Yesterday afternoon, the St. Louis Cardinals forced a decisive fifth NLDS game against the Braves, which will occur tomorrow evening back in Atlanta. Each of the Cardinals’ two wins came by a single run, while the Braves have claimed their wins in low-scoring 3-1 and 3-0 affairs. All of the games have been full of the sort of tension-built excitement that makes October baseball so much fun.
Atlanta was and remains the favored team and has home-field “advantage” for game five, but it’s clear that they’re going to need more from the full depth of their lineup if they’re going to top this plucky Cardinals team. If the Braves’ roster has looked (and sounded– local radio coverage > TBS national telecast coverage) consistently inconsistent this series, your sensory receptors aren’t deceiving you. Take a look at the current status of the 2019 postseason cWPA leaderboard:
Atlanta fans probably have been saying to each other, “Wow, Dansby Swanson and Adam Duvall and Ronald Acuña and Mike Foltynewicz have been huge for the Braves this series, and, moreover, Freddie Freeman and Nick Markakis have been completely useless, and Mark Melancon and Julio Teheran have been killing us!” As cWPA confirms, the analysis by those Atlanta fans has been spot on!
As good as the good guys have been, it’s difficult to imagine the Braves advancing without getting something– anything, at this point– from Freeman, whose .535 OPS in this series indicates he’s been worse at the plate than any qualified hitter in the 2019 regular season. (Even 2018 Chris Davis had an OPS of .539! Since 1988, only two qualified hitters ever have posted a regular-season OPS below .535: Matt Walbeck (.530 in 1994) and MLB Network’s own Billy Ripken (.518 in 1988).) Sure, it’s only been four games, but Freeman’s been practically invisible– just two hits, one walk, and one run scored across eighteen plate appearances in which he struck out five times in a key spot in Atlanta’s lineup– at times when the Braves really need him to shine. This isn’t necessarily news, as he entered the postseason on a cold streak, but he’s going to have to snap out of it quickly.
Game five starts tomorrow in Atlanta at 5:02 pm. Indications are that Foltynewicz, winner in game two, will start for the Braves, and Jack Flaherty, owner of a dominant second half leading into these playoffs, will start for the Cardinals.
Relief pitcher Trevor Rosenthal made his MLB debut in 2012 as a midseason callup for the St. Louis Cardinals. In his first full season, he was a two-WARP player, and he became the Cardinals’ full-time closer in 2014. By his third full season, 2015, he was an All Star and down-ballot MVP candidate (even though the new metrics preferred his 2013 performance). After averaging about seventy-one innings pitched across those first three full seasons, Rosenthal’s totals dropped to 40.1 and 47.2 in 2016 and 2017, respectively. The decrease in 2016 was the result of performance struggles and a six-week DL stint for shoulder inflammation. Essentially ditto for 2017, except the DL trip for Trevor Jordan “TJ” Rosenthal was for Tommy John surgery that also caused him to miss all of 2018.
That timing was especially unfortunate for Rosenthal, who became a free agent at the end of the 2018 season. The Washington Nationals quickly signed him to a one-year, $7 million deal, but things did not go well for him in D.C., where the control issues that had begun to crop up at the end of his time in St. Louis quickly reemerged. He made five appearances for the Nationals before he recorded an out, at which point his ERA dropped from “inf” to a mere 72.0. A viral infection sent him back to the DL (plus some extended spring training) for the month of May. He returned in June to provide five additional appearances that were slightly better but still too erratic for the Nationals’ taste, and the team released him on June 23. Six days later, the Tigers signed him and sent him to Toledo. He gave the Mud Hens 5.1 innings of not-great work before the big club called him up yesterday for reasons unclear:
While one would think that Rosenthal’s promotion to the big leagues is a sign that his bout with the yips has improved, that curiously doesn’t appear to be the case. In 5 1/3 innings with Detroit’s affiliate in Toledo, he’s allowed six runs on eight hits and six walks. Rosenthal has punched out nine hitters, which is a mildly encouraging.
Ron Gardenhire didn’t waste much time before taking a look at his new player, sending Rosenthal out to handle the eighth inning and hold Detroit’s run deficit at three. Rosenthal accomplished that task, fully exhibiting his two current trademark tendencies– high velocity and low command– in the process, mixing speed almost as much as location. Continue reading →
This article was originally published Friday, Oct. 11, 1968 in the Free Press, the day after the Detroit Tigers won Game 7 of the World Series in St. Louis. Here’s the exact reprint of what Tigers outfielder Al Kaline wrote as it appeared in the paper.
ST. LOUIS — We had our strongest arm going for us and he won it and we won it the way we have all year, but coming from behind.
Mickey Lolich’s arm is the strongest on our staff. It’s never sore the day after he pitches, the way it is for most pitchers, so I thought he could do a good job even though he had only two days’ rest.
