Sports Law Roundup – 7/7/2017

aslr

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 break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.

Sports Law Roundup – 4/28/2017

aslr

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 slow news week off, we’re back with the top sports-related legal stories from the past week:

  • Hockey head injuries: The NHL suffered another loss in the pretrial discovery process in the ongoing head-injury lawsuit between the league and a group of former players. Last month, the court ordered the public release of certain internal NHL communications and other documents, some of which contained embarrassing and damaging statements by team and league officials, including Commissioner Gary Bettman. Now, the court has mostly denied the NHL’s motion to force Boston University’s CTE Center to produce research documents and information about test subjects, although it will allow production of documents pertaining to deceased players whose families authorize the release of those records, as well as documentation of the Center’s public statements to the press regarding research on NHL players. The league responded by filing its opposition to the plaintiffs’ request for class-action treatment, arguing that there is not a scientifically established link between head trauma and “neurodegenerative” diseases like CTE. According to the NHL’s filing, “any causal relationship between head injury in contact sports and later-in-life development of CTE remains scientifically unproven.” The league also argued that it would be inappropriate to certify a nationwide class for a medical-monitoring claim, since the applicable laws vary on a state-by-state basis.
  • More hockey head injuries: With the NHL already embroiled in head-injury litigation, two of its teams, the St. Louis Blues and New Jersey Devils, now face another lawsuit filed by a former player, Mike Peluso, addressing the same situation. Peluso, an enforcer for the Blues and Devils (as well as the Blackhawks, Senators, and Flames) in the 1990s, alleges that the teams had actual knowledge of the medical risks of additional head injuries he personally faced, yet continued to encourage him to play and fight on the ice. According to Peluso’s complaint, which also names an insurance provider as a defendant, “This is not simply a case were [sic] defendants are alleged to know the link between head injuries and permanent brain damage. This is a case where defendants knew the link between Mr. Peluso’s head injuries and permanent brain damage because they had their own Board Certified Team Neurologist tell them that Mr. Peluso would have brain damage if they allowed him to continue to receive head injuries” and hid that information from him. The complaint also alleges that Peluso suffers from permanent brain damage and dementia and is permanently disabled. Peluso, now fifty-one years old, claims he engaged in 240 fights in his nine-year NHL career and suffered at least nine grand mal seizures. A member of New Jersey’s 1995 Stanley Cup-winning team, Peluso finished among the top-ten players in the league in penalty minutes in four of his nine seasons, leading the league in the 1991-92 season. Mike Peluso should not be confused with his cousin, Mike Peluso, who had a brief NHL career with the Blackhawks and Flyers in the early 2000s.
  • Football biometric data: The NFLPA and Whoop, a company that sells wearable fitness monitoring devices, have entered into an agreement in which Whoop will provide players with devices that track “strain, recovery, and sleep” and can transmit that data to Whoop’s web-based applications. As part of the agreement, the players will be able to customize the aesthetic design of their device for their own use and for retail sale. Significantly, the agreement grants each player ownership rights of all data his device collects. While headline-writers have feasted on the possibility (apparently authorized under the agreement) that players may sell their data in some manner, the real purpose of this deal likely is to stem growing concerns that it would be the teams or leagues that would own (and potentially misappropriate) players’ biometric data.

Sports court is in recess.

Sports Law Roundup – 2/3/2017

aslr

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.

Sports Law Roundup – 11/18/2016

aslr

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:

