A lesson in comparative hockey violence for Predators fans

After tying the Stanley Cup Final series at two games each on the backs of two emotional, dominant wins at home in the first NHL championship-series games ever played in Nashville, the Predators returned to Pittsburgh hoping to convert their momentum into their first lead in this series. Instead, they fell flat. The Penguins scored three goals in the first period, and three more in the second on their way to a 6-0 shutout victory.

It was a very disappointing night for Predators fans, who reportedly had more people in attendance in Nashville’s Bridgestone Arena to watch the away game on big screens than the number of people who were in the seats at the actual game in Pittsburgh. They certainly were upset with the result of the game, as well as with the way in which the Penguins– Sidney Crosby in particular– played it.

Crosby has been sparring with Nashville’s P.K. Subban throughout this series, but their clashes mostly have played out in the media and off-ice press conferences. Last night, however, things became decidedly physical, peaking with this moment:

Hockey is a contact sport, obviously, and the issue of fighting in hockey is a broader conversation for another day. I think most agree, though, that there is not a place in the game for Crosby’s behavior captured above.

Understandably, Predators fans are incensed and are calling for Crosby to be suspended for his actions. (Crosby also threw a water bottle on the ice in apparent response to what he thought was a missed penalty call against the visitors.) If the league decides to go in that direction, I would not have any objection.

I would remind the Predators fans that their team does not exactly have a clean record in this department, however. Five years ago, hosting their then-division rival Detroit Red Wings in the early rounds of the playoffs, Nashville ended a game-one win in ugly and embarrassing fashion. That night, it was Shea Weber who brutally bashed Hendrik Zetterberg’s face into the boards as time expired:

(In a bit of hockey irony, the Predators later would trade Weber for Subban, the victim of last night’s skull dribbling.)

I know from first-hand experience that Nashville hockey fans are good hockey fans who know the game. They’re justified in directing their anger toward Crosby (welcome to the club!), and I do want them to win the Cup because of what it would mean for the sport; a city I love; and all of my friends there, whether they’ve been on the hockey train or are jumping on now (again, welcome to the club!). All teams have had their dark moments, though, and hockey memories run deep. On the other hand, does it seem like Crosby’s Pens have more such moments than, say, Subban’s Preds? You bet.

Go Perds.

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Sports Law Roundup – 4/28/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a 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 – 3/31/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

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

  • 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

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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

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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

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

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

  • 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

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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.

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