Mickey didn’t pitch as many innings this season as Bob Gibson, so I think he had an advantage there given Gibson had the three days’ rest.
I was surprised that Mickey had such good control though. We had to have the well-pitched game and he gave it to us.
Gibson was great again. I think he was better against me than he was in the first game when he struck me out three times. I got a hit in that one but he shut me out this time.
He had a couple bad breaks — Jim Northrup’s ball that went over Curt Flood’s head was the big one — and when you’ve got a tight ball game going like this, you’ve got to have the breaks and we got them.
I said after the first game that Gibson was one of the best pitchers I’ve ever faced — after seeing him three times I’ve got to say he’s the greatest.
I can see how Flood had trouble with Jim’s ball. In Busch Stadium, on a warm day when people are in shirtsleeves, it’s hard to see a line drive come off the bat. And besides that, the field was in poor condition because of the football game they played here Sunday.
At the start of the Series I remembered what Tony Kubek said about playing in the World Series, that you’ll never be as nervous in your life as you are before the first game … until the seventh game and then it’s worse.
The worse for me, and I think all of us, was the first game. After that we settled down. I wasn’t very nervous today. There wasn’t the wild celebration in the clubhouse that we had after winning the pennant but inside I was as happy and excited.
It always means more when you have to work for something and of course, I’ve been around 16 years and this is my first pennant and first Series.
And then, the way we won it made it doubly good, the way we played all year, from the time of that nine-game winning streak right after we lost on opening day.
It’s been my greatest year in baseball. I’ll never forget it.
Before lunch yesterday, I learned two things. The second was that former St. Louis Cardinals shortstop Ozzie Smith, one of the most talented and popular players in MLB history, began his career in San Diego. Smith made his major-league debut with the Padres in 1978 and spent four seasons with them before they traded him to the Cardinals following the strike-shortened 1981 season. (In digging into this news-to-me, I also discovered that the Detroit Tigers were the first team to draft Smith, but he didn’t sign with them after they picked him in the seventh round in 1976. San Diego picked him in the fourth round the following year and he signed.)
The first thing I learned yesterday morning was that Dolly Parton is the author of the Whitney Houston hit “I Will Always Love You.” Parton’s original version is this week’s Jam:
After Phish released its St. Louis ’93 box set, which chronicles two separate concerts four months apart in that city’s American Theater, I had the idea that I would write a two-part review of the release. In the first part, I would explain how the recording of the April 13 performance fit nicely between the raw, excitable energy exhibited on the At the Roxy box set, which captured three nights at the former Roxy Theater in Atlanta in 1992, and their breakout in 1994 (most widely distributed in the form of the two-disc release entitled A Live One).
That’s about as far as I got, because I came up with the idea after listening to the April concert, but I hopefully anticipated that, after listening to the August 16 performance, I’d be able to note something about the band’s noticeable growth over a short but very dynamic period in the group’s history.
As those of you who read this website with due care already know, I wrote neither of those reviews. That happened (or didn’t) in not-insignificant part because I don’t think the second night demonstrated the sort of growth, coalescence, or development I had believed it might. Top to bottom, the first night clearly is better, in my opinion, and I have returned to it more often than the second.
It wasn’t a mistake to include the August performance, though. The theme of the set wouldn’t make much sense, or really even exist at all, without it, of course, and if the plan simply was to release one night from 1993, maybe there were better options even than the April date in St. Louis. I don’t know. More than mere marketing logic, however, the August concert belongs because of its peaks. For example, the second set Mike’s Groove opener is solid, and the “Rocky Top” encore finisher is fun.
The real highlight, though, and what I suspect was a major factor in the decision to do this release at all, is the first-set “Reba.” Listen for yourself, and have a sublime weekend.
The great Miguel Cabrera is thirty-four years old. His team, once a surefire contender, is stuck in neutral, and Cabrera, their ostensible offensive engine, has only been slightly above average at the plate (108 wRC+, which would be the worst of any of his seasons since his rookie year (106 wRC+)).
It looks like we are seeing the beginning of Cabrera’s inevitable decline, which has observers taking stock of Cabrera’s likely legacy and projecting his place among the greats once he puts that magic bat down for good. For example, Yooper David Laurila included this observation in a recent edition of his Sunday Notes column:
Lou Gehrig had 8,001 at bats, 534 doubles and 493 home runs. Miguel Cabrera has 8,028 at bats, 533 doubles, and 451 home runs.
The day before, conversation on Fredi the Pizzaman’s Pizza Cave Podcast turned to Cabrera as the panel debated whether he would join Albert Pujols in the 600-home run club. (Pujols, whose major-league debut came two years before Cabrera’s, passed that milestone on June 4 of this year.) That discussion prompted a broader one about both players’ achievements and legacies.
