Sports Law Roundup – 12/15/2017

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Here are the top sports-related legal stories from the past week:

  • Louisville basketball: The fallout from the FBI’s announced investigation of Adidas-sponsored men’s college basketball programs resulted in the termination of Rick Pitino’s  position as the head coach of Louisville’s team. That, in turn, spawned Pitino lawsuits against Louisville for wrongful termination and Adidas for intentional infliction of emotional distress. Louisville now has sued Pitino for breach of contract and negligence and seeks monetary from Pitino arising out of the school’s losses due to vacated wins, potentially including its 2013 national title, and other NCAA sanctions, lost donations, and other financial losses. Louisville’s complaint alleges Pitino admitted liability when he said in a post-termination interview that he knew about NCAA violations but did not report them and took “full responsibility” for his decisions to hire assistants who subsequently engaged in wrongful activity.
  • Television transfer: An announced transaction between 20th Century Fox and Disney involving the latter’s acquisition of more than $50 billion (exclusive of debt) of the former’s assets has potentially significant consequences for the entities’ sports properties. Included among the assets Disney (which already owns ESPN and ABC) is acquiring are all of the Fox Sports Regional Networks (e.g., Fox Sports Detroit, Fox Sports South, etc.) and the YES Network. Disney also is acquiring other substantial assets, including FX Network, Fox’s interest in Hulu, and all of Fox’s film and television studios, which would include the rights to film properties like “The Simpsons,” “Modern Family,” “Avatar” (for which one source reports there are four sequels in the works), “Deadpool,” and “X-Men.” In exchange, Fox shareholders will receive shares of Disney stock. In addition, a spinoff entity will take control of Fox’s primary national networks, including FOX, Fox News, Fox Business, FS1, FS2, and the Big Ten Network. The deal still requires approval from both existing entities’ boards of directors and shareholders, as well as government regulators.
  • Baylor sexual assaults: The flow of evidence of Baylor‘s apparently widespread sexual assault problems seems unlikely to abate anytime soon now that a judge is permitting discovery of sexual assault reports from students who are not parties to pending litigation involving the school, as well as records of third-party Code of Conduct violations limited to violations related to “sex” and is ordering Baylor to produce documents previously provided to independent auditors, those being “32,000 nonparty student records, and hundreds of thousands of additional documents, without regard to” relevance or federal privacy restrictions.
  • Gambler defamation: In June, an alleged “gambling guru” known as RJ Bell (real name: Randall James Busack) sued Deadspin (and its post-Gawker-bankruptcy owner, Gizmodo Media Group, LLC) and freelance writer Ryan Goldberg over an article Goldberg wrote and Deadspin published that was critical of Busack and which Busack alleges was libelous. On Tuesday, a New York bankruptcy judge announced that trial in the case will begin on Valentine’s Day 2018. An important legal question in the case is whether a provision in an order of the bankruptcy court overseeing the Gawker Media bankruptcy intended to operate as a release of third-party claims against Gawker Media writers applies to bar Busack’s claims against Goldberg, which is the position Goldberg takes. Busack contends that the release doesn’t apply to him because he didn’t sue Gawker during the bankruptcy and received no distribution from the Gawker bankruptcy estate. Gawker Media entered bankruptcy as a result of a prior lawsuit Hulk Hogan (real name: Terry Bollea) brought. The attorney who represented Bollea in that case also represents Busack in this case. On Wednesday, the judge, who previously indicated he found the release issue ambiguous, ruled that the release did, in fact, bar most of Busack’s claims.
  • Garbler defamation: Lou Holtz, former head football coach at Notre Dame and South Carolina and former football “analyst” for ESPN, has sued The Daily Beast and one of its writers, Betsy Woodruff, for defamation. Holtz claims that Woodruff’s article about Holtz’s comments during the 2016 Republican National Convention, in which she reported he said immigrants were “deadbeats” and “invading the U.S.,” contained information known to be false and caused Holtz to lose future speaking opportunities.
  • NFL Network sexual harassment: A former NFL Network employee has sued NFL Enterprises, LP (apparently the Los-Angeles-based television and broadcast arm of the NFL), Jessica Lee (allegedly a supervisor at NFL Network whose LinkedIn page describes her as the Network’s director of studio operations), and fifty unnamed defendants. The plaintiff’s lawsuit nominally is one for wrongful termination, but its most newsworthy allegations involve claims of sexual harassment, assault, and battery by other NFL Network employees, including former players Marshall Faulk, Donovan McNabb, Warren Sapp, Ike Taylor, Heath Evans, and Eric Davis and former executive Eric Weinberger, who now works as the president of Bill Simmons Media Group, which owns The Ringer.

