Sports Law Roundup – 8/4/2017

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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:

  • NBA fan assault: After declining a plea offer in June, Charles Oakley, a former member of the New York Knicks who was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden, accepted a similar offer today. While Oakley’s earlier decision appeared designed to force Dolan to provide public testimony at a trial, Oakley, through his lawyer, now says that he “will be pursuing all civil remedies against Mr. Dolan based on this incident.” Pursuant to the terms of today’s agreement, prosecutors will drop the criminal charges against Oakley if Oakley stays out of MSG for one year and otherwise avoids criminal trouble for six months.
  • ESPN parody: The parody sports website NOTSportsCenter.com, which appears to exist today mostly as a Twitter account, defeated a challenge by ESPN that sought the transfer of the NOTSportsCenter.com web domain to ESPN because, ESPN complained, the parody website was confusingly similar to ESPN’s registered “SportsCenter” trademark and operated in bad faith. The arbitration panel found that the owner of the NOTSportsCenter.com domain, Will Applebee, was not using the domain in bad faith, was not attempting to disrupt ESPN’s business, and does not keep people from visiting ESPN’s website. Finally, the arbitrators noted that ESPN’s “delay in taking action against [Applebee] nullifies its arguments,” finding the Worldwide Leader’s decision to wait six years to challenge the domain registration to be a material piece of evidence. Attorneys from Greenberg Traurig, an international law firm with more than two dozen offices around the world, represented ESPN. Applebee represented himself.
  • Daily fantasy sports: On Wednesday, Delaware and Maine became the latest states to legalize daily fantasy sports. The Maine law prohibits DFS contests based on collegiate athletics. Legislative action in other states suggests that Pennsylvania, Illinois, and California could be next in line, while Massachusetts appears to be moving in the other direction.

Sports court is in recess.

Sports Law Roundup – 6/2/2017

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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.

After a week off, this feature returns with the top sports-related legal stories from the past week:

  • Penn State child abuse: All three of the former Penn State University administrators charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program will spend time in jail. In March, former PSU vice president Gary Schultz and former athletic director Tim Curley pleaded guilty to one count each of endangering the welfare of children, leaving former school president Graham Spanier as the sole defendant in the case facing a trial on charges of child endangerment and conspiracy. A jury subsequently convicted Spanier of a single misdemeanor count of child endangerment. Curley and Schultz each received sentences of a maximum of twenty-three months in jail. Curley will serve three of those months in jail and Schultz will serve two months, with each completing the remainder of his sentence in house arrest. Spanier was sentenced to a maximum of twelve months in jail and will serve two, with the remainder in house arrest, and still indicates he intends to appeal.
  • Cheerleader wages: The judge overseeing the proposed antitrust class action lawsuit brought by a former San Francisco 49ers cheerleader known in the context of the case as Kelsey K. in connection with alleged wage-suppression tactics has dismissed the case, although he is allowing the plaintiff’s attorneys until June 15 to attempt to amend the complaint. In February, the judge denied the lead plaintiff’s request to proceed with the case under the “Jane Doe” pseudonym, though he did permit her to use only her first name and last initial.
  • NASCAR pit crew: A judge denied the majority of two competing summary judgment motions and will allow a wrongful termination case by a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing (“MWR”). The plaintiff, Brandon Hopkins, injured his shoulder when a racecar hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis.
  • NBA fan assault: In February, Charles Oakley, a former member of the New York Knicks, was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden. Now, Oakley has declined a prosecutor’s offer to drop the charges and requested that the matter be resolved in a trial, which Dolan likely views as a vehicle for unwanted public attention on himself.

Sports court is in recess.

ALDLAND Podcast

Even the ALDLAND Podcast is not immune from Lebron discussion, and so we start off the episode with that very topic. Where will he go? Why will he go there? All these questions and more are discussed. But don’t worry, Carmelo Anthony, Chris Bosh and Dwyane Wade, we haven’t forgot about you and also predict your landing destinations. Not to be left out, soccer makes its presence felt in this edition of the ALDLAND Podcast as the World Cup final gets a healthy preview.

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Rasheed Wallace, perhaps the NBA’s best character, has again retired

ESPN New York reports:

Veteran forward Rasheed Wallace has retired from pro basketball for the second time, the New York Knicks announced Wednesday.

Wallace played in 21 games this season with the Knicks but had missed most of the season with a stress fracture in his right foot.

A first-round draft pick in 1995, Wallace played 15 seasons in the NBA and won a title with the Detroit Pistons in 2004. He retired in 2010 after one season with the Celtics in which the team lost to the Lakers in the Finals. Wallace came out of retirement to sign with the Knicks in October.

