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.

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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 – 1/13/2017

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:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

How to put an end to the dark side of the Olympics (via The Volokh Conspiracy)

The Olympics are a great sports event. But they also cause great harm. Host cities routinely lose enormous amounts of money on the games, and end up with decaying stadiums that have little or no value. Even worse, governments often forcibly displace large numbers of people from their homes and businesses in order to make room for Olympic venues. Over 1 million people lost their homes for the 2008 Beijing games alone. Brazil has similarly evicted large numbers of people for the currently ongoing Rio Olympics, and even more to build stadiums for the 2014 World Cup. Most of those evicted are the poor and people lacking in political power. The Olympics also often become propaganda showcases for authoritarian regimes, as happened win the 2008 Olympics in China, and the 2014 Winter Olympics in Sochi, Russia. In an earlier era, the the same problem arose on an even more egregious scale with the 1936 Olympics in Nazi Berlin, and the 1980 games in the Soviet Union.

None of this has to happen. We can reform the Olympics to put an end to it. … Read More

(via The Volokh Conspiracy)

The fight in Claressa Shields (via ESPNW)

During the 2012 London Olympics, Claressa Shields stood in the ring, stone-faced and focused. Her opponent was tough, but was not nearly as tough as the obstacles Shields beat to get to this very moment. With every jab, every uppercut, every blow, Shields thought about why she needed to be triumphant. She needed to win for herself and her hometown of Flint, Michigan. Most importantly, she needed to win for her family.

It was a tall order for the then-17-year-old, but just as she was in the challenges before, Shields was tenacious in her quest for victory. The first American woman to win Olympic gold in boxing is a title anyone would be proud of, but the lack of attention — as well as endorsements — she received upon her return was disheartening. Unbowed, Shields remained hungry. With her insatiable appetite and support from friends and family, the 21-year-old will return to the ring at the 2016 Rio Olympics hoping to become the first female boxer to win back-to-back Olympic gold medals. From 2012 to 2016, photographer and filmmaker Zackary Canepari documented Shields’ Olympic journey. Here is how her story unfolded. … Read More

(via ESPNW)

ALDLAND Podcast

Hello ALDLAND listeners, its the ALDLAND Podcast team, and we have quite the episode for you this week. Lip service is paid to the end of the Olympics and Canada is blamed for things that are assuredly their fault. If that’s not enough, your two favorite co-hosts get deep into discussing the NCAA tournament bubble.

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

ALDLAND Podcast

Few things call for a special emergency ALDLAND Podcast, but the US playing Canada in hockey is one of them. Join your two favorite cohosts and a special guest as we run down why the United States of America is the best country ever and why Canada comes up short. For real though, we love Canada and our Canadian readers/listeners. Just not today. Or tomorrow. And you have to give us Neil Young and Rush if we win. Sorry.

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

ALDLAND Podcast

The ALDLAND Podcast is switching up topics this week, as we get to extensive Olympic coverage, ranging from breakout stars to favorite sports to an unfortunate lack of trash talk between Olympians. The Champions League is also in action and your two favorite cohosts are here to break down the early results and upcoming matchups.

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

ALDLAND Podcast

What an exciting time in sports! The Super Bowl has just concluded and the Olympics are kicking into gear. And that’s not even including tonight’s lead story, which is the most exciting sports thing to happen since ever. And it’s not all just sports tonight. There is also extensive discussion of Sochi bathroom hypotheticals. So plug those headphones in and press play.

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

Socializing endurance athletics

The Wall Street Journal has a sports section, something that came along with, or at least greatly expanded following, News Corp.’s takeover of the paper in 2007. It’s sort of what you might expect: a mixed-bag of quality in writing and presentation with more emphasis on tennis and sailing than other sports pages. It features writing from some really smart, talented people like Jason Gay and, formerly, David Roth (of Classical fame and now in an expanded role at SB Nation), and we try to feature those smart articles on this site. Because the paper doesn’t have to uphold a reputation as a source for sports– the move to expand sports coverage appears to be aimed at increasing website clicks– its “sports writers” might be more likely to come to their sports articles with varying backgrounds and varying levels of commitment to the sports world. Once in a while, it even feels like the WSJ’s editorial board drops in on the sports section, and that’s the feeling I had when I read last week’s article about running.

A “generational battle is raging in endurance athletics,” the article announces. “Old-timers are suggesting that performance-related apathy [exists] among young amateur athletes,” which “helps explain why America hasn’t won an Olympic marathon medal since 2004,” among other things.

There are numbers that support the conclusion that “kids these days [are] just not very fast.” At this year’s Chicago Triathlon, for example, older runners, as a group, did better than younger runners. Younger American runners are not surpassing older ones in world competition.  Continue reading