Sports Law Roundup – 3/31/2017

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:

  • Penn State child abuse: The criminal trial of former Penn State University President Graham Spanier, who was charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program, concluded with a jury verdict convicting Spanier of a single misdemeanor count of child endangerment. The jury, which deliberated for two days, declined to convict on the conspiracy charge. Spanier’s attorney immediately indicated an intent to appeal the verdict. Albert Lord, a PSU trustee, responded to the news of Spanier’s conviction by writing that he is “running out of sympathy” for Sandusky’s “so-called” victims.
  • Baseball fan injuries: The Cleveland Indians prevailed in a lawsuit filed by a fan struck in the face by a foul ball. The Ohio court adhered to the “Baseball Rule,” which holds that people who choose to attend baseball games assume the risk that they will be struck by flying bats and balls and therefore cannot sue teams when they are injured in such an incident. The plaintiff argued that his case presented distinguishing factual circumstances: he alleged that stadium ushers ordered him to leave his seat during play in the bottom of the ninth inning in advance of a fireworks show, such that his back was to the field when the batter hit the ball that eventually hit him in the face when he turned back to look at the field. Conflicting evidence on the timing and nature of the ushers’ instructions seems to have damaged the fan’s case, however.
  • Hockey labor agreement: The U.S. women’s national hockey team and governing body USA Hockey agreed to a confidential four-year labor deal centering around player compensation and support programming. The agreement negates the need for a planned player boycott of the International Ice Hockey Federation World Championship, which begins today. A predominantly female team of attorneys from Ballard Spahr represented the players on a pro bono basis. In disappointing related news coming just one day after the new agreement, however, the University of North Dakota announced that it is cancelling its women’s hockey program, which has been an important feeder to the national team.
  • Hockey head injuries: Pretrial disputes over document discovery continue in the head-injury lawsuit between the NHL and a group of former players. Previously, those disputes focused on research documents from Boston University’s CTE Center. Now, however, the court has dealt a victory to the players by publicly releasing certain internal NHL communications and other documents. An early review of the now-public documents already has revealed one seemingly damning email from a team doctor lamenting “situational ethics” in the context of concussion management: “We all sit around and talk and talk about concussion management. Then it’s the playoffs, someone suffers an obvious loss of consciousness and is back playing in less than 48 hours. . . . We must be [the player’s] advocate regardless of what the coach or general manager thinks.” Another email, from NHL Commissioner Gary Bettman, expressed disappointment with a former referee’s public criticism of the league’s hard-hit discipline policy, writing, upon being informed that the former official still was receiving severance pay from the NHL, writing that “maybe he should understand it’s not nice to bite the hand that feeds you. Please have someone check to see if there are any grounds to withhold. Don’t want to hurt him – maybe just get his attention.” Other communications evidence what appears to be the NHL’s willful refusal to acknowledge or examine the issue of concussions in sports.
  • Baseball DUI: Earlier this month, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was 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. Initially, observers believed Kang would be able to return to the United States to rejoin his team for the 2017 season. He has missed all of spring training, however, and it appears he is having difficulty securing a visa to reenter the U.S., placing his season with the Pirates in jeopardy for the moment.
  • Student athletes: A federal judge has rejected a proposed class-action lawsuit filed by two former University of North Carolina student athletes against the school, which alleged that UNC pushed them into a “shadow curriculum” of “bogus courses,” which led to “a systemic failure to properly educate college athletes,” because, the judge explained, the court did not have jurisdiction over the case. In general, there are two ways a plaintiff may invoke the jurisdiction of a federal court: 1) allege a claim raising a question of federal law or 2) sue a “diverse” party (i.e., a defendant who is a resident of a state other than the one in which the plaintiff resides) on claims for which at least $75,000 is at stake. Here, the plaintiffs’ claims raised state-law questions, so the first jurisdictional path was unavailable. As for the second, while the plaintiffs are not citizens of North Carolina, theoretically setting up a “diversity” situation with UNC, the judge determined that the university is a component of the North Carolina government and thus not a citizen of any state for purposes of the federal jurisdictional analysis. The judge dismissed the case without prejudice, meaning that the plaintiffs should be able to refile in state court, although it now appears they likely will face sovereign-immunity challenges should they proceed down that route.

Sports court is in recess.

