Sports Law Roundup – 4/7/2017

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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:

    • MLB defamation: A judge will allow a defamation lawsuit brought by Washington Nationals first baseman Ryan Zimmerman and former Philadelphia Phillies designated hitter Ryan Howard against Al Jazeera and two of its employees to proceed. The Ryans’ case relates to a documentary that aired on the television network in 2015 that included claims that they were among a group of players who purchased performance-enhancing drugs from an anti-aging clinic. In partially denying the defendants’ motion to dismiss the case, the judge explained that the argument that Al Jazeera and its employees simply were reporting the statement of an employee at the clinic “is unpersuasive, because a reasonable viewer could certainly have understood the documentary as a whole to be an endorsement of Sly’s claims.” The ruling was not a total victory for Howard and Zimmerman, however, as the judge did dismiss claims related to a related news article about the documentary, as well as all claims against one of the Al Jazeera employees, an undercover investigator. Since the airing of the documentary, the clinic employee has recanted his statements.
    • Athlete financial adviser: A former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. He could spend as many as twenty years in prison and owe a fine of as much as $250,000, plus restitution to Duncan. Duncan filed a separate civil lawsuit against the advisor, which was stayed pending the resolution of the criminal action.
    • NFL streaming: The NFL and Amazon have reached a one-year agreement, reportedly valued at $50 million, that grants Amazon the exclusive streaming rights for ten of the NFL’s Thursday night games in 2017. Last year, the NFL partnered with Twitter on a streaming deal for the Thursday games reportedly worth $10 million.
    • NFL fax machine: A court has preliminarily approved a settlement in a case involving a claim that the Tampa Bay Buccaneers violated federal law by faxing unsolicited advertisements for game tickets to local businesses in 2009 and 2010. Final settlement payout numbers are not yet available, but, in the meantime, we can ask: did the faxes work?
      bucs home attendance

Sports court is in recess.

Sports Law Roundup – 11/18/2016

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:

  • Baseball stadium netting: On Wednesday, the trial court dismissed a lawsuit seeking increased fan-safety measures in baseball stadiums, including expanded safety netting behind dugouts and along the foul lines, based on a lack of standing. I previously wrote about this case over at TechGraphs (see here, here, and here), generally discussing the ways in which it– despite the legal weaknesses in the plaintiffs’ position– already was effecting change. Although those legal weaknesses proved to be the downfall of this suit, the court’s ruling was not without its admonitions to Major League Baseball. For example, an early footnote contains this observation: “Why Major League Baseball, knowing of the risk [foul balls pose] to children in particular, does little to highlight this risk to parents remains a mystery.” The order also expressly suggests the possibility that future litigation along these lines may be more availing in other states, where the “Baseball Rule,” which makes it very difficult for fans to recover against baseball teams and leagues, has fallen under attack: “Thus, it is conceivable that, under the right set of circumstances, a plaintiff could obtain the type of relief that plaintiffs seek here. Given the changing nature of both the baseball game experience and the injuries at issue, which are far different from those in 1914, what is a ‘reasonable expectation’ on an ‘ordinary occasion’ is not a static concept.
  • Football painkillers: Attorneys for retired NFL players in a lawsuit against the league alleging that team doctors dispensed painkillers “‘as if they were candy’ regardless of long-term effects” are seeking permission to depose team owners Jerry Jones and Jim Irsay. Outside of football, Irsay, who inherited ownership of the Indianapolis Colts from his father, is known for collecting famous guitars– including Jerry Garcia’s Tiger, Les Paul’s Black Beauty, and Prince’s Yellow Cloud— and having a history of abusing painkillers. The plaintiffs also have amended their complaint to add a RICO claim, which, among other things, introduces the potential for tripling their financial recovery in the lawsuit.
  • NCAA transfer rules: Johnnie Vassar, a former Northwestern basketball player, filed a putative class-action lawsuit against the NCAA, alleging that the rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. Vassar claims that he attempted to transfer from Northwestern but was unable to do so, because all of his target schools only would accept him if he could play immediately. In recent years, Northwestern has emerged as a cradle of anti-NCAA legal activity.
  • Triathlon death: A wrongful death claim brought in connection with the drowning death of a competitor in the 2010 Philadelphia Triathlon cannot proceed, a Pennsylvania appellate court ruled, concluding that the triathlete knowingly and voluntarily assumed the risk of participating in the event when, in the course of registering for it, he executed a detailed liability waiver.
  • Cuban baseball-player smuggling: In a federal criminal case against a sports agent accused of conspiracy to smuggle Cuban baseball players into the United States, the government has listed numerous professional players, including Yoenis Cespedes and Jose Abreu, as trial witnesses. For more on this general subject, ESPN The Magazine’s feature on Yasiel Puig is a must-read.
  • Boxing fraud: The defendants– Floyd Mayweather, Manny Pacquiao, HBO, Top Rank, and others– in twenty-six lawsuits alleging that they improperly concealed Pacquiao’s shoulder injury leading up to the fighters’ 2015 bout in order to boost pay-per-view sales admitted that the plaintiffs– fans and bars– had standing to pursue their claims, even as the defendants denied that those claims had any merit.
  • Gambling: West Virginia, Arizona, Louisiana, Mississippi and Wisconsin are asking the United States Supreme Court to review a Third Circuit decision rejecting New Jersey’s attempt to open up sports gambling in its state. The five states, together, filed an amicus brief in support of New Jersey’s cert petition (formal request that the Supreme Court allow them to appeal the Third Circuit’s ruling), arguing that the manner in which Congress has regulated sports gambling is unconstitutional and threatens the balance of power between the federal and state governments. In an unrelated story, daily fantasy leaders FanDuel and DraftKings announced a merger agreement this morning.
  • Secondary football ticket market: Under pressure from state regulators, the NFL agreed to end its league-wide imposition of a price floor on game tickets sold on the secondary market that had prevented the resale of tickets at prices below face value. The agreement does not apply to tickets for the Super Bowl and Pro Bowl, nor does it prevent teams from acting “unilaterally” to enforce price floors, meaning that the practice could continue.
  • Campus police records: The Indiana Supreme Court affirmed a trial court’s dismissal  of ESPN’s lawsuit seeking the University of Notre Dame Police Department’s incident reports involving student athletes, deciding that the ND Police Department is not a “public agency” and thus cannot be compelled to produce the requested materials under the state’s open records law.