  • Baseball stadium netting: On Wednesday, the trial court dismissed a lawsuit seeking increased fan-safety measures in baseball stadiums, including expanded safety netting behind dugouts and along the foul lines, based on a lack of standing. I previously wrote about this case over at TechGraphs (see here, here, and here), generally discussing the ways in which it– despite the legal weaknesses in the plaintiffs’ position– already was effecting change. Although those legal weaknesses proved to be the downfall of this suit, the court’s ruling was not without its admonitions to Major League Baseball. For example, an early footnote contains this observation: “Why Major League Baseball, knowing of the risk [foul balls pose] to children in particular, does little to highlight this risk to parents remains a mystery.” The order also expressly suggests the possibility that future litigation along these lines may be more availing in other states, where the “Baseball Rule,” which makes it very difficult for fans to recover against baseball teams and leagues, has fallen under attack: “Thus, it is conceivable that, under the right set of circumstances, a plaintiff could obtain the type of relief that plaintiffs seek here. Given the changing nature of both the baseball game experience and the injuries at issue, which are far different from those in 1914, what is a ‘reasonable expectation’ on an ‘ordinary occasion’ is not a static concept.
  • Football painkillers: Attorneys for retired NFL players in a lawsuit against the league alleging that team doctors dispensed painkillers “‘as if they were candy’ regardless of long-term effects” are seeking permission to depose team owners Jerry Jones and Jim Irsay. Outside of football, Irsay, who inherited ownership of the Indianapolis Colts from his father, is known for collecting famous guitars– including Jerry Garcia’s Tiger, Les Paul’s Black Beauty, and Prince’s Yellow Cloud— and having a history of abusing painkillers. The plaintiffs also have amended their complaint to add a RICO claim, which, among other things, introduces the potential for tripling their financial recovery in the lawsuit.
  • NCAA transfer rules: Johnnie Vassar, a former Northwestern basketball player, filed a putative class-action lawsuit against the NCAA, alleging that the rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. Vassar claims that he attempted to transfer from Northwestern but was unable to do so, because all of his target schools only would accept him if he could play immediately. In recent years, Northwestern has emerged as a cradle of anti-NCAA legal activity.
  • Triathlon death: A wrongful death claim brought in connection with the drowning death of a competitor in the 2010 Philadelphia Triathlon cannot proceed, a Pennsylvania appellate court ruled, concluding that the triathlete knowingly and voluntarily assumed the risk of participating in the event when, in the course of registering for it, he executed a detailed liability waiver.
  • Cuban baseball-player smuggling: In a federal criminal case against a sports agent accused of conspiracy to smuggle Cuban baseball players into the United States, the government has listed numerous professional players, including Yoenis Cespedes and Jose Abreu, as trial witnesses. For more on this general subject, ESPN The Magazine’s feature on Yasiel Puig is a must-read.
  • Boxing fraud: The defendants– Floyd Mayweather, Manny Pacquiao, HBO, Top Rank, and others– in twenty-six lawsuits alleging that they improperly concealed Pacquiao’s shoulder injury leading up to the fighters’ 2015 bout in order to boost pay-per-view sales admitted that the plaintiffs– fans and bars– had standing to pursue their claims, even as the defendants denied that those claims had any merit.
  • Gambling: West Virginia, Arizona, Louisiana, Mississippi and Wisconsin are asking the United States Supreme Court to review a Third Circuit decision rejecting New Jersey’s attempt to open up sports gambling in its state. The five states, together, filed an amicus brief in support of New Jersey’s cert petition (formal request that the Supreme Court allow them to appeal the Third Circuit’s ruling), arguing that the manner in which Congress has regulated sports gambling is unconstitutional and threatens the balance of power between the federal and state governments. In an unrelated story, daily fantasy leaders FanDuel and DraftKings announced a merger agreement this morning.
  • Secondary football ticket market: Under pressure from state regulators, the NFL agreed to end its league-wide imposition of a price floor on game tickets sold on the secondary market that had prevented the resale of tickets at prices below face value. The agreement does not apply to tickets for the Super Bowl and Pro Bowl, nor does it prevent teams from acting “unilaterally” to enforce price floors, meaning that the practice could continue.
  • Campus police records: The Indiana Supreme Court affirmed a trial court’s dismissal  of ESPN’s lawsuit seeking the University of Notre Dame Police Department’s incident reports involving student athletes, deciding that the ND Police Department is not a “public agency” and thus cannot be compelled to produce the requested materials under the state’s open records law.

Sports court is in recess.

On the Road Again: A study of NHL rink variation

One of the important background dimensions to comparative baseball statistics is known as “park adjustments,” a set of corrective factors applied to account for the physical differences (e.g., outfield wall depth) between each park. Among American sports today, only Major League Baseball and NASCAR (and golf, I suppose) permit such structural variation between the competitive arenas themselves.

Professional hockey used to be in that group too. More than merely adjusting, adding, and subtracting lines on the ice to affect the flow of play, as the NHL continues to do (cf. the NBA three-point line), the rinks themselves used to be different sizes. League rules mandate a uniform rink size, but so-called “small rinks” persisted in the NHL as late as the 1980s and 1990s in Boston, Chicago, and Buffalo.

While hockey does not face the structural differences present in baseball, there still is a need to apply rink-by-rink statistical adjustments. That’s because the compiling of basic hockey statistics (e.g., shots, hits, turnovers) requires statisticians to make judgment calls to a more significant degree than in a discrete-event sport like baseball.

By way of limited background, the NHL collects basic gameplay statistics through a computer system known as the Real Time Scoring System (RTSS). A benefit of RTSS is that it aggregates and organizes data for analysis by teams, players, and fans. A vulnerability of RTSS is the subjectivity alluded to above that comes when human scorers track a fluid, dynamic sport like hockey.

While others have noted certain biases among the RTSS scorers at different rinks, a paper by Michael Schuckers and Brian Macdonald published earlier this month analyzes those discrepancies across a spread of core statistics and proposes a “Rink Effects” model that aims to do for subjective rink-to-rink differences in hockey scoring what park adjustments do for structural differences between baseball parks.    Continue reading

ALDLAND Podcast

There’s not a lot going on in the sports world this week . . . OR IS THERE? Join your two favorite cohosts as we discuss the biggest piece of sports fiction to come out in, well, ever: “A Win for the Devils” by Jeremy Francis. We also discuss conference tournament season and share some of our picks to surprise in major and mid major tournaments across the country.

