Sports Law Roundup – 12/1/2017

aslr

Here are the top sports-related legal stories from the past week:

  • Streaming data: The U.S. Court of Appeals for the Ninth Circuit has ruled that ESPN may share an individual’s streaming device identification number and record of videos watched without violating the federal Video Privacy Protection Act because that information does not constitute “personally identifiable information” under that act. The First Circuit previously had ruled that such information could be personally identifiable information, especially where combined with geolocation data, but that now is regarded as the minority position.
  • Bird death: A Massachusetts appellate court affirmed a trial court’s grant of summary judgment in favor of a truck manufacturer and the owner of automotive-related equipment in a wrongful-death case brought by the widow of Mark Fidrych. Fidrych died in 2009 of accidental asphyxiation when his clothing became entangled in the equipment while he was working underneath his truck. The court agreed that the equipment was dangerous and could have been designed in a safer fashion, but, because those designs were not defective and the risk that led to Fidrych’s death “arose out of the addition of other components and the decisions made, and actions taken, by downstream actors, the defendants had no duty to warn of those dangers.”

Sports court is in recess.

Advertisements

Michael Fulmer and the changing face of the Detroit Tigers

fulmer_poy_r6n5p8h1_j3r60e3n

We learned Monday that Detroit Tigers starting pitcher Michael Fulmer is the 2016 American League rookie of the year. While not a unanimous selection like his National League counterpart, Corey Seager, he still claimed the award in convincing fashion:

royfulmer

Fulmer is the fifth Tiger to win the award, joining teammate Justin Verlander, Lou Whitaker, Mark Fidrych, and Harvey Kuenn. The connection between Verlander, who won his rookie of the year exactly ten years ago and is a contender for his second Cy Young award this year, and Fulmer seems to be a neat and real mentorship relationship. Here’s a snapshot statistical comparison of Verlander and Fulmer in their rookie-of-the-year seasons:

royfulmerverlander

It certainly is exciting to consider the possibility that the Tigers have found in Fulmer another Verlander, even if Fulmer’s numbers– comparatively superior to Verlander’s ROY season across the selected metrics– have some worried about his ability to repeat his rookie-year successes. (This concern boils down to the relatively large gap between Fulmer’s ERA and his FIP. It seems worth noting that Verlander had an even larger gap in 2006.) It doesn’t mean a lot, but the similarities make for a fun comparison.

Fulmer’s accolades serve as a reminder that the next generation of this Tigers team already has arrived, at least in part, and that, with business-side changes afoot, the veteran generation could be gone before we know it.   Continue reading

Bay of Cigs: Jet Set (Sigh?)

papa jetAirships are away in the Detroit Tigers empire as I write. After a crash landing at the final destination of the team’s only West Coast trip, the Tigers limped back to the Motor City, and promptly (indeed, retroactively) placed Octavio Dotel, who has been pitching without a functioning elbow since Oakland, on the disabled list. In immediate need of bullpen reinforcements, GM Dave Dombrowski & Co., air traffic controller furloughs be damned, revved up the sky fleet. The first move was to bring the franchise’s top relief prospect, Bruce Rondon, in from Toledo, something that admittedly is unlikely to require the services of a jet airliner. But then! Wheels up! Jose Valverde is on a flight to Detroit RIGHT NOW! The town and team turned on the once-perfect (49-0!) reliever after a down year last season, but now, in their need, redemption? The front office is mum for now, but the implication from Valverde’s comments this evening is that, at the end of his short-term minor league contract, he will sign a one-year contract with the club in Detroit.

What does all of this mean for a should-be frontrunner floundering in third place in the weak AL Central with a .500 record? Even though it’s early, and fans of baseball teams that struggle early love to rail against “small sample sizes,” we can set aside results and other numbers and acknowledge that the bullpen was working way too hard this month, and two fresh, if unsteady, arms are sure to provide at least temporary relief for a staff that seems like it could use a collective deep breath. For Rondon, my hope is that he’s ready for the big leagues. For Valverde, I just hope he has enough left to allow the coaches to use him in a way that helps the team. That may be ending this jet-set flourish with something of a sigh, but let it be, in part, a sigh of relief as you remind yourself that at least it wasn’t Brennan Boesch’s birthday flight that landed at DTW this evening.

Keep reading to find out who else will be on a flight to Detroit this week…