Sports Law Roundup – 2/3/2017

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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.

After a week off to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, 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. The plaintiff 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 claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: 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. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.

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2016 MLB end-of-season prediction report

Unfortunately, the 2016 MLB regular season ended yesterday, making today as good a day as any to evaluate the preseason predictions I made.

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When I checked in on these at the halfway mark of the season, they were looking ok enough for me to rationalize all of them. Now, though, we have nothing more than cold, hard reality against which to measure these guesses. The results (excluding predicted individual award winners, whom have yet to be named):   Continue reading

Game 162: Talking baseball at the end of the 2016 regular season

Every MLB team is in action beginning at 3:00 this afternoon for the final* day of the 2016 regular season. Before heading down to Turner Field to catch the Tigers and say farewell to baseball in downtown Atlanta, I was a guest on today’s episode of the Banished to the Pen Podcast, in which I rambled about wild card scenarios and made severely underinformed playoff predictions.

Stream or download the podcast here.

* Final as to all except Detroit and Cleveland, which likely will need to play a makeup game tomorrow.

Farewell, again, dear Prince

Nearly three years ago, Detroit Tigers fans said goodbye to Prince Fielder, whom the team traded in the 2013 offseason to Texas in exchange for Ian Kinsler. At the time, many were glad to see him leave, though some, including this author, were not. All must agree, however, that when Fielder left Detroit, he became barely a shadow of his former Ironman self. In his two years as a Tiger, he didn’t miss a single game. Excluding his rookie year, in the eight years he spent in Milwaukee and Detroit, he missed a total of thirteen games, playing the full 162 in four of those eight seasons. That’s an impressive accomplishment for any player.

If one wanted to be cold about it, one might note that, 2014, Fielder’s first in Texas, was a year of insult and injury for Prince. Not only did his trade replacement, Kinsler, make the All-Star team on his way to completing the second-best season of his career, but Fielder underwent season-ending neck surgery in late May, appearing in just forty-two games for his new club. He seemed to bounce back in 2015, posting a .305/.378/.463 line in 158 games, but it has been trouble again for Fielder in 2016. Despite his team’s success, Prince arguably was the worst position player of the first half of the season, and things weren’t looking up in the second half. After playing in all but five of the Rangers’ games through July 18, Fielder again went on the disabled list and, after undergoing a second neck surgery, is expected to miss the remainder of this season.

It may not just be the rest of the season he misses, however, as shocking reports emerged this afternoon that Prince’s career may be over:

If true, then, as a number of people have pointed out, Prince will finish with a .283/.382/.506 line, .304 TAv, .377 wOBA, 133 wRC+, 26.8 fWAR / 23.8 bWAR / 30.3 WARP, and 319 home runs, the same number of home runs his father, Cecil, with whom he seems to have reconciled, hit in a career just one season longer than his son’s.

Although serious injuries seemed to dim his wattage following the trade to Texas, I always will remember Prince Fielder as a complete hitter who was one of the happiest baseball players I ever saw. His friendship with Miguel Cabrera was particularly endearing.  What follows are some of my favorite images and clips from Prince’s playing days:   Continue reading

2016 MLB midseason prediction report

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This week marks the halfway point in the 2016 MLB season, which seems like a good time to check in on the preseason predictions I made.

American League

East: Boston

The Red Sox are playing pretty well, and some of their young prospects are rising to stardom, but they trail the “surprise” Orioles by 4.5 games, and are only a game up on third-place Toronto. Still, I don’t think it would surprise anyone if Boston made moves and won this division in the second half, especially with new GM/master dealmaker Dave Dombrowski at the helm.

Central: Detroit

Minnesota aside, the Central is a tight race, but it looked a lot tighter last week, prior to Cleveland’s current rampage. Until then, no team had held a sustainable stay atop the division, though, of the four contenders, Detroit’s time in first was briefest and most tenuous. This obviously was a pick on the emotional side of the ledger for me (though it’s one I share with Dave Cameron), but if the Tigers can’t beat Cleveland– currently 0-9 on the year– this season, it’s difficult to see them claiming the crown in the second half.   Continue reading

Red Wings’ season, playoff chances coming down to the wire

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It’s easy to second-guess coaching decisions after the fact, begins many post-loss sports articles, but it was immediately clear that the Detroit Red Wings, and their recently redeemed goalie, Jimmy Howard, were not 100% last night in Boston. The direct evidence? Surrendering two goals on four Bruin shots in the first 2:44 of the game. The circumstantial evidence? A hard-fought win the night before in a game that did not start until after 8:00, delaying the team’s arrival at its Boston hotel until 2:45 yesterday morning. Howard looked sluggish, and his teammates weren’t able to bail him out. Their backs against the wall, Boston hardly let up, eventually claiming a 5-2 win.

The Howard redemption story is a nice and good one, and, if the Red Wings are able to clinch a twenty-fifth-consecutive playoff berth, there’s little reason to believe it can’t continue into the postseason, but hockey, as much as any sport, is a sucker for narratives like these, and they can color strategic decisions. 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

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

Max Scherzer scouting report (backup catcher ed.)

My first post over at Banished to the Pen, a new baseball blog, takes a very serious look at a rumor of debatable seriousness: that the Texas Rangers considered adding Max Scherzer as a backup catcher before he signed as a starting pitcher for the Washington Nationals.

The full post is available here.

Mr. Scherzer goes to Washington


Overnight, the long-anticipated news of this baseball offseason finally broke: The Washington Nationals won the Max Scherzer sweepstakes by signing the former Detroit Tiger to a seven-year, $210 million contract.

Scherzer made news last March when, heading into his final season before becoming a free agent, he turned down the Tigers’ six-year, $144 million offer to stay with the team. That failed (from the team’s perspective) dance fouled up a variety of personnel matters for Detroit. They had already traded Prince Fielder and much, but not all, of his contract to Texas and starter Doug Fister to Washington for figuratively literally nothing all probably in an attempt to clear the books for Scherzer’s new contract. When Scherzer balked at the offer, the team responded by giving Miguel Cabrera all the money. Last season got off to a rough start, and, at least from a business perspective, Scherzer was at the center of it.

Max probably was my favorite amongst a very likable group of guys playing for the Tigers over this last stretch of seasons. His relief appearance against Oakland in the 2013 playoffs always will be among my most favorite half-innings of baseball.   Continue reading