Sports Law Roundup – 2/3/2017

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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 to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. The plaintiff also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: Three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.

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.

How Drugs and Alcohol Fueled the 1986 Mets to a Championship (via WSJ)

bn-nj747_darlin_m_20160404135051You’d see guys toward the end of a game, maybe getting ready for their final at bat, double-back into the locker room to chug a beer to “re-kick the bean” so they could step to the plate completely wired and focused and dialed in. They had it down to a science, with precision timing. They’d do that thing where you poke a hole in the can so the beer would flow shotgun-style. They’d time it so that they were due to hit third or fourth that inning, and in their minds that rush of beer would kind of jump-start the amphetamines and get back to how they were feeling early on in the game—pumped, jacked, good to go. How they came up with this recipe, this ritual, I’ll never know, but it seemed to do the trick; they’d get this rush of confidence that was through the roof and step to the plate like the world-beaters they were born to be. … Read More

(via WSJ)

Johnny Cueto vs. Daniel Murphy: World Series, Game 2

Last night, Johnny Cueto returned to the confident, successful form the Kansas City Royals expected when they traded for him earlier this season, allowing just one run and two hits (both soft singles by Lucas Duda) in the course of completing a 122-pitch complete game victory.

Early on, home-plate umpire Mark Carlson seemed to be calling a fairly large strike zone, which appeared to tighten as the game progressed. No Mets hitter looked to be more frustrated by Carlson’s calls than the suddenly homer-starved Daniel Murphy, who struck out twice and walked twice, failing to register a hit (or put the ball in play) for the first time this postseason.

What follows is a quick look at each of Murphy’s four plate appearances last night, with the goal of determining whether he or Cueto received any benefit from Carlson’s as-called strike zone.   Continue reading

Window Shopping: Step Back From the Window, or, Thank You Very Much, Mr. Rebooto

The July 31 non-waiver trade deadline was an especially active period for the Detroit Tigers franchise, which made big moves both with player and front-office personnel.

Detroit traded three of the best players on its 2015 roster in the days and minutes prior to the trade deadline. The team’s biggest move, and arguably the biggest of one of the most active trade-deadline periods ever, was their decision to trade number-one starter David Price to the Toronto Blue Jays. They also sent closer Joakim Soria to Pittsburgh, and, in the final moments before the deadline, Yoenis Cespedes to the Mets.

The basic logic behind each of these moves is that, even prior to these trades, each of these players was, for all practical purposes, not going to be a member of the Detroit Tigers in 2016. That’s because each is in the final year of his current contract, meaning that each becomes a free agent at the end of this season. The Tigers would have no special ability to keep Price, Cespedes, or Soria in Detroit after the end of the 2015 season, and, given their individual successes, each is likely to fetch contract offers on the free market too rich even for Mike Ilitch’s blood. Rather than keep Price, Cespedes, and Soria for August and September on a team that’s unlikely to even make the playoffs, only to watch them walk away in the winter, the Tigers, with an eye on the post-2015 future, decided to cash in some of the value of these assets by trading them now. In doing so, Detroit converted these three expiring assets into six prospects, including five pitchers and one infielder.

Baseball analysts widely praised these transactions as beneficial to the Tigers, who, general manager Dave Dombrowski announced were “rebooting,” selling with the goal of remaining competitive in the near term, rather than undergoing a full rebuilding. The top return for Detroit was Daniel Norris, a now-former Blue Jay who lives in a van and shaves his beard with an ax. They also received Matt Boyd from Toronto, a younger starter who, in his recent Tigers’ debut, beat Johnny Cueto and the Royals.

Of course, the only real question for Detroit was not whom to trade but whether to trade. As July 31 approached, that question divided fans and, it later would be revealed, members of the team’s front office and ownership. As for the former group, most fans recognized the Tigers’ slim playoff odds and supported selling, although a minority that included this writer held out hope that the team could make one more postseason push before initiating a rebuild. Ultimately, Dombrowski’s “rebooting” seemed to satisfy both camps: Detroit would get close-to-ready prospects in exchange for their expiring assets. No long rebuilding process– a full surrender– was in store, just a quick retooling.

