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 – 4/14/2017

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.

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

  • Aaron Hernandez: This afternoon, a jury acquitted Aaron Hernandez, who played tight end for the New England Patriots and Florida Gators, of charges that he murdered two people in Boston in 2012. Hernandez already is serving a life term without parole for a 2013 murder. Despite the acquittal on the murder charges, the jury did convict Hernandez on a firearm charge.
  • St. Louis Rams: The City of St. Louis has sued the NFL and all thirty-two of its teams for losses related to the Rams’ departure to Los Angeles in 2016. The suit alleges that the team failed to make a good-faith effort to stay in St. Louis before leaving in violation of league rules. According to a public statement by the city’s mayor, the city spent a substantial amount of public money in the hopes of keeping the team, and it did so in reliance on the expectation that the team would comply with NFL team-relocation rules.
  • Baylor sexual assault: Earlier this year, 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. She 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 claimed that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. Now, the judge overseeing the case has largely denied the defendants’ motion to dismiss, narrowing the plaintiff’s emotional distress claim but otherwise allowing her case to proceed, calling the allegations “disturbing.”
  • Volleyball sponsorship: Kerri Walsh Jennings, who won three Olympic gold medals for the United States beach volleyball team, is suing the Association of Volleyball Professionals for breach of a sponsorship contract. Walsh Jennings alleges that AVP still owes her $150,000 on a $450,000 agreement despite her compliance with all of the contract’s terms. Part of the backdrop of this dispute may be another dispute between Walsh Jennings and AVP over whether she will play in AVP’s 2017 professional tournament.
  • NFL memorabilia: What purports to be new evidence in two 2014 lawsuits against Eli Manning, Steiner Sports (a memorabilia company with which Manning has a formal relationship), the Giants, and a team equipment manager alleging that the defendants worked together to sell collectors “game-worn” items that were not, in fact, game-worn emerged this week in the form of an email exchange between Manning and the equipment manager. In it, Manning requests “2 helmets that can pass as game used,” and the manager responded that he “should be able to get them for tomorrow.” The collectors who filed the lawsuits contend that this exchange proves that Manning knowingly provided Steiner with “fraudulent” items to sell to fans. The team now says the email exchange was taken out of context, and that its release now constitutes an attempt to defame Manning.

Sports court is in recess.

Staffords of the future

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Detroit Lions quarterback Matthew Stafford and his wife Kelly recently became parents of twin girls, an event that presents an opportunity to consider an interesting question, or, at least, a very typical question made interesting by attendant circumstances. When an athlete has a child, many assume– for plenty of good reasons– that the child will follow in his or her parent’s athletic footsteps. That speculation is all the more present when both parents are athletes, of course, as anyone who remembers the Steffi Graf-Andre Agassi wedding (or the Curry family) can attest.

Stafford’s sport, football, has begun a fall from grace in the public eye, and, we’re told, youth football will dry up as parents decline to permit their children to participate in a sport that now almost seems designed to induce lasting brain trauma.

On the other hand, there has been a push for increased inclusiveness in sports, from openly gay or transgender athletes to women pushing their way into male-dominated leagues. Little League World Series star Mo’ne Davis sparked a new drama series on network television, and eloquent and mortally conscious baseball observer Sam Miller wrote after the Chicago Cubs’ curse-breaking World Series win that the chance to see a female player in the major leagues was the only likely historical baseball event worth living for.

These two arguably diverging trends return us to the subject of the Stafford twins and the speculative question at the heart of this post: Is it more likely that one or both of the Stafford girls grows up to play football, or that football essentially doesn’t exist by the time they grow up?

Sports Law Roundup – 4/7/2017

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.

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

    • MLB defamation: A judge will allow a defamation lawsuit brought by Washington Nationals first baseman Ryan Zimmerman and former Philadelphia Phillies designated hitter Ryan Howard against Al Jazeera and two of its employees to proceed. The Ryans’ case relates to a documentary that aired on the television network in 2015 that included claims that they were among a group of players who purchased performance-enhancing drugs from an anti-aging clinic. In partially denying the defendants’ motion to dismiss the case, the judge explained that the argument that Al Jazeera and its employees simply were reporting the statement of an employee at the clinic “is unpersuasive, because a reasonable viewer could certainly have understood the documentary as a whole to be an endorsement of Sly’s claims.” The ruling was not a total victory for Howard and Zimmerman, however, as the judge did dismiss claims related to a related news article about the documentary, as well as all claims against one of the Al Jazeera employees, an undercover investigator. Since the airing of the documentary, the clinic employee has recanted his statements.
    • Athlete financial adviser: 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. He could spend as many as twenty years in prison and owe a fine of as much as $250,000, plus restitution to Duncan. Duncan filed a separate civil lawsuit against the advisor, which was stayed pending the resolution of the criminal action.
    • NFL streaming: The NFL and Amazon have reached a one-year agreement, reportedly valued at $50 million, that grants Amazon the exclusive streaming rights for ten of the NFL’s Thursday night games in 2017. Last year, the NFL partnered with Twitter on a streaming deal for the Thursday games reportedly worth $10 million.
    • NFL fax machine: A court has preliminarily approved a settlement in a case involving a claim that the Tampa Bay Buccaneers violated federal law by faxing unsolicited advertisements for game tickets to local businesses in 2009 and 2010. Final settlement payout numbers are not yet available, but, in the meantime, we can ask: did the faxes work?
      bucs home attendance

