Sports Law Roundup – 11/3/2017

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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:

  • Soccer relocation: Citing a duty to taxpayers, a judge in San Antonio is calling for a criminal investigation of the Columbus Crew’s announced proposal to move the team to Austin. Bexar County Judge Nelson Wolff had been involved in San Antonio’s attempt to secure an MLS franchise, which includes a joint purchase by the city and county governments of an $18 million soccer stadium. According to Wolff, Mark Abbott, the head of MLS, was supportive of San Antonio’s campaign for an expansion franchise in 2015 and said that MLS would not place teams in both San Antonio and Austin. Wolff has asked the Bexar County district attorney to investigate the situation.
  • NFL hiring collusion: Last month, free-agent quarterback Colin Kaepernick filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. According to a report this afternoon, team owners Jerry Jones (Cowboys), Robert Kraft (Patriots), and Bob McNair (Texans) will be called to answer questions under oath about Kaepernick’s claims and disclose their cellular telephone records. According to the report, “others owners, teams and league officials also will be deposed, but those individuals have been confirmed for now.”
  • NASCAR pit crew: In June, a judge allowed a wrongful termination case by Brandon Hopkins, a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing. Hopkins injured his shoulder when a race car hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis. The parties now have settled the case on undisclosed terms.
  • Daily fantasy sports: On Monday, Pennsylvania legalized daily fantasy sports, and Connecticut took similar steps on Tuesday. Pennsylvania will impose a fifteen-percent tax on operator revenue and other licensing requirements and makes it easier for that state to legalize traditional sports betting. The Connecticut policy, which includes a 10.5-percent tax on operators’ gross revenue, requires amendments to the state’s agreements with the two Indian tribes that operate the Foxwoods and Mohegan Sun Casinos and will become effective only after those tribes approve the amendments.

Sports court is in recess.

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Sports Law Roundup – 5/19/2017

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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:

  • Basketball mugging: Moses Malone Jr., son of NBA great Moses Malone, sued James Harden, claiming that Harden paid a group of people $20,000 to mug Malone Jr. at a Houston strip club last summer after critical comments by Malone Jr. about Harden’s youth basketball camp angered Harden. Malone Jr. posted a Facebook.com comment about the $250-per-attendee cost of Harden’s camp and then was beaten and robbed at the strip club. One of the men charged in the attack reportedly told Malone Jr. during the attack that Malone Jr. “disrespected James Harden and that he needs to be punished after that.” At this time, police have not established a connection between Harden and the attack.
  • Golf drugs: Vijay Singh won a victory in his lawsuit against the PGA this week when a court ruled that his claim that the tour breached an implied duty of good faith it owed to Singh could proceed. Singh’s case arises out of a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids performance. The PGA suspended Singh based on his admission before checking with the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited. Singh’s contention is that the PGA should have confirmed this fact with WADA before it suspended him.
  • Football painkillers: The judge overseeing the proposed class action brought by former NFL players against the league’s thirty-two teams improper dispensation of painkillers dealt the plaintiffs another serious blow this week by dismissing almost all of the claims remaining in the case, and he does not seem to be impressed by the plaintiffs’ efforts: “perhaps the bloat of inapposite allegations is the product of some advocacy-based agenda rather than any attempt to comply with pleading requirements. For present purposes, however, this order makes clear at the outset that what matters is not whether plaintiffs have drawn attention to widespread misconduct in the NFL but whether each plaintiff has properly pled claims for relief against each individual club and, if so, whether those claims survive summary judgment.” At this time, the only claims that remain in the case are those brought by two individual players against three teams, the Green Bay Packers, Denver Broncos, and San Diego Chargers.
  • Baylor sexual assaults: Amazingly, Baylor’s legal troubles continue to mount. After a former student sued the university earlier this year, alleging she was the victim of a group rape committed by two football players in 2013 that the school ignored; 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”; and that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes, another former student has sued the school based on similar allegations. The new case, filed by a former volleyball player for the university, is the seventh Title IX lawsuit brought against the school, and it alleges that up to eight Baylor football players drugged and raped the plaintiff in 2012. The complaint explains that the attack was photographed and videotaped and happened in connection with a football hazing program.
  • NBA ticket devaluation: A San Antonio Spurs fan has sued the Golden State Warriors and one of that team’s players, Zaza Pachulia, claiming that Pachulia’s contribution to the injury of Spurs star Kawhi Leonard “devastated the quality of the Spurs’ chances of being competitive,” thereby diminishing the value of the plaintiff’s tickets to future Spurs playoff games. Video of the play in question is available here. It shows Pachulia moving in front of Leonard, who is in the air releasing a shot, and Leonard subsequently landing on Pachulia’s foot, resulting in an exacerbation of Leonard’s ankle injury that caused him to miss the remainder of the first game and all of the second game of the NBA’s Western Conference finals. Leonard did not participate in practice yesterday, and his status for tomorrow’s game remains undetermined.
  • MLB streaming: Facebook and MLB have reached a live game streaming agreement that grants streaming rights to the social media platform for certain Friday night games. Streams will be free to users in the United States, and it appears that blackout restrictions will not be enforced, meaning fans located in the participating teams’ geographical regions should be able to watch as well. The initial deal includes twenty games, beginning with tonight’s Rockies-Reds matchup. More games may be added later. It is not clear whether this announcement has anything to do with the new lawsuit filed earlier this month by fans seeking to enforce a previous settlement agreement that required MLB to provide more live streams of in-market games by 2017, but it sure seems like it does.
  • Football jokes: An individual who posts jokes on the internet has sued Conan O’Brien, alleging that O’Brien stole a joke from him about Tom Brady winning the Super Bowl MVP award two years ago. Super Bowl MVPs apparently receive pickup trucks as prizes, and Brady, having won multiple such awards and having no use for a truck, has been giving them to a teammate he feels deserves it. Following New England’s last-second victory over Seattle in Super Bowl XLIX, Brady gave the truck to Malcolm Butler, who secured the game-winning interception. The essence of the joke was that Brady should’ve given the truck to Seahawks coach Pete Carroll, who, many thought, made a very bad play call on that play. I’m not sure what the statute of limitation is on joke-theft claims, but any joke that takes this long to explain probably isn’t worth stealing.  (It also seems kind of obvious, at least in retrospect.) A judge has ruled that the case will go before a jury, which will decide whether O’Brien infringed the individual’s copyright on that joke and two others.