Red Wings playoff-appearance streak ends after 25 years

89 wings

A 4-1 loss to Carolina last night mathematically eliminated the Detroit Red Wings from playoff contention, meaning that this spring will be the first since 1990 that the team has not played in a postseason game. There is everything and nothing to say about this fact, which signals the end, after twenty-five years, of what was the longest-active postseason-appearance streak in professional sports. Continue reading

All Wings Must Pass: As an era comes to an end in Detroit, there’s stories to share (via Sports Illustrated)

Want a beer?

Go ahead. Al just fired up the grill. O.K., technically it’s a reconfigured old nacho stand, not a grill. And officially Al Sobotka is the building operations manager, not a cook. But nobody here cares about that stuff. Al fills it with charcoal and holds a cookout in the arena a few times a year. Yes, cookouts inside an NHL arena. But the Joe is not just any arena, you see. It’s a … well … the right word is probably …

Dump? 

Hey, now. Be nice. Sure, it is kind of a dump. The concourses are too narrow. The restrooms are too few and therefore too crowded. The whole place looks as if it was built after somebody cut the budget in half. Who builds a riverfront arena with no windows? But it has the best sight lines in the NHL and all sorts of accidental character. You’ll be amazed at how many people will miss this place when it closes this spring. Grandmothers will get misty. Grown men will cry into their beer.

Speaking of beer….

Oh, right. Grab one from the stack, right there by the Zamboni. The delivery trucks leave it there because there is no place else to put it. There is only one loading dock, and it’s not sealed off like in those new sporting palaces. That’s why, whether you show up for a morning skate or an evening playoff game, the first thing that hits you is the unmistakable stench of beer. It never goes away. Joe Louis Arena always smells as if it hosted a party that lasted way longer than anybody had expected … which, in a way, it has.

The Detroit Red Wings have made the NHL playoffs every season since 1990–91. The streak, the third longest in pro sports history, has survived four league work stoppages, five presidential administrations, radical NHL rules changes, the influx of European talent and the advent of a salary cap. When it started, Gary Bettman worked for the NBA, where people were wondering if -Michael Jordan would ever win a champion-ship. Peyton Manning was a high school freshman. You could walk into Sears and buy a black-and-white TV, then watch news reports about the Soviet Union, which still existed.

This tastes like chicken sausage.

Well, that’s because it is chicken sausage. Al stopped grilling Italian sausages when NHL players got nutrition-savvy. Anyway, dig in. We’ve got stories to share. … Read More

(via Sports Illustrated)

The best of his kind: Farewell to Mr. I

bn-sb475_ilitch_j_20170210193600

On Friday afternoon, Mike Ilitch, the owner of the Detroit Red Wings and Tigers, died at the age of eighty-seven. He was a Marine, a minor-league baseball player, and the founder of the Little Caesars pizza chain. In 1987, he bought the Red Wings, and he took over the Tigers (from pizza rival Tom Monaghan, of Domino’s) in 1993. He also rejuvenated the city’s Fox Theater and, much more quietly, paid for Rosa Parks’ housing for the last ten years of her life.

With the Wings and Tigers, Ilitch took over teams with great legacies that had fallen on hard times and built them into championship contenders by doing exactly what every fan hopes the owner of his or her favorite team would do: invest in the team with the goal of winning as much as possible as soon as possible. The results at Joe Louis Arena were unambiguous: four Stanley Cups and some of the best hockey teams ever assembled. While the Tigers couldn’t quite make it to the mountaintop, they have enjoyed a decade or more of top-tier competitiveness that included two World Series appearances, the first of which, in 2006, came just three years after the team lost 119 games.

Ilitch remained committed to his teams, and to his city, through thick and thin. Neil over at New English D recalls one of the more memorable examples of that commitment:

The defining moment will always be the beginning of the 2009 season. The Great Recession had rocked the auto industry and two of the city’s Big Three automakers had to be bailed out by the federal government to survive. General Motors had previously sponsored the center field fountain at Comerica Park but were in no position to spend a couple million dollars on advertising. Rather than selling the space to another company in some other industry, Ilitch put all three logos on the fountain with the message “The Detroit Tigers support our automakers.”

Things were dire around the country but especially in Detroit. The Tigers themselves were feeling squeezed due to decreased ticket sales and surely could have used the capital. In fact, that offseason they traded Curtis Granderson in part because they needed to trim payroll. A city that was once the engine of the American Century was teetering on the brink, but in that moment, Ilitch wasn’t thinking about the ad space. He was thinking about the organization’s role in the community. It’s responsibility to the community, even.
. . .
I have no idea if the free space actually helped the industry recover, but symbolism mattered. Mike Ilitch did right by his city not just when it was easy and when it made him wealthy, but also when things were tough.

