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.

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The only surprising part of Will Ferrell’s tour de baseball

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Everybody had a good time with Will Ferrell’s Major League Baseball debut last week, and that’s no surprise. Will Ferrell is funny and good at making people laugh, and, it’s always seemed with him, the bigger the stage, the bigger the laughs. Ferrell started Thursday as an undrafted amateur free agent signee of the Oakland Athletics, and he finished the day as a San Diego Padre. In between, he appeared in games as a member of eight other teams and played every position, including designated hitter (pictured above). He even has his own Baseball-Reference page!

All of this feels like it belongs within Ferrell’s entertaining wheelhouse. Close examination of his B-R page reveals a little surprise, however:

wfb-rWho knew Cincinnati held Norm’s rights to begin with? Maybe it has something to do with the Marge Schott joke he made on Weekend Update nineteen years ago, forever “preserved” on this broken NBC.com video? Baseball, like Norm, proves to be a continually unfolding mystery of the most enjoyable variety.

The yard sale at Upton Abbey continues

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It’s been a while– too long– since the last dispatch from Upton Abbey, but today’s news commands an update.

The Braves’ offseason has been one filled with departures. First, they allowed a number of their free-agent pitchers– Ervin Santana, Kris Medlen, and Brandon Beachy, among others– to walk, along with role player Tommy La Stella (via trade). Then came the biggest move of all: Atlanta traded Jason Heyward, its best player and a fan favorite by virtue of his abilities and history in the Braves’ farm system, to the hated Cardinals for some mystery meat.

Now Justin Upton is departing for San Diego, the latest of the Padres’ marquee offseason acquisitions. In exchange for the younger Upton, who is heading into the last year of his contract, the Braves will receive four minor leaguers, including Max Fried, which sounds like a selection on the Popeye’s menu but actually is just a twenty-year-old pitcher who’s already had Tommy John surgery, and something called Mallex Smith. If you can stomach that sort of writing, here are scouting reports on these prospects.

Braves fans can be forgiven for feeling like they’ve been whipsawed. After competing for a playoff spot two years ago and combining the high-profile acquisition of the Upton brothers with contract extensions for most of their infield, it looked like Atlanta was really building something.

As it turns out, the Braves are building something, but it isn’t a good baseball team. The construction of the new Cobb County stadium– much reviled in these e-pages— is the lens through which these moves can be understood. It now is clear that new general manager John Hart has his marching orders: deliver a team that will be competitive in 2017, the year the new park opens. “And not a moment sooner,” fans might add.

There’s nothing wrong with rebuilding. Every team not named the Yankees and (now) the Dodgers has to do it from time to time. What’s likely to trouble baseball fans in Atlanta is the sudden downshift into rebuilding mode apparently for the sole purpose of optics: the Braves organization wants to unveil its new– and, again, controversial and probably illegal– park with a competitive, if unrecognizable, team on the field. The timing was off. The best way to arrive in 2017 with a good team is to sell off your assets that are valuable in 2014. Expect to see Craig Kimbrel traded during the 2015 season. That’s what’s happening now.

Were the Braves of 2013-14 world-beaters? Obviously not, and the 2014 season exposed flaws that everybody chose to pretend didn’t also exist in 2013. But there was a framework there. The team didn’t cry out to be blown up. My strong suspicion is that it wouldn’t have been, even with a new GM in place, absent the construction of the new park. And that’s a stupid reason to hit the restart button.

Tuesday Afternoon Inside Linebacker

tail3ALDLAND’s weekly football review returns after an infamous fall wedding weekend. Bear with us as we attempt to piece together the happenings of the last few days.

College Football

Pregame:

  • After the Game of the Century of the Season of the Week last week in College Station, everybody predicted a scheduling letdown this week. Sports predictions have become (always were?) completely useless and devoid of meaning, but once in a while, the wisdom of the crowd gets it right. Throwing out expired food? No, actually. A soft slate of week-four matchups? For the most part, yes.