Sports court is in recess.

Sports Law Roundup – 3/3/2017

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.

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

  • Football head injuries: Two former Purdue football players have sued the NCAA and the Big Ten Conference, seeking class-action treatment for their claims that those defendants failed to disclose information about head-trauma risks and provide the university with concussion-management policies. Both named plaintiffs allege that they currently suffer from depression, memory loss, and headaches as a result of concussions experienced while playing football in college.
  • Professional athlete Ponzi scheme: Last year, a banker pleaded guilty to conspiracy, wire fraud, and money laundering in connection with a Ponzi scheme she ran with former NFL player Will Allen designed to defraud investors with a plan to make loans to professional athletes seeking offseason financing when they weren’t receiving payments from their team salaries. On Wednesday, a court sentenced the banker and Allen each to six years in prison for their roles in the criminal scheme.
  • Baseball DUI: A South Korean court has sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence is Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms.
  • Rams fans: Last year, St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles requested class-action status for their case. Having consolidated various of these cases, the judge now has ordered the parties to mediation.
  • Penn State child abuse: Earlier this year, 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 month, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the court has denied those appeal petitions, clearing the way for the trial to begin as scheduled on March 20. (Last week, the judge granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants.)

Sports court is in recess.

Sports Law Roundup – 2/24/2017

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.

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.

Sports Law Roundup – 2/17/2017

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.

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

  • Baseball human trafficking: The federal criminal trial began this week in Miami in a case in which an agent and trainer were indicted for their alleged roles in a smuggling network designed to move baseball prospects from Cuba into the MLB system.
  • Boxing non-fight fight: Boxer Alexander Povetkin sued fellow heavyweight Deontay Wilder after the latter withdrew from the pair’s scheduled fight last May following the former’s positive test for meldonium, the same banned substance for which Maria Sharapova was banned from tennis competition. This week, a jury returned a verdict in Wilder’s favor, but Povetkin’s attorney wants to keep fighting, alleging that Wilder’s lawyer engaged in “gross and extensive misconduct” during the litigation and implying that he would seek a mistrial.
  • NFL turf: In what the Houston Texans are calling “a case of first impression,” former NFL linebacker Demeco Ryans is suing the team for damages arising out of an alleged career-ending, noncontact Achilles tendon injury Ryans says he suffered when he landed on a seam in the turf while playing in a game against the Texans as a member of the Philadelphia Eagles. Ryans is seeking $10 million, but the Texans say the court should dismiss the case because the NFL collective bargaining agreement preempts his claims. Ryans is hoping to avoid CBA preemption by relying on a prior case involving Reggie Bush, in which Bush injured himself after running out of bounds and slipping on a concrete surface surrounding the field during a game in St. Louis. In Bush’s case, the court ruled that the CBA did not apply, since the injury happened outside the field of play. Ryans’ lawsuit, the Texans highlight, deals with the in-bounds playing surface itself, which, the team argues, is a critical distinction that renders the Bush case inapplicable.
  • Lance Armstrong fraud: A False Claims Act lawsuit against Lance Armstrong will proceed after a judge’s ruling on various motions this week. The case involves allegations that Armstrong, while lying about his doping practices, received millions of dollars from the federal government in connection with his cycling team’s sponsorship by the U.S. Postal Service. Although the government’s case can go forward, Armstrong’s side will be able to argue in mitigation that the government’s benefit from the sponsorship reduces the amount of financial harm it actually suffered.
  • Student-athlete scholarships: Last week, we mentioned a settlement agreement under which the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by alleged athletic scholarship caps. Now, one of the plaintiffs, former USC linebacker Lamar Dawson, has objected to the settlement, which requires court approval before it’s finalized. Dawson’s concern is that the settlement includes a release of certain labor law claims that were not litigated in that particular case and which he is pursuing separately in a wage-and-hour lawsuit against the NCAA.
  • NBA fan app: A court partially dismissed a fan’s lawsuit against the Golden State Warriors, ruling that, although the fan had alleged facts sufficient to show that she had suffered an actual injury as a result of the team’s smartphone app’s alleged secret recording and capturing of her private communications, she had not stated a claim for relief under the federal Wiretap Act because she had not shown how the team intercepted and used her communications. The judge is allowing the fan the opportunity to amend her complaint.
  • Tennis commentator: After ESPN fired him in connection with an on-air remark about Venus Williams during this year’s Australian Open broadcast, Doug Adler, who worked for the network for nearly a decade, has filed a wrongful-termination lawsuit against his former employer, alleging that he was dismissed for saying something he never said. While some heard Adler use the word “gorilla” in reference to Williams, he maintains that he used the word “guerrilla” in describing her approach during the match he was broadcasting. Thanks to the magic of the internet, you can render your own judgment after viewing the clip here.
  • 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. The trial is supposed to begin next month, but the three defendants are attempting an immediate appeal of the ruling that they must face trial, arguing that a two-year statute of limitations bars the charges, and that Pennsylvania’s child-endangerment laws don’t apply to officials in their positions. In other news, Sandusky’s son, Jeff, has himself been charged with sexually abusing a child.