Sports court is in recess.

Belated welcome to the 2016 NFL season

We probably aren’t going to have weekly wrapups this season, but I am kicking myself for forgetting to post this 2016 NFL season introduction. Even though Week 1’s already in the books (go Lions), this is too good not to share:

Continue reading

Detroit Red Wings closing in on 2016 NHL playoffs, upholding historic mantle

It’s that simple. After a very big shutout win last night over the Flyers in Detroit, the Red Wings go on the road tonight in Boston with the opportunity to extend the longest active playoff streak in all of professional sports.

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The Bruins, Flyers, and Red Wings are fighting for the Eastern Conference’s two remaining playoff spots. Detroit and Boston each have two games left, including one against each other, while Philadelphia has three games remaining. The Eastern Conference standings currently look like this:   Continue reading

Happy Thanksgiving from ALDLAND

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Happy Thanksgiving, ALDLAND readers. Without presuming that you need any help entertaining yourselves today, here are a few suggestions to enhance your holiday festivities:

We are thankful for everyone– over six thousand of you in 2015 alone– who stumbled by this virtual space in the past year. Have a wonderful day, and get off the dang computer!

The Phillies have given up, finally

Back in February, before the 2015 MLB season started, I wrote that the projected-to-be-terrible Philadelphia Phillies should just give up and put themselves out to pasture. They did not immediately heed my advice. Nearly four months later, the team found itself with a 22-44 record, the worst in all of baseball. Cue the terminal sequence: Continue reading

When do baseball teams score runs?

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One of the marks of a smart baseball writer is the ability to sense a trend, research its existence and nature, place her findings in context, and present her conclusions in a way that meaningfully educates readers. Inherent in this ability is the wherewithal to know when to stop researching a trend or pressing on a concept, realizing that the fruits of the work have been or soon will be exhausted. Sometimes a person who is not a “smart baseball writer” by the foregoing definition will noodle about on an idea for so long, he’ll end up with a small pile of research that no longer has any bearing on any meaningful conclusions.

Two years ago, I decided to investigate a hunch that the Detroit Tigers were having trouble scoring runs late in games. My initial research mostly seemed to support my hypothesis, and a follow-up look appeared to confirm it more strongly. More than merely interesting (and fleetingly self-satisfying), it also was informatively concerning, because it placed the team’s well-known bullpen problems in a more nuanced light: relief-pitching woes alone weren’t the problem, because the lack of late-game scoring was compounding the problem of surrendering leads during the final frames. As strange as it seemed, the Tigers had interrelated shortcomings on both sides of the plate.

One comment I received in the course of sharing those findings stuck with me: I needed to place this information in context. After all, there are plausible reasons to believe that all teams might, perhaps to varying extents, experience decreased run production in the late innings.

And so it was that, two years later, I finally discovered Retrosheet, a site that compiles inning-by-inning scoring data to a more useful degree than the resources I’d utilized back in 2013. What follows are two graphs of the inning-by-inning scoring of sixteen teams for the 2014 season. Continue reading

Upton Abbey – S2E1 – April Showers

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As planned, ALDLAND conducted a show of force during the Braves’ home-opening week, making our presence felt during game three of each series, which were played against the Mets and Nationals.

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Although Atlanta lost that game and the series to the Mets that Thursday night, the game was a sign of things to come for the Braves. Continue reading

Preseason BP Nuggets

bpro-oscarAs mentioned, this is my first season reading the Baseball Prospectus annual, and as those around me this spring have noticed, it’s full of numbers. Numbers are okay, but without analysis or interpretation, it can be a bit like reading the backs of a bunch of really comprehensive baseball cards (that also happen to include some sophisticated projections for the season ahead). There’s nothing wrong with numbers, but they don’t tend to make for very exciting reading on a site like this. Instead of asking you to widen your eyes along with me at the number of home runs Chris Davis is projected to hit this year (thirty, down from his Triple-Crown-repeat-spoiling fifty-three in 2013), I’ve tried to extract a few nuggets of information from the weeds of the raw data that will make watching baseball this season just a little bit more enjoyable.      Continue reading