Here’s a quick graph to introduce and orient this comparative analysis:
By aligning the two players’ offensive performances (measured by wOBA) to their individual age-seasons, we can develop a rough snapshot of their careers at the plate. This graph illustrates a couple of significant trends. First, it’s easy to identify the clear tipping point in Pujols’ career, which very clearly has two distinct halves. Second, Pujols came out of the gate hotter than Cabrera, who needed a couple years to ramp things up. Both achieved production levels that make them generational talents, but when it comes to counting statistics (like career home run totals), the gap in those early years may be what will end up separating these two in the final analysis. All players eventually decline, but that just means it’s going to be tougher for Cabrera to make up for his comparatively slow start now.
Again, this graph compares Pujols and Cabrera by aligning their career seasons. Even though they’ve accumulated homers at a similar rate, merely keeping pace in that regard likely won’t be enough for Cabrera in light of Pujols’ head start unless Cabrera has more years left in his tank than Pujols has in his. And right now, that first part– keeping pace– isn’t looking so sure for Cabrera. Here’s the same graph as the one above expanded to include 2017 numbers:
This comparison to Pujols thus suggests that Cabrera is unlikely to reach the 600-homer benchmark for two reasons: 1) a slow start and 2) what looks to be an early– relative to Pujols– decline. None of this is to say that Cabrera can’t or won’t reach 600 home runs. Comparing him to the most recent guy to do it suggests that, absent some change, he’s unlikely to get there.
That change could come in the form of a late-career rejuvenation. Cabrera’s capable of ripping off amazing offensive tears, and he certainly could do that again. It always has felt a bit odd to think of Cabrera as unlucky, but there continues to be evidence that Cabrera’s offensive numbers should be even better than they already are based on the quality of contact he makes. A third change could be a positional one. Just as David Ortiz extended his career by becoming a full-time designated hitter, the thought is that Cabrera could alleviate some of the strain on his body by being relieved of his defensive obligations.
All of this is relative, of course. Failure to accumulate 600 home runs is no indictment on a player or his legacy. Only nine players ever accomplished that feat, and three of them are Barry Bonds, Alex Rodriguez, and Sammy Sosa. Three more of them are Hank Aaron, Babe Ruth, and Willie Mays.
While we’re here, two concluding notes on the overall comparison between Pujols and Cabrera. The first, which came up on the podcast episode linked above, involves postseason success. As a rookie, Cabrera was a member of the Florida Marlins team that won the World Series in 2003. Pujols was a member of the 2006 Cardinals team that swept Cabrera’s Tigers in the World Series, as well as the 2011 World Series team that beat the Rangers in seven games. Pujols also has been a better hitter in the playoffs, though both have been significantly above average (164 wRC+ vs. 136 wRC+). Postseason appearances are significantly team and context-dependent and involve small samples (seventy-seven games for Pujols and fifty-five for Cabrera), but it’s something to mention.
The second is a total career assessment. Neither player is retired, obviously, but that doesn’t mean we can’t take a peek at what their legacies look like right now. One way to do that is with JAWS, an analytical tool designed to assess Hall-of-Fame candidacy. Its creator, Jay Jaffe, explains:
JAWS is a tool for measuring a candidate’s Hall of Fame worthiness by comparing him to the players at his position who are already enshrined. It uses the baseball-reference.com version of Wins Above Replacement to estimate a player’s total hitting, pitching and defensive value to account for the wide variations in scoring levels that have occurred throughout the game’s history and from ballpark to ballpark. A player’s JAWS is the average of his career WAR total and that of his peak, which I define as his best seven years. All three are useful for comparative purposes, as Hall of Famers come in different shapes and sizes. Some—Hank Greenberg, Ralph Kiner, Sandy Koufax, Jackie Robinson—dominated over periods of time cut short by injuries, military service or the color line. Others such as Eddie Murray, Don Sutton and Dave Winfield showed remarkable staying power en route to major milestones. While it’s convenient to believe that every Hall of Famer must do both to be worthy of a bronze plaque in Cooperstown, they can’t all be Babe Ruth, Ted Williams or Willie Mays, or the institution would merely become a tomb, sealed off because so few have come along to measure up in their wake.
For the purposes of comparison, players are classified at the position where they accrued the most value, which may be different from where they played the most games, particularly as players tend to shift to positions of less defensive responsibility—and thus less overall value—as they age. Think Ernie Banks at shortstop (54.8 WAR in 1,125 games there from 1953 to ’61) as opposed to first base (12.8 WAR in 1,259 games there from ’62 to ’71). A small handful of enshrined players, including pioneers and Negro Leaguers with less than 10 years of major league service, are excluded from the calculations; Satchel Paige and Monte Irvin, for example, had major league careers too short to use as yardsticks for non-Negro League players.