Sports court is in recess.

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Sports Law Roundup – 1/13/2017

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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:

  • 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.

2016 College Football Kickoff: Vanderbilt in search of hope and change in opener

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Once again, the Vanderbilt Commodores will help open up the college football season, this year by hosting the South Carolina Gamecocks tonight at 8:00 pm on ESPN, and they’ll be looking to exorcise some debut demons.

Vandy played in the first Thursday night season opener back in 2012, which also saw them playing the Gamecocks in Nashville. Vanderbilt lost that game, 17-13, as the result of a very bad officiating call, although they missed opportunities to secure a victory for themselves. The Commodores were part of the opening Thursday night in 2013 as well, again losing by four at home, this time to Ole Miss. They nevertheless were called upon again in 2014 to play on the first Thursday, losing so badly at home to Temple, 37-7, that I and a significant majority of our readers wondered whether VU should fire then-first-year coach Derek Mason. Vandy didn’t fire Mason, and the NCAA didn’t fire Vandy from the season-opening Thursday slot, where they again appeared in 2015, hosting Western Kentucky. That was a stupid game the Commodores lost by two points.

Which brings us back to tonight. Vanderbilt is seeking its first opening Thursday win in Nashville, and they’ll have to beat South Carolina, their original opponent in this series of sorts, to do so. The SEC Network’s analysts, including former Vandy QB and Bachelorette star Jordan Rodgers, predict a win this evening. They also predict a 5-1 start and a 7-5 overall record, though, which some may take as a sign of excessive optimism.

At this point, VU fans have every reason to expect a disaster in this game, but I think it’s fair to expect that Mason, in his third year in Nashville, will have his team better prepared to start this season than the Gamecocks under new coach Will Muschamp. One of these teams is going to secure an SEC win in the first week of the season, and, in my estimation, it’ll be the Commodores. Paul Finebaum agrees. If you want to place a bet, maybe take the under– it’s tough to envision these two teams combining for more than forty-two points.

Even a broken clock is right sometimes: Michigan State to #2 in the AP Poll

I have to agree, because the man said what I’ve been saying for a week now: Michigan State looks like the best team in the country at this moment. Both teams in the Oregon-MSU game looked better than anything the SEC had to offer through the first two weeks of the season.

Week three saw the Spartans struggle against Air Force’s triple-option offense, but, one has reason to expect, that data point will have little meaning going forward. Meanwhile, Georgia dominated South Carolina in what easily was the Dawgs’ best game of the year, and Ole Miss made it two straight over Alabama.

The Black Bears’Rebels’ win certainly was exciting, and it’s led some to argue that they deserve the top AP spot. Their sixty-four points per game and undefeated record that includes a win in Tuscaloosa merit a top-tier ranking, but home wins over UT-Martin and Fresno State aren’t terribly revealing.

Terribly revealing? Missouri’s ugly win over UCONN is a strong indication that the two-time SEC East champions are unlikely to defend their consecutive division titles in Atlanta this December. Ohio State had a similarly weak victory over Northern Illinois, but those Huskies are better than the ones from New England, and the Buckeyes’ recent track record suggests they’ll be fine going forward.

