Sports Law Roundup – 2/24/2017

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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:

  • Gymnast abuse: The Michigan Attorney General has charged a doctor with ties to USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area, who already is facing multiple civil and criminal accusations of improper sexual conduct, with twenty-two additional criminal counts in connection with his alleged sexual abuse of young female athletes. USA Gymnastics and Michigan State terminated their relationships with the doctor following the earlier accusations. Some of the new charges involve victims who were younger than thirteen at the times of the alleged acts, and all of the charges are felonies that carry a maximum sentence of life imprisonment.
  • Cheerleader wages: The judge overseeing the proposed class-action lawsuit filed last month by a former San Francisco 49ers cheerleader, who alleges that the NFL and the twenty-six NFL teams that have cheerleaders conspired to suppress cheerleader wages below market value, has denied the lead plaintiff’s request that she be permitted to use a pseudonym (“Jane Doe”) for purposes of her participation in the lawsuit. Rejecting the plaintiff’s argument that revealing her name would subject her to harassment, injury or embarrassment, the judge found that the plaintiff failed to cite specific threats of harm to her personally. He is allowing her to identify herself only by her first and last initials “for the time being,” however.
  • Penn State child abuse: Earlier this month, a court ruled that 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. Last week, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the judge has granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants, whose appeal request remains unaddressed by the court.

Sports court is in recess.

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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.

Bill Simmons launches new site with help from Tom Izzo

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Bill Simmons is back. The Sports Guy’s post-Grantland project, The Ringer, launched today. Although the site has had a social media presence for a few weeks (and Simmons’ now-eponymous podcast returned before that), action really got underway this morning, when Simmons publicly announced a number of the new website’s hires, and continued this afternoon, when he released the site’s first email newsletter.

The newsletter is The Ringer’s first substantive textual offering. It begins with a Simmons monologue on the name-selecting process for the new project, followed by a timely NCAA tournament article that leads with a nice picture of Tom Izzo and Denzel Valentine. (Bold prediction contained therein: “Sparty is going to be a tough out.”)

After that comes a Game of Thrones season preview, because this is the internet, after all, and the newsletter closes with a list of the three best-dressed people on Billions, which I just used Google to learn is another television show.

If The Ringer is reminding you of Grantland, that could be because of the substantial overlap in the two sites’ subject areas– basketball and premium-network television– and staff– including Katie Baker, Jason Concepcion (@netw3rk), and Brian Curtis. Tracking the similarities between The Ringer and Grantland will be both easy and less interesting than noting the differences, which are what could show us what, if anything, Simmons learned from his last venture.

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We’ll check back in once things have been up and running for a little while. In the meantime, here’s hoping BS can bring the following Grantland alums back into the fold: Brian Phillips, Rembert Browne, Mark Titus, Louisa Thomas, Charles Pierce, Chuck Klosterman, and Norm Macdonald.

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Writing about writing about writing: Grantland

2015 College Football Playoff: Opening Rankings and Conflict Conflicts

Last night, for the first time in the 2015 season, the College Football Playoff Selection Committee released its rankings. The Committee ranks twenty-five teams, and their top ten teams are shown in the images below.

These initial rankings offer plenty to critique about the Committee’s decisions this week and its process in general. Continue reading

Even a broken clock is right sometimes: Michigan State to #2 in the AP Poll

I have to agree, because the man said what I’ve been saying for a week now: Michigan State looks like the best team in the country at this moment. Both teams in the Oregon-MSU game looked better than anything the SEC had to offer through the first two weeks of the season.

Week three saw the Spartans struggle against Air Force’s triple-option offense, but, one has reason to expect, that data point will have little meaning going forward. Meanwhile, Georgia dominated South Carolina in what easily was the Dawgs’ best game of the year, and Ole Miss made it two straight over Alabama.

The Black Bears’Rebels’ win certainly was exciting, and it’s led some to argue that they deserve the top AP spot. Their sixty-four points per game and undefeated record that includes a win in Tuscaloosa merit a top-tier ranking, but home wins over UT-Martin and Fresno State aren’t terribly revealing.

Terribly revealing? Missouri’s ugly win over UCONN is a strong indication that the two-time SEC East champions are unlikely to defend their consecutive division titles in Atlanta this December. Ohio State had a similarly weak victory over Northern Illinois, but those Huskies are better than the ones from New England, and the Buckeyes’ recent track record suggests they’ll be fine going forward.

