Sports Law Roundup – 3/10/2017


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:

  • NCAA transfer rules: A federal trial judge has dismissed a claim by a former Northern Illinois punter, who alleged that the NCAA rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. That judge rejected an identical claim by a former Weber State football player last fall. Meanwhile, a similar suit filed by a former Northwestern basketball player remains pending in a different court.
  • Minor League Baseball wages: In a significant victory for minor-league baseball players who are suing MLB for higher wages and overtime pay, a judge has granted the plaintiffs’ request for class certification, though on a narrower scope than initially requested. Part of the revision in the class definition included a removal of the players’ claims for compensation for offseason training. The certified class covers all players who played in California League, instructional league, or spring training (included extended spring training) games since February 7, 2011, and who had not previously signed a Major-League contract. In addition to fighting these claims in court, MLB has been pursuing a legislative fix. Late last year, MiLB (MLB’s minor-league component) formed a political action committee that appeared targeted at defeating the players’ lawsuit by supporting the Save America’s Pastime Act, a bill designed to create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections.
  • Arena football labor arbitration: The Arena Football League Players Union has sued the AFL because, the union alleges, the league is improperly holding up a player-grievance dispute. By failing to make a required payment to a labor arbitrator, the union claims, the AFL is preventing the arbitrator from releasing his decision and resolving the grievance. The AFLPU complaint also states that the league has not paid other grievance awards and declined to provide financial information explaining why it has been refusing to make payments owed. Meanwhile, the AFL is embroiled in a separate lawsuit in which a former player has alleged that he has “direct evidence” of the league’s intentional refusal to pay expenses related to the former player’s concussion-related injuries. The former player also has asserted that evidence of his specific targeting by the league for injury exists. The AFL is seeking summary judgment in that case, arguing that the former player must pursue his claims under the applicable state workers’ compensation statute, but the player contends that the evidence of intentional misconduct places his claims outside the workers’ compensation regime.

Sports court is in recess.


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

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

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

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

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


The selfishness of Colin Cowherd’s critique of Dan Patrick
Online sports media critics: When Colin Cowherd starts to make sense, it’s time to reevaluate your approach

2013 college football bowl schedule

Before getting to the 2013-14 college football bowl schedule and associated predictions and operations, a note on sponsored discourse. In this post-Musburger-for-all-the-Tostitos world, it is an unremarkable fact that the bowl games are not merely sponsored football contests but business entities in and of themselves, the sponsorship-style nomenclature– e.g., “the Tostitos Fiesta Bowl”– a mere reflection of the game’s less overtly monied past. Even the ostensible bastion of postseason intercollegiate purity now is known as “the Rose Bowl Game presented by Vizio.”

When a bowl game is a business, and not merely a happening, there is an associated shift in the commercial advertising language referential to that business. The NFL’s decision to prohibit the use of “Super Bowl” by non-league advertisers, who now must offer you late-January deals on new televisions for watching “the big game,” provides a rough analogy.

I understand and accept the logic behind a business’ desire to control its portrayal in other business’ advertisements and insist on inclusion of a game’s full, sponsored title in that portrayal. What I do not understand is why the news media plays along. This week, I heard a local sports talk show talk about talking about Georgia’s appearance in “the Taxslayer dot com Gator Bowl,” and that’s far from the only example. I understand that some of the sponsors have integrated their names into the bowl games’ names in such a way that it’s difficult– or, where the sponsor’s name and the bowl’s name are one and the same, impossible– to say the bowl’s name without saying the sponsor’s name as well (e.g., the Kraft Fight Hunger Bowl and the Capital One Bowl, respectively). “Taxslayer dot com” is a mouthful, though, and everybody already knows the Gator Bowl. “The Rose Bowl Game presented by Vizio” is ridiculous to say, and things like “the Allstate Sugar Bowl,” “FedEx Orange Bowl,” and “Tostitos Fiesta Bowl” simply are superfluous. Why the sports news media feels obligated to append these sponsor names when discussing the bowls is beyond me, and you won’t find us doing it here, unless it’s something humorous like the Beef O’Brady Bowl or the Bowl.

Onto the bowl schedule, which begins this Saturday.   Continue reading

College football bowl schedule released

The full bowl schedule, including times and broadcast networks, is here. Some highlights, in chronological order:   Continue reading