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Related
The selfishness of Colin Cowherd’s critique of Dan Patrick
Online sports media critics: When Colin Cowherd starts to make sense, it’s time to reevaluate your approach

2013 college football bowl schedule

Before getting to the 2013-14 college football bowl schedule and associated predictions and operations, a note on sponsored discourse. In this post-Musburger-for-all-the-Tostitos world, it is an unremarkable fact that the bowl games are not merely sponsored football contests but business entities in and of themselves, the sponsorship-style nomenclature– e.g., “the Tostitos Fiesta Bowl”– a mere reflection of the game’s less overtly monied past. Even the ostensible bastion of postseason intercollegiate purity now is known as “the Rose Bowl Game presented by Vizio.”

When a bowl game is a business, and not merely a happening, there is an associated shift in the commercial advertising language referential to that business. The NFL’s decision to prohibit the use of “Super Bowl” by non-league advertisers, who now must offer you late-January deals on new televisions for watching “the big game,” provides a rough analogy.

I understand and accept the logic behind a business’ desire to control its portrayal in other business’ advertisements and insist on inclusion of a game’s full, sponsored title in that portrayal. What I do not understand is why the news media plays along. This week, I heard a local sports talk show talk about talking about Georgia’s appearance in “the Taxslayer dot com Gator Bowl,” and that’s far from the only example. I understand that some of the sponsors have integrated their names into the bowl games’ names in such a way that it’s difficult– or, where the sponsor’s name and the bowl’s name are one and the same, impossible– to say the bowl’s name without saying the sponsor’s name as well (e.g., the Kraft Fight Hunger Bowl and the Capital One Bowl, respectively). “Taxslayer dot com” is a mouthful, though, and everybody already knows the Gator Bowl. “The Rose Bowl Game presented by Vizio” is ridiculous to say, and things like “the Allstate Sugar Bowl,” “FedEx Orange Bowl,” and “Tostitos Fiesta Bowl” simply are superfluous. Why the sports news media feels obligated to append these sponsor names when discussing the bowls is beyond me, and you won’t find us doing it here, unless it’s something humorous like the Beef O’Brady Bowl or the RealOakFurniture.com Bowl.

Onto the bowl schedule, which begins this Saturday.   Continue reading

ALDLAND Podcast

Baseball is back for a second straight week as Marcus and I react to the division series in both the American and National Leagues. Elsewhere, Jadaveon Clowney fails to escape the wrath of ALDLAND as we discuss his numerous “injuries”. Finally, picks and predictions for this week in college football.

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

Tuesday Afternoon Inside Linebacker

fairleyALDLAND’s weekly football roundup is back, taking a look at all the highs and lows of the latest round of football action.

College Football

Pregame:

  • In anticipation of the LSU-UGA game, a secret-recipe cheesy bean dip was made. So much was made, in fact, that it lasted much longer than the game, although not quite as long as Georgia coach Mark Richt spent kissing his wife following a win over Kentucky.

The games:

  • LSU-Georgia was a thriller. Georgia continues to lose important players to injury, but it doesn’t seem to slow them down. This week, star running back Todd Gurley sprained his ankle in the second quarter, but backup Keith Marshall filled in and had a career day. In the end, the Dwags outgunned the Tigers 44-41 and are in the driver’s seat on the road to the SEC championship game in Atlanta.
  • I also thought Ole Miss-Alabama would be a good game, but it was not. The Rebels limited Alabama’s scoring early, but they were unable to do any scoring of their own, which is an easy-bake recipe for a loss. Ole Miss 0, Alabama 25.     Continue reading

ALDLAND Podcast

Since I can’t play GTA V 100% of the time, I took some time off to record a podcast with my trusty cohost Marcus. (Token) diversity is the name of the game this time, as Marcus and I talk a little soccer before getting back into college football. So take some time out of your own playthrough of GTA V and give this podcast a listen.

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

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

ALDLAND Podcast

Marcus and I are back to discuss the games we previewed last week, as well as talk about some of the exciting games on this weekend’s slate. Coaches on the hot seat and how hot those seats might be is another topic of discussion, as is our new favorite musical artist, “Mathers.”

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