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If he could do it again, Chris Webber would have gone to Michigan State?

The strong implication of Chris Webber’s comments on this morning’s Dan Patrick Show is that, if he could begin his basketball career again, he would have accepted Tom Izzo’s offer to become a Michigan State Spartan:

Continue reading

Michigan State Final Four Preview

Michigan State’s back in the Final Four, and they take on Duke tonight at 6:09 on TBS. In the spirit of the Final Four, here are four good reads on the 2015 Spartans to get you ready for tonight’s game:

Go Green!

Tom Izzo Is The Best Coach In Modern NCAA Tournament History — By Far (via FiveThirtyEight)

A No. 7 seed unseats a No. 2 in the NCAA tournament’s second round about twice every three years, but there was something about Michigan State’s upset of Virginia on Sunday that felt more routine than that. Perhaps it was the fact that the Spartans had toppled the Cavaliers just last season, but beyond that, no second-week tournament run from Michigan State qualifies as surprising at this point. As you might have heard, Izzo’s Spartans are now 13-1 all-time in the round of 32, and they’ve visited the Final Four more often (six times) than they’ve lost in the tournament’s opening weekend (five times).

Digging deeper into the numbers only solidifies Izzo’s reputation as Mr. March. A few years ago, FiveThirtyEight editor-in-chief Nate Silver wrote about how unlikely Izzo’s teams were to have consistently advanced as far as they did from the seeds at which they started — and that was at the very beginning of the five-season stretch (from 2010-present) where the Spartans advanced to four regional semifinals and one regional final. By any standard, Izzo’s teams tend to wildly exceed their expectations once the NCAA tournament commences. … Read More

(via FiveThirtyEight)

College football wrapup: 2014-15

The 2014 college football season is in the books, and Ohio State is the first school to win a national championship determined by a postseason playoff system.

Beyond the usual discussion of champions and coaching legacies (quickly: Urban Meyer– three national championships at two different schools, evil; Nick Saban– four national championships at two different schools, merely soulless), one of the central season-in-review topics of conversation, at least in these parts, is whether the SEC is over. Surprisingly but also not surprisingly, Paul Finebaum, voice of the SEC, answers the question implied in the previous sentence in the affirmative. (UPDATE: PFT Commenter emphatically concurs.) Although he’s been developing his position over the course of his daily radio show since roughly the first of the year, he summed up the general point in his appearance on Keith Olbermann’s show just before the national championship game:

In short: “It was a pretty bad year for the SEC.”

Although I contemplated the notion of Peak SEC at least as early as December 2012 and later pegged the possible date somewhat more recently, I’m not sure I agree that the SEC is over.

The SEC’s bowl record was 7-5. (They were 7-3 last year.) The Pacific Twelve was 6-2 (exclusive of Oregon’s national championship loss), the Big Ten was 5-5 (exclusive of Ohio State’s national championship win), the Big XII was 2-5, and the ACC was 4-7. In other words, among the power five conferences, the SEC had the most teams playing in bowl games and notched the second-best winning percentage.

What seems to concern Finebaum, though, is a sudden lack of championships. That people think the SEC is done for because one of its members hasn’t played for a national championship in a whole year and hasn’t won one in a whole two years is a testament to the never-before-seen degree of dominance the conference produced during the BCS era. Prior to Ohio State’s inaugural CFP championship on Monday, the Big Ten had 1.5 national championships since 1970. The SEC had nine in the BCS era (i.e., since 1998) alone. The ACC had two BCS championships, the ACC had two, the (now-defunct for football purposes) Big East had one, and the then-Pac Ten had one, since vacated.

After the hunt for Mississippi October turned up empty and OSU knocked Alabama out in the semis, the SEC may need to do a little more to earn its seeds next year, but I’m not sure we can say the conference is measurably weaker simply because it failed to produce a national champion this year. If anything, the above suggests the conference is as deep as ever.

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Transitioning toward the offseason and the 2015 season, I’ll use this space to remind everyone that Michigan State’s only losses in 2014 were to Ohio State and Oregon. The Spartans face both teams again in 2015, albeit without the aid of their departed defensive coordinator, Pat Narduzzi. Continue reading