The games — That 70s Show:

  • Clemson opened the week of play by getting punchy on Thursday night in a closer-than-it-should-have-been win over North Carolina State. So far as I can tell, the Tigers have played only fellow Carolinians to this point in the season. A check of their schedule confirms this, and the trend will continue this weekend. (EDIT: Except for that little game against UGA in week one.) Clemson 26, North Carolina State 14.
  • A number of teams posted gaudy scores and spreads. Since they already had their fun, they’re all getting grouped in this one paragraph. Ohio State 76, FAMU 0. Louisville 72, FIU 0. Miami 77, Savannah State 7. Washington 56, Idaho State 0. Baylor 70, Louisiana-Monroe 7 (that one’s actually a little surprising). Florida State 54, Bethune-Cook 6. Wisconsin 41, Purdue 10. UCLA 59, New Mexico State 13. Texas A&M 42, SMU 13. And others.

Tuesday Afternoon Inside Linebacker

tailSince “Monday Morning Quarterback” and “Tuesday Morning Quarterback” are taken and uninspired, and because I’m preempting my own exhaustion of “Monday“-themed alliterations, ALDLAND’s regular football/weekend roundup will move to Tuesday afternoons, which also permits incorporation of the Monday night NFL game. With week two of college football and week one of the NFL in the books, here goes:

College Football

Pregame:

  • Brendan and Physguy were in Ann Arbor for ESPN College Gameday, and the only evidence is a couple cryptic tweets from Brendan.

The games — No surprises:

  • I was able to find Michigan State’s game against South Florida on television in the Southeast, which may be thanks to USF’s participation in the game, but which also felt like finding a unicorn in the wild. MSU’s defense continues to outscore their offense, and that’s with three quarterbacks! Even Sparta only ever had two kings at once. Michigan State 21, South Florida 6.
  • I also found Vanderbilt-Austin Peay on TV, which is a reminder that it’s week two for the broadcasters as well. VU had no problem with its Middle Tennessee neighbors, winning 38-3.

ALDLAND Podcast

The MLB had a fairly inactive trade deadline today, but luckily ALDLAND had a very active podcasting session to make up for it. Marcus and I share our semi-informed opinions on a variety of trades that were and were not made, as well as discuss the date of the MLB trade deadline and whether it should be moved. Bonus discussion of music related things. Will this podcast be the first ALDLAND podcast to be on iTunes? Who can say?

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

Topsy Monday

As noted, last Saturday’s college football games featured a number of games between top-ranked teams. As discussed in this space before, every game generally is going to end with one team on the winning side and one team on the losing side, games being athletic events between two teams. This means that a bunch of ranked teams lost this week, and boy did they.

Keep reading…

Merry Monday

Christmas came early for the Detroit Lions, who dominated the Chargers on Christmas Eve and earned their first playoff berth since 1999, giving the team a chance to win their first playoff game since 1991, their first NFL championship since 1957, and their first Super Bowl ever. I’m carried away one sentence into this post, but that’s the way it goes sometimes. In other NFL news, the Packers proved that, if another team is to beat them, they will need their starting quarterback and running back in action. They face the Lions next week, and given the chance that those teams will see each other again in the playoffs, I expect the game to go one of two ways: 1) both teams lay out cautions gameplans, with the Packers particularly careful to protect their starters; 2) the Lions miss the memo detailing option (1) and go all-out in an attempt to knock Aaron Rogers out and get the remainder of their defense suspended in the process. All Lions-Packers games that happen from here on out will be played in Lambeau. Cold weather proved to get the better of Tim Tebow, who got destroyed by the Bills of Buffalo.

The NBA regular season returned yesterday, and most of the games were pleasantly close. Two that were not were the finals rematch between Miami and Dallas, where the visiting Heat handled the defending champs easily, and a game involving Oklahoma City. (That’s all I can say about the latter.) The Knicks won a close one over Boston in the early game, and many have been saying that, despite the win, New York’s weaknesses were exposed. I have been saying that, despite everything and nothing, Spike Lee is so, so tired. By contrast, the Bulls won a close game over the Lakers when Derick Rose blew right past the SAT check-in table to flip in a game-winning floater in the lane, and most people are saying that this close win for Chicago showed their strength. I have been saying that, despite that, it shows that the Lakers are going to have a really long, somewhat bad year. Finally, the other LA team continued its winning ways. This was the only game I watched most of. The Warriors hung around for the first three quarters, but new Clipper addition Chris Paul took charge in the second half of the fourth quarter (known as “the start of the game” in player parlance) and secured a comfortable win for his new team. Meanwhile, in New Orleans, someone said, “basketball?”

On the docket for this week is more bowl game coverage and some looks back at the year that is soon to end (i.e., 2011).

UPDATE:

Isn’t one of you supposed to be….? Oh nevermind.