As Mike Ilitch’s health waned in recent years, indications have emerged that his son, Chris, was taking on a larger role in the teams’ ownership, and there was some suggestion that Chris might have been behind the Tigers’ moves toward austerity that began with the unceremonious midseason departure of former GM Dave Dombrowski in 2015. It seems unlikely that Chris will continue his father’s free-spending ways, but, beyond that, there’s little public information to inform a prediction about the leadership style of the younger Ilitch.

Maybe it was because he was a self-made man, rather than an inheritor of wealth. Maybe it didn’t matter how he came to be in a position to own two professional sports franchises. From the fans’ perspective, it didn’t matter. What did matter was that Mike Ilitch loved his teams and his city and sought to do right by both by being the ideal team owner, someone who owned teams and financed them for success because sports are supposed to be fun. Today, teams are owned by conglomerates, publicly traded companies, and Wall Street ownership groups that, as often as not, seem to have priorities other than winning. To the extent he was of a kind, Ilitch may be one of the last of that kind, and his generosity will be missed.

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.

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 – 1/20/2017

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:

  • Hockey head injuries: In a discovery dispute in a case between the NHL and over one hundred former players alleging that the league knew or should have known that concussions can lead to CTE, the NHL filed a motion seeking a court order compelling Boston University’s CTE Center to turn over research documents the former players say constitute evidence supporting their claims. Thus far, BU, which “maintains what it calls the largest brain repository in the world dedicated to the study of CTE,” had refused to provide the league with the requested information on confidentiality grounds.
  • Atlanta Braves Community Fund: A lawsuit alleges that, since at least 2010, the Atlanta Braves have failed to make adequate payments to a nonprofit entity known as the Community Fund as required under the team’s contract with the city (technically the City of Atlanta and Fulton County Recreation Authority) for Turner Field. That contract required the Braves to pay specified shares of revenue from both baseball and non-baseball events at Turner Field to the Community Fund, which now claims that the team underpaid in violation of that contract. The Braves played their final game ever at Turner Field last October.
  • Beatles’ declaration worth many pennies: Since we’re thin on sports law stories this week and sometimes cover music on this site, here included is comment on Paul McCartney’s recent lawsuit seeking a declaration that his prior exercise of certain rights under copyright law will not cause a breach of publishing agreements with Sony. McCartney is hoping to gain control of the rights to songs he wrote prior to 1978 but fears retribution from Sony, which could not provide “clear assurances he won’t face contract troubles for taking back his songs.”

Sports court is in recess.

Daily fantasy sports site argues that DFS is illegal in attempt to escape advertising contract

12191006_1653140414960582_1741651925404586376_n

Draft Ops was a daily fantasy sports (“DFS”) website, like FanDuel and DraftKings, that used to be the “official fantasy partner” of a number of sports teams and media outlets, including the Minnesota Wild. Last spring, the Wild sued Draft Ops, alleging that the site owed the team $1.1 million pursuant to an agreement that allowed Draft Ops to use the Wild’s name and logo in advertising materials.

In a creative, if risky, attempt to avoid its contractual obligations to the Wild, Draft Ops argued that the agreement was void because, it further argued, DFS constituted illegal gambling in Minnesota. After years of litigation and lobbying by DFS operators to expand and protect the legality of their enterprise, it is fairly remarkable to see a DFS site argue that its business is illegal.

On the other hand, if any DFS site was going to turn state’s evidence, it makes sense it’d be one like Draft Ops, which appears to be out of business, filed for bankruptcy last week, and is more concerned about how it’s going to make good on the $1.1 million it allegedly owes the Wild than it is about the ongoing viability of the business model.

Draft Ops hit a roadblock in the Minnesota case last week, though, when the judge allowed the case to proceed, explaining that it was not clear that DFS was illegal under Minnesota law, and that, even if DFS clearly was illegal in the state, there still could be grounds on which the court could enforce the contract, which, the judge noted, was a sponsorship and advertising contract, not a gambling contract.

If this strategy sounds familiar, that’s because it essentially is the same one people who lost money playing DFS tried in lawsuits they filed against the DFS sites themselves last year.

