Sports Law Roundup – 3/31/2017

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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:

  • Penn State child abuse: The criminal trial of former Penn State University President Graham Spanier, who was charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program, concluded with a jury verdict convicting Spanier of a single misdemeanor count of child endangerment. The jury, which deliberated for two days, declined to convict on the conspiracy charge. Spanier’s attorney immediately indicated an intent to appeal the verdict. Albert Lord, a PSU trustee, responded to the news of Spanier’s conviction by writing that he is “running out of sympathy” for Sandusky’s “so-called” victims.
  • Baseball fan injuries: The Cleveland Indians prevailed in a lawsuit filed by a fan struck in the face by a foul ball. The Ohio court adhered to the “Baseball Rule,” which holds that people who choose to attend baseball games assume the risk that they will be struck by flying bats and balls and therefore cannot sue teams when they are injured in such an incident. The plaintiff argued that his case presented distinguishing factual circumstances: he alleged that stadium ushers ordered him to leave his seat during play in the bottom of the ninth inning in advance of a fireworks show, such that his back was to the field when the batter hit the ball that eventually hit him in the face when he turned back to look at the field. Conflicting evidence on the timing and nature of the ushers’ instructions seems to have damaged the fan’s case, however.
  • Hockey labor agreement: The U.S. women’s national hockey team and governing body USA Hockey agreed to a confidential four-year labor deal centering around player compensation and support programming. The agreement negates the need for a planned player boycott of the International Ice Hockey Federation World Championship, which begins today. A predominantly female team of attorneys from Ballard Spahr represented the players on a pro bono basis. In disappointing related news coming just one day after the new agreement, however, the University of North Dakota announced that it is cancelling its women’s hockey program, which has been an important feeder to the national team.
  • Hockey head injuries: Pretrial disputes over document discovery continue in the head-injury lawsuit between the NHL and a group of former players. Previously, those disputes focused on research documents from Boston University’s CTE Center. Now, however, the court has dealt a victory to the players by publicly releasing certain internal NHL communications and other documents. An early review of the now-public documents already has revealed one seemingly damning email from a team doctor lamenting “situational ethics” in the context of concussion management: “We all sit around and talk and talk about concussion management. Then it’s the playoffs, someone suffers an obvious loss of consciousness and is back playing in less than 48 hours. . . . We must be [the player’s] advocate regardless of what the coach or general manager thinks.” Another email, from NHL Commissioner Gary Bettman, expressed disappointment with a former referee’s public criticism of the league’s hard-hit discipline policy, writing, upon being informed that the former official still was receiving severance pay from the NHL, writing that “maybe he should understand it’s not nice to bite the hand that feeds you. Please have someone check to see if there are any grounds to withhold. Don’t want to hurt him – maybe just get his attention.” Other communications evidence what appears to be the NHL’s willful refusal to acknowledge or examine the issue of concussions in sports.
  • Baseball DUI: Earlier this month, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms. Initially, observers believed Kang would be able to return to the United States to rejoin his team for the 2017 season. He has missed all of spring training, however, and it appears he is having difficulty securing a visa to reenter the U.S., placing his season with the Pirates in jeopardy for the moment.
  • Student athletes: A federal judge has rejected a proposed class-action lawsuit filed by two former University of North Carolina student athletes against the school, which alleged that UNC pushed them into a “shadow curriculum” of “bogus courses,” which led to “a systemic failure to properly educate college athletes,” because, the judge explained, the court did not have jurisdiction over the case. In general, there are two ways a plaintiff may invoke the jurisdiction of a federal court: 1) allege a claim raising a question of federal law or 2) sue a “diverse” party (i.e., a defendant who is a resident of a state other than the one in which the plaintiff resides) on claims for which at least $75,000 is at stake. Here, the plaintiffs’ claims raised state-law questions, so the first jurisdictional path was unavailable. As for the second, while the plaintiffs are not citizens of North Carolina, theoretically setting up a “diversity” situation with UNC, the judge determined that the university is a component of the North Carolina government and thus not a citizen of any state for purposes of the federal jurisdictional analysis. The judge dismissed the case without prejudice, meaning that the plaintiffs should be able to refile in state court, although it now appears they likely will face sovereign-immunity challenges should they proceed down that route.

Sports court is in recess.

The Good Old Hockey Game (via Grantland)

What I miss most about hockey are the different ways things look, and the different ways things sound. There is nothing in sports like walking out into an arena in which everything is dark except for the gleaming sheet of ice below. Nothing sounds quite like the hiss of the blades, and the different sounds of the different tiny detonations — a puck onto a stick, a puck onto the glass, a puck onto the boards, a body into the boards — that make up the action. They are all sharp and varied, like the argumentative calls of exotic crows. What I miss most about hockey are the many ways it is so different from everything else. Everything is so damned vivid. This is, of course, only part of the reason that NHL commissioner Gary Bettman needs to be rendered naked, smeared with honey and jam, and dragged behind a Zamboni across an endless field of anthills.

Or something.

I am not even the greatest of hockey fans, but I know this one thing: Outside of NASCAR fans — who are outliers in so many ways, including, alas, which way many of them would have been rooting at Gettysburg — hockey fans have a more intimate relationship with their sport than do any other fans. Their devotion to the game as a game is more enduring than that of most football fans, and it is far less insufferable than that of most baseball fans, the latter of which, I believe, would be content if the games were contested on spreadsheets by columns of inhuman figures. (A large percentage of football fans also prefers to look on the games as columns of figures, most of which end, oddly enough, with “-10,” or “O/U 65.”) In certain parts of the country, like, say, the Boston area, in which I grew up and I live right now, hockey fans follow the collegiate and professional levels with equal fervor — as opposed to basketball fans with their endless, stupid arguments about whether or not the college game is superior to the NBA version — because, in both cases, you’re simply watching hockey, which is all that matters. … Read More

(via Grantland)

ALDLAND Podcast

Do you enjoy hearing about Notre Dame football?  Well you better, because this podcast features a lot of discussion about that very subject.  We have a very special guest on today, who you will undoubtedly enjoy hearing from.  It’s not all Notre Dame though . . . some time is spent discussing how Gary Bettman is literally the worst person ever to live. Give this podcast a listen, you won’t regret it.

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