Sports Law Roundup – 3/3/2017

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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:

  • Football head injuries: Two former Purdue football players have sued the NCAA and the Big Ten Conference, seeking class-action treatment for their claims that those defendants failed to disclose information about head-trauma risks and provide the university with concussion-management policies. Both named plaintiffs allege that they currently suffer from depression, memory loss, and headaches as a result of concussions experienced while playing football in college.
  • Professional athlete Ponzi scheme: Last year, a banker pleaded guilty to conspiracy, wire fraud, and money laundering in connection with a Ponzi scheme she ran with former NFL player Will Allen designed to defraud investors with a plan to make loans to professional athletes seeking offseason financing when they weren’t receiving payments from their team salaries. On Wednesday, a court sentenced the banker and Allen each to six years in prison for their roles in the criminal scheme.
  • Baseball DUI: A South Korean court has sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence is 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.
  • Rams fans: Last year, St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles requested class-action status for their case. Having consolidated various of these cases, the judge now has ordered the parties to mediation.
  • Penn State child abuse: Earlier this year, 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 month, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the court has denied those appeal petitions, clearing the way for the trial to begin as scheduled on March 20. (Last week, the judge granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants.)

Sports court is in recess.

Sports Law Roundup – 12/16/2016

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:

  • NBA CBA: Like baseball, the NBA has a new collective-bargaining agreement. Full details are not yet public, but it appears there will be salary cap and luxury tax changes, as well as an increase– from thirteen to fourteen– in the number of guaranteed roster spots for each team. The league also has agreed to shorten the preseason and expand the calendar length of the regular season without increasing the number of regular season games. One aspect that will not change is the manner in which the players and owners divide basketball-related income. The players conceded roughly seven percent (approximately from 57% to 50%) during the last lockout in 2011.
  • NFL concussion settlement: Earlier this year, the NFL settled a class-action lawsuit brought by former players seeking compensation for ongoing problems related to head injuries suffered during their professional football careers by agreeing to provide a fund to compensate former players for the next sixty-five years. The U.S. Court of Appeals for the Third Circuit affirmed the settlement, but a small subset of the class members– approximately thirty of 22,000– were dissatisfied with the settlement, believing it was underinclusive because it did not provide relief for former players who develop CTE, the disease found in people who suffer from repeated brain trauma that, at this time, is not detectable while the player is alive. Seeking further review of the settlement, these plaintiffs petitioned the Supreme Court. On Monday, the Court declined to grant their petition, leaving in place the Third Circuit’s ruling. It is unclear whether these objecting plaintiffs have any further recourse, though they likely are watching the new lawsuit highlighted in this space last month that specifically addresses CTE.
  • Student-athlete classification: As discussed here last week, 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. Now, those students plan to request en banc review, meaning that they will ask the full panel of Seventh Circuit judges to reconsider the decision. (Federal circuit courts typically hear cases in three-judge panels, even though more than three judges make up each of the federal circuit courts. Aside from an appeal to the Supreme Court, which may not even be accepted, the only way to reverse a circuit court ruling is to ask the full court to do so.) The plaintiffs contend that the amateur aspect of collegiate athletics the ruling noted is not pertinent to an FLSA analysis, and that the Seventh Circuit’s decision “conflicts with decisions in this and other circuits on employee status.”
  • Raiders stadium: In an apparent attempt to keep the Raiders from moving to Los Angeles or Las Vegas, the Alameda County Board of Supervisors voted to support the building of a new football stadium in Oakland that– unlike the new basketball arena being built for the NBA’s Warriors that will relocate them from Oakland to San Francisco–  would be funded, in significant part, with public money. The Board’s vote does not guarantee that the Raiders will stay in Oakland.
  • Rams fans: St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles now have requested class-action status. The plaintiffs are seeking a variety of forms of relief, including reimbursement for tickets and concessions. A judge already has ruled that some of the plaintiffs who want the team to continue to honor the licenses by allowing the St. Louis fans to purchase season tickets at the team’s new home in L.A. are entitled to do so.
  • NFL broadcasting: The plaintiffs in an antitrust lawsuit targeting NFL Sunday Ticket, the product of the exclusive agreement between the NFL and DirecTV for the television broadcasting of out-of-market NFL games, won an apparently significant victory when Fox and CBS agreed to produce documents evidencing their own Sunday-Ticket-related agreements with the league and DirecTV in connection with a judge’s discovery order. The NFL contends that the plaintiffs have failed to allege an antitrust violation because the NFL can decide how to broadcast its games, and the Sunday Ticket package represents an addition to viewers’ existing options (i.e., the one or two games available each Sunday afternoon on Fox and CBS, plus the national Thursday/Sunday night/Monday night broadcasts) rather than a restriction.
  • Secondary ticket market: The President has signed the BOTS Act, a bill that expands the authority of the Federal Trade Commission to regulate the online secondary market for event tickets. The new law seeks to prohibit “ticket bots and other online tools that deliberately circumvent security protocols limiting or restricting online ticket purchases.” Here’s hoping this law will provide a more meaningful benefit to sports fans than the NFL’s practically meaningless agreement to end its league-wide imposition of a price floor on game tickets sold on the secondary market.
  • Formula One acquisition: Liberty Media, the company that owns the Atlanta Braves, will acquire auto-racing series Formula One for $4.4 billion. According to a reputable source, F1 cars are the fastest in the world among road-course racing cars.
  • MLB CBA: I wrote about the new CBA in this space after the league and players union reached their agreement on November 30. Now we have more information about the particularities of the agreement, and this analysis provides a helpful overview. We also learned that the Tampa Bay Rays were the only team to vote against approving the agreement. In a public statement, the Rays’ general managing partner made reference to an “opportunity [that] was missed” to “address the extraordinary and widening competitive gap that exists on-field between higher and lower revenue clubs.”

