to share our thoughts on the ALCS and NLCS so far. We also touch on Ndamukong Suh’s latest fine, as well as all of the college football picks you could ever want.

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

ALDLAND Podcast

Baseball is back for a second straight week as Marcus and I react to the division series in both the American and National Leagues. Elsewhere, Jadaveon Clowney fails to escape the wrath of ALDLAND as we discuss his numerous “injuries”. Finally, picks and predictions for this week in college football.

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