He finishes his career with averages of 14.4 points and 6.7 rebounds per game. The four-time All-Star has been known as a volatile player and finishes as the all-time leader in technical fouls with 304.

About a million things could be written about Sheed, but none of them would be as interesting, engaging, or fun as Sheed himself. (E.g., this Grantland profile.) Instead, let’s just say that Sheed played hard, most of the time, and Sheed don’t lie, all of the time.

Whatever the reason, Carmelo Anthony Is hurting the Knicks

Or perhaps the passive voice is appropriate here: The Knicks are being hurt by Carmelo Anthony. Observe:

With fifty-four playoff games played, this isn’t the result of a small sample size.

What’s harder to know is whether Anthony is to blame or if he’s the anti-Steve Kerr. If it’s the former, which everybody thinks, that’s pretty bad. If it’s the latter, though, Anthony should retire right now and become a general manager.

(HT: Mr. Jedediah)

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Related
The real reason Carmelo Anthony is hurting the Knicks

Silent Film Series: Baron Davis (Oakland, CA 2007)

The writers and readers of this site tend to be employed or otherwise disposed during the day such that watching video clips on full volume usually doesn’t happen. If there’s something I really want to hear, I save it for lunch or the end of the day, and I suspect a lot of people do the same thing. This means that there are a lot of us watching a lot of videos– the general tenor of the internet being what it is– on mute. Conventional wisdom suggests that this practice detracts from our experience of these videos. Conventional wisdom also suggests that you never get involved in a land war in Asia, but is Afghanistan even in Asia and anyway that’s not what we’re talking about because the fact is that conventional wisdom can be wrong about videos and about wars (but not about videos of wars), which is why we’re introducing the ALDLAND Silent Film Series.

The concept is simple: some videos are better without sound. Whether they’re made that way or are seen that way for some variation on the modern reality alluded to above, this addition-by-subtraction effect is very real.

The Series’ inaugural feature comes from Oakland, California in 2007. Yesterday afternoon, Amos Barshad included the clip in his possibly prescient (given the Knicks’ loss in Miami last night) contingency plan for the end of Linsanity. It stars a somewhat (i.e., five-years) younger Baron Davis in his role as point guard for the Golden State Warriors, and it comes in the final minutes of a 20+ point win over the visiting Utah Jazz.

I neither am nor aspire to be Chuck Klosterman: a second-by-second analysis of this video hardly seems necessary. Instead, as you watch it (sans audio!, of course), appreciate the silent cinemagic of every shot of Davis, his teammates, Andrei Kirilenko, the fans, and the referee. Sound can improve these visuals in zero ways.

Jeremy Lin: Knicks’ star is Warriors’ loss (via Yahoo! Sports)

In 1965, the San Francisco Warriors traded Wilt Chamberlain to the Philadelphia 76ers for Connie Dierking, Lee Shaffer, Paul Neumann and $150,000. Chamberlain went on to win two NBA championships and three more MVPs after leaving San Francisco.

In 1980, the Golden State Warriors traded Robert Parish and a draft pick – used to take Kevin McHale – to the Boston Celtics for a draft pick. The Celtics landed two future Hall of Fame players who would join Larry Bird to form the franchise’s legendary “Big Three.” The Warriors used the draft pick they received in the deal to select … Joe Barry Carroll.

Chris Webber developed into one of the league’s better power forwards after the Warriors traded him for Tom Gugilotta and three draft picks. Tim Hardaway became an MVP candidate for the Miami Heat after the Warriors moved him. Mitch Richmond turned into a six-time All-Star for the Sacramento Kings after the Warriors traded him.

The list of players whose success grew after they left the Warriors is long and paints a not-so-flattering portrayal of the franchise. If you’re on the Warriors’ roster and seeking stardom, history suggests you should head elsewhere.

Like Jeremy Lin did. … Read More

(via Yahoo! Sports)

Monday child (slight return)

Saturday night’s primetime college basketball matchups saw both visiting teams come away with victories. In the early game, Michigan State beat Ohio State, ending the Buckeyes’ thirty-nine game home winning streak with a comfortable ten-point victory. In the late game, Vanderbilt erased a thirteen-point halftime deficit but were unable to close in the final minutes, losing to #1 Kentucky 69-63. (More on this game later.)

We’ve so far resisted the seemingly linfinite opportunities to write about New York Knicks point guard Jeremy Lin– he isn’t even my favorite Lin brother— but his 38-point effort against Kobe Bryant and the Lakers deserves mention.

Finally, while MSU ended OSU’s home win streak, the cross-state Detroit Red Wings came from behind to beat the Flyers in Hockeytown for their twentieth consecutive home win, which tied the record set by the 1929-30 Bruins and matched by Philadelphia’s 1976 crew.