Sports court is in recess.

Families that play together (periodically) win together: NBA champions edition

Following the San Antonio Spurs’ dominant win over the Miami Heat in the NBA finals, FiveThirtyEight decided to examine whether the popular narrative about the winners and losers– that the Spurs played a more complete, team-oriented style of basketball the Heat, increasingly reliant on their solitary superstar, could not combat– was borne out in the numbers. They did this by comparing the relative usage rates (USG%) of the teams’ lineups. Plotting the difference in USG% between each team’s “top” player, the one who “used” the most possessions to either shoot, be fouled, or commit a turnover, and each successive player, should show how well the team spread the ball around. A team that did a good job of sharing the ball should plot a flatter line than a team that did not. FiveThirtyEight’s chart supported the popular narrative: San Antonio’s line was flatter than Miami’s, and the league average, while Miami’s line topped both.

As FiveThirtyEight pointed out, this isn’t how NBA championships are supposed to be won. As much as the Heat’s assemblage of its “big three” was seen as groundbreaking, it fit the narrative that grew out of Michael Jordan’s Bulls and Kobe Bryant’s Lakers (and certainly existed before Phil Jackson coached both of those teams to multiple championships) that the NBA was a star-driven league, and the way to win championships was to have a superstar. The Heat simply presented as an extreme version of that reality, with little in the way of supporting cast members.

FiveThirtyEight only compared this year’s teams, but the article made me wonder how the last NBA champions who deviated from the star-heavy model– the Detroit Pistons team that won it all exactly ten years ago amidst a solid run– compared statistically to this year’s Spurs.

I tallied the numbers using Basketball-Reference‘s team playoff data, sorted by USG%. Before doing so, though, I made an executive decision to omit data from players who appeared in fewer than ten playoff games that year, which swept out Austin Daye (one game for the 2014 Spurs) and Darko Milicic (eight games for the 2004 Pistons). The resulting plot lines for each team are essentially equally flat:

nbachampusagechartFor perspective, keep in mind where the Spurs’ line– red on my chart, black on the one above– is situated relative to the rest of the (2014) league. It seems these Spurs and those Pistons were on the same page when it came to playing team-oriented basketball. Meanwhile, Miami is discussing adding Carmelo Anthony for next season. Anthony has been in the top ten in the league for USG% in nine of the past ten years.

ALDLAND Podcast

ALDLAND is in finals mode . . . NBA and NHL finals that is! Your favorite hosts are here to break down, or at least pay lip service to the championship rounds in both hockey and basketball. And that’s not all. Stay around after finals talk for a quick discussion on the upcoming Vanderbilt-Stanford series in the NCAA baseball tournament. It’s really the most fun you can have listening to a podcast.

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ALDLAND Podcast

It’s time for another ALDLAND Podcast, and this one has it all. There’s NBA playoff coverage, discussion of retirement gifts for Derek Jeter, and even live NFL draft updates that won’t matter by the time you listen to this because you will know who was drafted where already. But I’m sure you would agree that it’s the thought that counts.

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

 

ALDLAND Podcast

The ALDLAND Podcast might have taken two weeks off, but it is back and better than ever. Listen to your favorite cohost get all melodramatic about the NBA Draft before moving on to actual NBA discussion as we recap the exciting NBA Finals. Also featured is discussion of Darren Rovell’s interesting take on the Aaron Hernandez situation. Last, but not least, I unveil my innovative compromise to the Washington Redskins name situation.

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

ALDLAND Podcast

You followed the live blog, now listen to the live podcast. Join Marcus and me as we discuss the NBA FInals DURING the NBA Finals. This is so groundbreaking that your mind might explode! We also talk about college football recruiting and how crazy that is. So crazy. You don’t even know. But you will soon.

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