_________________________________________________________

Related
DraftKings and FanDuel finally announce inevitable merger agreement
Lose money playing DraftKings or FanDuel? File a lawsuit.

Sports Law Roundup – 12/9/2016

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:

  • College football defamation: On Thursday, former Baylor head football coach Art Briles sued three Baylor regents and the university’s senior vice president and CEO claiming that they defamed him by stating that he had knowledge of sex crimes reportedly committed by his players and failed to provide that information to proper authorities. In addition, Briles alleges that the officials sought to prevent him from securing another coaching position elsewhere. He also included a claim for intentional infliction of emotional distress, and, in total, seeks unspecified damages in excess of $1,000,000. Here is a picture of Briles’ longtime attorney, Ernest H. Cannon, riding a horse at a rodeo.
  • Football player suspension challenges: In related stories covered in this space last week, two NFL players represented by the same Ohio law firm launched collateral attacks on the NFL/NFLPA collective bargaining agreement targeting alleged procedural deficiencies in the suspension-appeal process after both were suspended for drug violations. The NFL and NFLPA now have taken action in one of those cases by appointing a third arbitrator to hear a rescheduled appeal by Green Bay Packer Mike Pennel. The absence of a third arbitrator is central to the claims Pennel raised in the lawsuit he filed in Ohio federal court. In connection with that suit, Pennel also sought a temporary restraining order, which the responsive actions by the league and union were designed to moot. On Tuesday, Pennel agreed to drop his lawsuit in exchange for a reduction– from ten games to four– in his suspension, which will allow him to play in the postseason should his Packers secure a playoff berth. (Pennel’s attorneys also represent Philadelphia Eagle Lane Johnson, who filed similar complaints with the National Labor Relations Board and U.S. Department of Labor around the same time Pennel filed his lawsuit.)
  • Student-athlete classification: The United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The trial court granted a motion to dismiss the defendants– the NCAA, Penn, and more than 120 other NCAA member schools– filed, and the appellate court affirmed. The court agreed that dismissal as to the non-Penn defendants was appropriate because of a lack of standing; the plaintiffs had attended only Penn and had no basis to recover wages from any school they didn’t attend. The court also agreed that dismissal was appropriate as to Penn, because the plaintiffs had failed to state a claim for relief from Penn. Noting the “revered tradition of amateurism in college sports” and the weight of judicial and regulatory precedent holding that student-athletes are not employees, the court concluded that the FLSA does not apply to student-athletes. While many disagree with this outcome, it is consistent with the original meaning and purpose behind the “student-athlete” designation. (In a concurring opinion, Judge Hamilton cautioned against broad application of the court’s decision, noting that the plaintiffs participated in a non-revenue sport– track and field– for a school that does not offer athletic scholarships, and suggested that he might have voted differently had the plaintiffs been student-athletes on athletic scholarship in a revenue sport.)
  • Hockey head injuries: A group of former NHL players suing the league for its alleged failure to warn them of known risks of head trauma now have requested class certification in that case for two classes of former players based on the different measures of relief sought: damages for those already diagnosed with neurological injuries and medical monitoring for others. Attorneys from a number of large law firms, including Skadden Arps Slate Meagher & Flom, are representing the NHL in this case. Skadden is the anchor tenant in a new commercial real estate development in Manhattan that also will be home to the NHL’s offices when it opens in 2019.
  • Minor League Baseball lobbying: MiLB has created a political action committee in order to boost lobbying efforts. The impetus for this move likely is the class-action lawsuit minor-league players filed alleging that their compensation violates federal wage and hour laws and the leagues’ attempt to snuff out that suit by way of congressional action. The proposed Save America’s Pastime Act would create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections. There has been essentially no action on the bill since Rep. Brett Guthrie of Kentucky introduced it in June, leaving plenty of time for MLB to say dumb things about it.
  • Soccer ban: The Court of Arbitration for Sport denied former FIFA president Sepp Blatter’s request to overturn his six-year ban from all national and international soccer-related activity and fine of 50,000 Swiss francs for his involvement with bribes and kickbacks during his leadership of FIFA.
  • Canadian Super Bowl commercials: There is a thing in Congress called the House Northern Border Caucus, and four of its members, representing districts in North Dakota, New York, and Washington, sent a letter asking the Canadian government to reverse its decision to block Canadian advertisers from running commercials on the Canadian broadcast of the Super Bowl. Canadian broadcasters used to have an agreement with the NFL that allowed Canadian commercials on the Canadian broadcast of the game, but, in 2015, Canadian regulators changed course in response to viewer demands to see the popular American commercials that run during the game. Canadian broadcasters and advertisers and the NFL, which is losing out on Canadian advertising revenue as a result, all oppose that change. The company that holds the Canadian broadcast rights to the Super Bowl, Bell Media, also has sued the regulatory body in an attempt to reverse the policy.
  • Hockey logo: Things are off to a rough start for Las Vegas’ first major professional sports team after the U.S. Patent and Trademark Office denied the Golden Knights’ registration application, citing a “confusing[] similar[ity]” to a mark registered by the College of Saint Rose. Arguable visual similarities aside, I didn’t even know there was a Saint Rose, much less a College of Saint Rose, and I certainly didn’t know the school’s mascot is the Golden Knights, and neither did you, which means that, however similar these marks might be, the likelihood of confusion here is very low. This likely is little more than another instance of the USPTO seeking a moment in the sports sun.
  • Gambling: The nation of Antigua and Barbuda has issued a threat to the United States if the U.S. does not meet a year-end deadline to comply with a 2003 World Trade Organization order ruling that American online sports betting and gambling laws violate international law. If the U.S. does not comply with the WTO order, which also carries an annual noncompliance penalty of $21 million and has accrued to over $250 million, Antigua and Barbuda intends to suspend intellectual property protections for Americans, effectively permitting Antiguans to establish websites hosting royalty-free downloads of American IP (e.g., books, music, movies, television programming, etc.).
  • Baseball ambassador: Bobby Valentine, former MLB player and manager of the Mets and Red Sox, reportedly is under consideration by president-elect Donald Trump for the position of ambassador to Japan. Valentine, who currently serves as athletic director at Sacred Heart University, is popular among Japanese baseball fans thanks to two successful stints as manager of a professional baseball team there.