Sports court is in recess.

Tuesday Afternoon Inside Linebacker

tailALDLAND’s weekly football roundup is back following week three of college football and week two of the NFL.

College Football

Pregame:

  • I caught snippets of ESPN College Gameday and Fox Sports 1’s college football pregame shows. Gameday remains the leader of the pack, but I’d like more time to see how FS1’s show develops. In the meantime, I’ll join FS1’s Joel Klatt in sending good wishes to the folks in Colorado dealing with major flooding right now.

The games — excitement building:

  • With a couple East Carolina fans in town, we watched the Pirates hang with Virginia Tech for about three quarters. The Hokies did all they could, including badly missing a bunch of close kicks, to hand ECU the game. Frank Beamer looked like he wanted to puke, but his team managed to hold it together in the end. Virginia Tech 15, East Carolina 10.
  • We were flipping between that game and UCLA-Nebraska. When I first checked in on this one, Nebraska had a 21-3 lead, and it looked like the best early game of the day would not materialize into a competitive affair. That turned out to be sort of true, but not in the way I expected. UCLA scored thirty-eight unanswered points to beat the now-mythological blackshirt defense in Lincoln 41-21.
  • The game of the day belonged to Alabama and Texas A&M, and it lived up to the hype. Johnny Manziel and the Aggies started very hot, jumping out to a 14-0 lead and choking the Tide’s early drives. A&M scored touchdowns on its first two drives, which averaged 71.5 yards and 2:06 off the clock. Alabama responded, though, methodically amassing thirty-five temporarily unanswered points and carried a 42-21 lead into the fourth quarter. The Aggie defense had yielded to The System, but Manziel wasn’t through, although twenty-one fourth-quarter points wouldn’t be enough to top Alabama. The Crimson Tide remain undefeated, winning 49-42, but Manziel unequivocally proved that he is must-see football every time he plays, and his cohort, receiver Mike Evans, deserves some credit too.     Continue reading