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Download the ALDLAND podcast at our Podcasts Page or stream it right here:

Comprehensive Super Bowl XLVIII Preview

As you can see from the above graphic, this year’s Super Bowl, already dubbed the Snow & States’ Marketing Rights Bowl, pits New York against New Jersey in a battle for subpar beach superiority. You do not have subpar taste, however, because you’re reading ALDLAND’s Super Bowl preview, the only one you’ll need to prepare yourself for the game on Sunday. What follows is a compilation of the most interesting, entertaining, and essential Super Bowl XLVIII content, concluding with the least interesting, entertaining, and essential Super Bowl XLVIII content, my game prediction:

  • First and most important: the game begins at 6:30 Eastern on Fox.

Rangers on Road in the Bronx? (via NYT)

An unusual aspect of the N.H.L.’s two outdoor games at Yankee Stadium is that the Rangers have been designated the road team for both games, even though their opponents, the Devils and the Islanders, come from outside New York City.

The reason seems to lie in the special exemption that has freed Madison Square Garden from paying property taxes since 1982.

A provision of that 1982 agreement stipulates that if the Rangers or the Knicks play a home game outside the Garden, the exemption is forfeited. … Read More

(via NYT)

HT: Niels

Looking ahead to the Stanley Cup finals

And they are. The simple story is that the Kings dominated on defense all year but couldn’t score, losing 2-1 games on their way to an eighth seed in the Western Conference. By adding scorer Jeff Carter late in the season, they finally had a complete (or complete-er) team that could compete on both sides of the ice. The simpler story is that LA is 14-2 in the playoffs and undefeated on the road.

As for New Jersey, they really came out of nowhere from my perspective. I don’t pay the Eastern Conference much mind until the Stanley Cup finals anyway, but the Devils really weren’t on my radar at any point this season, which, as far as the East was concerned, seemed to be all about the Rangers and Flyers, the woes of the Penguins, and the what-if-they-meet-the-NHL’s-own-Coyotes-in-the-finals Florida Panthers, for a series I would have relentlessly hashtagged #catsanddogs.

To what we’re listening: Root Glen’s Winter EP

Whether it’s emails from East Anglia or that leftover, freezer-burned Yankee pot roast that once warmed my chilled, cabin-feverish soul and has yet to depart the refrigerator, I just can’t trust the seasons anymore. (Blame my preference for pre-Enlightenment alchemedic metallurgy over 21st century “science” or the fact that it was 40 degrees two days ago and today it was 80 and hailing with the sun out.) One thing in which I’ve learned I can trust, though, is the continued development of the band Root Glen. That trust is based on being more than seventy-five percent of the way through the New Jersey-based band’s formative year of quarterly, seasonally themed releases. In fact, that year’s almost up, as the group’s spring offering is due out shortly. I don’t even care that this review is so late, because it could snow tomorrow in Topeka, and you need to be mentally ready for that.

The sparse, dry, wintry sounds of “Throw it in the Bay” appropriately open Winter, and the tune is an excellent way to start this EP. The sound immediately transports the listener to that dark, snowbound cabin depicted in the cover art. The verse rocks out in a fashion reminiscent of the darker turn heard on the band’s Fall release with a few appropriate variations: 1) rather than straight-ahead rock, there’s a slight jam feel around the fringes creating more of a slowly looping feel, something that both reminds the listener of the band’s loose, early sound and, here, suggests a nice feeling of ongoing despair; 2) the production value continues to improve, and on this song, it serves to mute the sound– much like a heavy snow would– as much as tighten it; 3) guitarist Ross Griswold’s lead line threads a long approach through the song that both compliments the feel described as variation (1) and 4) provides some developing continuity for those appropriately frequent times when the thicker parts back out into sparseness.

The second cut, “Lost in the Night” opens like Everlast’s “What it’s Like” and features an up-front exchange between David Moroney on vocals and Eric Blank’s kit cymbals. Griswold tastefully varies the electronics on his instrument to create some subtle soundscapes underneath these two, and Andres Gonzales gets a feature toward the end after rooting this tune with his occasionally and deftly muted bass. And just as the first song gave way to a more prominent role for Moroney and Blank in the second, it’s Gonzales’ more pronounced bass that leads the way into “Removed.” The reggae feel hinted at with some of the jam sensibilities present in the first song appears in this third song, placing the listener on a calmer, higher plateau after rising through the first two pieces. Gonzales’ slightly slappy bass eventually gives way to an airy interlude that visually recalls standing on a mountain as clouds rush by in a time-lapse video.

This lilt continues into “Out of Frame,” which will be the first number likely to draw the casual listener to the EP credits to find out who’s playing that saxophone (Marty Eigen), but it’s the distant, unison vocals that especially recall Talking Heads’ Remain in Light. (While looking at the credits, the listener will discover that five additional individuals helped Root Glen on three of Winter‘s five songs in various ways, including everything from songwriting to vocals and instrumentation.) At last, “Caradhras” is a fitting tag for Winter, a seven and a half minute piece of modern progressive (post-progressive? post-post-progressive?) rock that contains a nice hook and a very slight bit of tension-and-release work while staying within the introspective confines of the EP.

With Winter, Root Glen shows listeners yet another of their faces, this one perhaps the most mature yet, reminding us very clearly of a season this year did not bring us. As before, you can stream or purchase Winter at http://rootglen.bandcamp.com/album/root-glen-winter. Catch up on the latest band news at RootGlen.com.