DirecTV will refund NFL Sunday Ticket subscribers who cancel due to player protests and possibly for other protest and protest-protest-related reasons

This afternoon, the WSJ reported on a new policy under which AT&T’s DirecTV, the exclusive provider of the NFL Sunday Ticket package that allows viewers to watch out-of-market NFL games otherwise unavailable due to the league’s regressive approach to broadcast rights, will grant user refunds:

DirecTV is allowing at least some customers to cancel subscriptions to its Sunday Ticket package of NFL games and obtain refunds, if they cite players’ national anthem protests as the reason for discontinuing service, customer service representatives said Tuesday.

Under Sunday Ticket’s regular policy, refunds are not to be given once the season is underway. But the representatives said they are making exceptions this season—which began in September—because of the controversy over the protests, in which players kneel or link arms during the national anthem.

Mark Hoffman, a longtime subscriber to Sunday Ticket, which gives sports fans the ability to watch every Sunday game, said in an interview he was able to cancel his subscription on Monday. The package costs around $280 per-season.

“I honestly didn’t think I’d get a refund,” Mr. Hoffman said. “I know their guidelines, I just wanted to make a point.” Mr. Hoffman, a former business editor at the Milwaukee Journal Sentinel, said he made his case successfully to a customer service representative after sitting through a recording saying cancellations weren’t an option.

Intrigued, I wondered whether DirecTV would offer refunds to subscribers who want to cancel because of the historic rise in penalty calls that is making this season’s games nearly unwatchable. And what about those who now want to cancel in protest over DirecTV’s policy of providing refunds to subscribers who cancelled to protest the players’ protest? According to DirecTV, all of those options may be on the table:

directv nfl sunday ticket protest

I generally support any policy under which users can receive refunds for sports-broadcast services they’ve already purchased, and the more absurd and tangential the reason for the refund request, the better.

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Sports Law Roundup – 9/22/2017

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:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

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.

Baseball’s faithless electors

My latest post for Banished to the Pen considers the Tampa Bay Rays, the faithless electors of the vote on the 2016 MLB collective bargaining agreement, and it includes this picture:

drays

The full post is available here.

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 political costs of a new baseball stadium

braves_lee_deal

In his role as Cobb County Commission Chairman, Tim Lee probably thought that pushing through an expensive plan to relocate the Atlanta Braves from their downtown home to his northern suburban jurisdiction by skirting public referendum and delivering the pork for large business interests would, in return, lead to his reelection.

Once again, however, Lee has miscalculated. Challenger Mike Boyce, a retired Marine colonel, nearly defeated Lee outright in an election this spring. Boyce only secured forty-nine-percent of the vote, however, which sent him into a runoff election with Lee this summer.

As the Atlanta Journal-Constitution explained last month, “Boyce’s candidacy is drawing on a deep well of resentment over the deal, which was struck in secret without a public vote.”

Last night, that resentment drove Boyce to victory. He toppled Lee by securing sixty-four-percent of the runoff vote.

This won’t reverse the new stadium deal, of course, but it may serve as a warning to other politicians who, in the future, contemplate similar boondoggles.

_____________________________________________________________

Previously
Previewing the 2016 Atlanta Braves
The Braves are failing on their own terms
New Braves stadium project continues to falter
Georgia Supreme Court Upholds Cobb’s Braves Stadium Bond Deal
Braves Break Ground on Baseball Boondoggle
The yard sale at Upton Abbey continues
From Barves to Burbs: What’s happening to baseball in Atlanta?

Obama in Cuba brings the pain of loss to a Miami exile family (via Miami Herald)

I’ve never known anything but freedom. My grandparents and parents made sure that was so. But now my grandparents are dead, and my parents are old, and the Cuban regime that strangled them somehow lives on … lives on to play a baseball game with our country this week. America extends its hand toward a dictator who has the blood of my people on his own. And now my parents, old exiles, have to watch Obama and Jeter and ESPN throw a happy party on land that was stolen from my family … as the rest of America celebrates it, no less. That’s going to hurt, no matter how you feel about the politics. … Read More

(via Miami Herald)

Dan Le Batard is a writer for the Miami Herald and the host of a daily talk show on ESPN Radio, as well as a cohost, with his father and Bomani Jones, of Highly Questionable, a daily television show on ESPN.

Veterans Affairs: The Uneasy Marriage of Military Money and the NFL (via Grantland)

patriotsAll of sports is a pageant. All sports are, in their own way, propaganda. They create a self-contained ecosystem within which people are convinced to vest themselves — emotionally in their teams, and economically in the various corporate partners with which the institutions of sports have allied themselves. It is a universe of cognitive manipulation that has grown thicker and more complex as the media has changed and accelerated. This is fine for selling beer and shoes and expensive automobiles. It should not be used to sell the idea of military service, and it should not be used to create a false iconography of vicarious heroism for the folks in Section 444.

Most veterans you will see on the field in an NFL stadium, or standing on top of a dugout between innings, are genuinely worthy of the country’s admiration. They’ve earned every cheer they get. They also have earned decent health care and a chance at an education and whatever counseling they need to get beyond what they’ve experienced. What they don’t deserve to be are front people through whom the rich get richer, to be walking advertisements for the services that they already have paid back in full. This is a transaction grotesquely inappropriate for their sacrifices. … Read More

(via Grantland)

Can Golf Save Congress? (via Hot Dogs and Golf)

An article on NPR posited the idea that if members of Congress played more golf together, like in the olden days, they would get more work done.

It’s an interesting idea — one that has been proposed many times over in different forms. If members of Congress drank together, ate dinner together, took trips and retreats together. If their spouses did volunteer work in DC together, if they moved their family to DC so their kids could go to school together, we could break through the incivility and gridlock.

In the late 1990’s, the Aspen Institute hosted 3-day retreats hoping to bring members of Congress from both sides of the aisle together to get to know one another — and face the issue of incivility in Congress head on. Around 200 Members, their spouse, and children attended. Did it work? Sort of.

But, what of this idea of bi-partisan golf? … Read More

(via Hot Dogs and Golf)