Sports court is in recess.

Sports Law Roundup – 2/10/2017

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.

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

  • Wrestling ban: Last week, the Iranian government announced that it would not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month, in retaliation for President Trump’s executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries. Now, Iran has lifted that ban, saying it will grant visas to the U.S. wrestlers in light of American judicial orders temporarily halting enforcement of the executive order.
  • Student-athlete scholarships: The NCAA, Pac-12, Big XII, Big Ten, SEC, ACC, AAC, C-USA, MAC, MWC, WAC(!), Sun Belt Conference, and a group of student-athletes settled monetary claims in their antitrust dispute for $208.7 million. The suit targeted caps on athletic scholarships. Under the settlement, the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by the caps between March 2010 and the present.
  • Football painkillers: In a case we have been watching (here and here) between the NFL’s teams and a group of former players alleging improper dispensation of painkillers, the judge dismissed many of the players’ claims, including all of their claims against twenty-four of the league’s thirty-two teams. At this time, some claims remain pending against the Lions, Vikings, Packers, Raiders, Broncos, Seahawks, Chargers, and Dolphins.
  • Hockey head injuries: Last month, the NHL asked the judge overseeing a head-injury lawsuit between the league and a group of former players to issue an order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Unsurprisingly, the Center now opposes that request, because disclosing the information would violate the privacy of its research subjects, “impos[e] a burden on the center that will functionally prevent it from conducting any work, and creat[e] a chilling effect on research in this field.”
  • Football head injuries: Former NFL player Brian Urlacher sued a hair-restoration clinic alleging unauthorized use of his likeness in advertisements.
  • Athlete advisor fraud: Brian J. Ourand, who worked as a financial advisor to athletes, including Mike Tyson and Glen Rice, admitted stealing over $1 million from his clients and pleaded guilty to federal wire fraud charges.

Sports court is in recess.

Super Bowly Preview

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You’ve heard all the go-to Super Bowl “storylines” 1,000 times by now, including the one about how everyone playing in the game used be on the Cleveland Browns or something. With less than an hour to go until kickoff (6:30 pm, FOX), here are a few appetizers before we all get into the heavy stuff:

#Jimbo

A post shared by Pardon My Take (@pardonmytake) on

  • No Super Bowl preview is complete without a season recap from the folks at Bad Lip Reading:

People have to understand: I felt like it was my fault, like it was my responsibility, that the Falcons franchise had been set back. And if Matt had been a bust … then my guilt over the harm I’d caused the city would have only grown worse. So, yeah, I’m human. It hurt when the Falcons drafted Matt. And for a while there, for sure, I was envious of Matt’s position. But Matt being such a success — that’s been a joy for me. For me, that’s been relief. It’s been peace of mind.

And the same thing goes for this MVP season of his (he’s got my vote), and this amazing Super Bowl run (I’ve got the Falcons winning, 23–16). Joy, and relief, and peace of mind. And that’s what I mean, when I say that Atlanta is family. Family isn’t just about when it’s good for you, or when it’s convenient, or when the love comes easy. Family is about when the love comes no matter what.

  • Rembert went to Houston and found all the Falcons fans in town for the big game:

  • The strongest and rightest take:

Enjoy the game!