Sports court is in recess.

The Red Wings have lost their championship identity

redwings-yzerman-sl-fea

Since the Detroit Red Wings returned to championship prominence in the 1990s following the hiring of head coach Scotty Bowman, the team has been known for its smothering style of play. In this modern golden age, the Wings won four Stanley Cups– 1997, 1998, 2002, and 2008– with legendary rosters, sure, but also by executing a theoretically simple and highly effective strategy focused on puck possession. Two decades before the concept would even begin to emerge in public hockey analysis, Bowman knew that puck possession led to wins.

In recent years, statisticians have made strides in tracking possession, something I’ve written about here a few times before:

A quick refresher on hockey’s new statistics: puck possession correlates more strongly with winning than do things like goals or shots; measuring possession in a fluid game like hockey is difficult; as a practical solution, Corsi and its less-inclusive sibling, Fenwick, are statistics that track certain, more easily measured events (all shots, including on-goal shots and missed shots, and, in Corsi’s case, blocked shots), thereby serving as proxies for possession and, therefore, indicators of team success. Once you get past the names (as the NHL is in the process of doing), the concept is simple.

The earliest season for which Corsi is available is the 2007-08 season. Fortunately for purposes of this post, that’s the last year Detroit, under the guidance of the Bowman Administration’s successor, Mike Babcock, won the Stanley Cup. Anecdotally, Babcock followed in Bowman’s possession-oriented footsteps, and the statistics agree: the Wings led the league by a wide margin.

cf-2008

Today, though, things are different. Sure, Detroit hasn’t missed the playoffs since 1990, but it’s going to be another uphill climb to keep their historic streak alive, with current projections giving them just a 22.5% chance of earning a postseason berth. (Only three teams have worse odds right now.) It isn’t looking good.

Unsurprisingly (as a factual matter, anyway), puck possession has fallen off steeply this year, as compared with that last championship season. Here’s the same chart shown above for 2016:

cf-2016

Under Jeff Blashill, Babcock’s successor, these really aren’t the same Red Wings. Here’s a broad visual of how well the team has controlled the puck during all seasons for which Hockey-Reference has Corsi data:

cf-2007-16

The season isn’t yet half over, thankfully, but there is a lot of catching up to do if the team wants to leave its hallowed home on a positive note before making the move to the Hot-n-Ready Center next season.

________________________________________________________

Related
Taking a pass on new hockey statistics
Bouncing puck: Passing, not shooting, is the key to scoring on the ice and the hardcourt
More on passing data and the shot quality debateHockey Prospectus
There’s no such thing as advanced sports statistics