Two additional notes in the context of these trades: 1) one week before the trade deadline, Toronto, the biggest buyers, and Detroit, the biggest sellers, sat four and five games out of the last American League wild card position, respectively, and 2) while it isn’t at all likely that Price, Soria, or Cespedes will return to Detroit in the offseason, the effect of an unusual clause in Cespedes’ contract is that the Tigers actually increased whatever chance they have of resigning Cespedes by trading him.

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As the Tigers and their fans were settling into life without Price, Soria, and Cespedes, and enjoying their first trial run with Norris, who had a strong start on Sunday in Baltimore, unbeknownst to them, even more action was afoot behind the scenes.    Continue reading

Upton Abbey – S2E1 – April Showers

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As planned, ALDLAND conducted a show of force during the Braves’ home-opening week, making our presence felt during game three of each series, which were played against the Mets and Nationals.

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Although Atlanta lost that game and the series to the Mets that Thursday night, the game was a sign of things to come for the Braves. Continue reading

Upton Abbey: Season Two Preview

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Upton Abbey is our Atlanta Braves series, now in its second season. B.J. and Justin Upton are off to rough starts, but overall, the state of Upton Abbey is strong. Tune in all season long right here on ALDLAND.

The Braves are opening at home this week with series against division foes New York and Washington. They started the season on the road in Milwaukee and Washington, going 4-2 on that trip, dropping just one game in each city.

Atlanta’s young, ascendant starting pitchers were the story heading into the season. That talent vanished with still-shocking swiftness, duplicate round-two Tommy John surgeries, and other injuries clearing out the bulk of the rotation. Still, the remaining starters, led by Julio Teheran and Alex Wood, have looked pretty good so far. Craig Kimbrel remains the best closer in the game, so that’s something that will help reassure a young, trembling group of starters. Reliever Luis Avilan’s hamstring injury, suffered this week, is cause for concern, but you’re getting the theme pretty clearly at this point.

The main non-injury offseason personnel event was the departure of free agent catcher Brian McCann to the Yankees. While the still-raw Evan Gattis (and the wily Gerald Laird) may be able to replace some of McCann’s hitting, we should pause here to note the likely dropoff when it comes to the glove. From 2008-13, McCann was the best catcher in baseball in terms of pitch framing; Laird and fellow Braves backup catcher Ryan Doumit were among the ten worst over that period.

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ALDLAND will be at Turner Field for two games this week. Tonight, Commodawg and AD will catch the rubber match in this opening series with the Mets. On Sunday, Physguy comes to town to join AD for the third game of the Nationals series. Stay tuned here and on twitter for the freshest insights and hottest updates.

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Related
Preseason BP Nuggets
A Boy, His Granddad and the Monumental Courage of Henry Aaron (via The Bitter Southerner)

Baseball Notes: Lineup Protection
From Barves to Burbs: What’s Happening to Baseball in Atlanta?

Preseason BP Nuggets

bpro-oscarAs mentioned, this is my first season reading the Baseball Prospectus annual, and as those around me this spring have noticed, it’s full of numbers. Numbers are okay, but without analysis or interpretation, it can be a bit like reading the backs of a bunch of really comprehensive baseball cards (that also happen to include some sophisticated projections for the season ahead). There’s nothing wrong with numbers, but they don’t tend to make for very exciting reading on a site like this. Instead of asking you to widen your eyes along with me at the number of home runs Chris Davis is projected to hit this year (thirty, down from his Triple-Crown-repeat-spoiling fifty-three in 2013), I’ve tried to extract a few nuggets of information from the weeds of the raw data that will make watching baseball this season just a little bit more enjoyable.      Continue reading

Upton Abbey: Episode 5 – Guess Who’s Not Coming To Dinner

upton abbey bannerDinner is a popular event at the Abbey, and after last episode’s three-course meal, it seems it’s supper time again.

This episode presents a baseball-themed inversion of a classic dinner trope, as there was no dinner guest to be found when the paternalistic Braves arrived in Queens this week to dine with the Mets:

Continue reading