By JAWS, Pujols and Cabrera both are clear Hall of Famers even if neither ever played another game, but there’s a clear separation between the two. JAWS has Pujols as the second-best first baseman ever, trailing only the aforementioned Gehrig, while Cabrera currently slots at the eleventh position, right next to Jim Thome (another one of those 600-HR guys). Pujols has two more years under his ample belt than does Cabrera, and neither is done playing. (This probably is a decent place to note contract details: Pujols has four more years on his current contract, while Cabrera has at least six.) As with the home-run chase, so too with overall career value: Cabrera has a good bit of work to do if he’s to catch Pujols.
The book is not closed on either of these two great baseball stories. Pujols and Cabrera have yet to author their final chapters. The balance of their works likely are complete, however, and from that we can make educated predictions. Both have their high points and distinct achievements, but it looks like Pujols’ early peak will prove a little too high and too long for Cabrera to close the gap. Here’s hoping I’m wrong.
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 slow news week off, we’re back with the top sports-related legal stories from the past week:
Hockey head injuries: The NHL suffered another loss in the pretrial discovery process in the ongoing head-injury lawsuit between the league and a group of former players. Last month, the court ordered the public release of certain internal NHL communications and other documents, some of which contained embarrassing and damaging statements by team and league officials, including Commissioner Gary Bettman. Now, the court has mostly denied the NHL’s motion to force Boston University’s CTE Center to produce research documents and information about test subjects, although it will allow production of documents pertaining to deceased players whose families authorize the release of those records, as well as documentation of the Center’s public statements to the press regarding research on NHL players. The league responded by filing its opposition to the plaintiffs’ request for class-action treatment, arguing that there is not a scientifically established link between head trauma and “neurodegenerative” diseases like CTE. According to the NHL’s filing, “any causal relationship between head injury in contact sports and later-in-life development of CTE remains scientifically unproven.” The league also argued that it would be inappropriate to certify a nationwide class for a medical-monitoring claim, since the applicable laws vary on a state-by-state basis.
More hockey head injuries: With the NHL already embroiled in head-injury litigation, two of its teams, the St. Louis Blues and New Jersey Devils, now face another lawsuit filed by a former player, Mike Peluso, addressing the same situation. Peluso, an enforcer for the Blues and Devils (as well as the Blackhawks, Senators, and Flames) in the 1990s, alleges that the teams had actual knowledge of the medical risks of additional head injuries he personally faced, yet continued to encourage him to play and fight on the ice. According to Peluso’s complaint, which also names an insurance provider as a defendant, “This is not simply a case were [sic] defendants are alleged to know the link between head injuries and permanent brain damage. This is a case where defendants knew the link between Mr. Peluso’s head injuries and permanent brain damage because they had their own Board Certified Team Neurologist tell them that Mr. Peluso would have brain damage if they allowed him to continue to receive head injuries” and hid that information from him. The complaint also alleges that Peluso suffers from permanent brain damage and dementia and is permanently disabled. Peluso, now fifty-one years old, claims he engaged in 240 fights in his nine-year NHL career and suffered at least nine grand mal seizures. A member of New Jersey’s 1995 Stanley Cup-winning team, Peluso finished among the top-ten players in the league in penalty minutes in four of his nine seasons, leading the league in the 1991-92 season. Mike Peluso should not be confused with his cousin, Mike Peluso, who had a brief NHL career with the Blackhawks and Flyers in the early 2000s.
Football biometric data: The NFLPA and Whoop, a company that sells wearable fitness monitoring devices, have entered into an agreement in which Whoop will provide players with devices that track “strain, recovery, and sleep” and can transmit that data to Whoop’s web-based applications. As part of the agreement, the players will be able to customize the aesthetic design of their device for their own use and for retail sale. Significantly, the agreement grants each player ownership rights of all data his device collects. While headline-writers have feasted on the possibility (apparently authorized under the agreement) that players may sell their data in some manner, the real purpose of this deal likely is to stem growing concerns that it would be the teams or leagues that would own (and potentially misappropriate) players’ biometric data.
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:
Aaron Hernandez: This afternoon, a jury acquitted Aaron Hernandez, who played tight end for the New England Patriots and Florida Gators, of charges that he murdered two people in Boston in 2012. Hernandez already is serving a life term without parole for a 2013 murder. Despite the acquittal on the murder charges, the jury did convict Hernandez on a firearm charge.
St. Louis Rams: The City of St. Louis has sued the NFL and all thirty-two of its teams for losses related to the Rams’ departure to Los Angeles in 2016. The suit alleges that the team failed to make a good-faith effort to stay in St. Louis before leaving in violation of league rules. According to a public statement by the city’s mayor, the city spent a substantial amount of public money in the hopes of keeping the team, and it did so in reliance on the expectation that the team would comply with NFL team-relocation rules.
Baylor sexual assault:Earlier this year, 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. She 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 claimed that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. Now, the judge overseeing the case has largely denied the defendants’ motion to dismiss, narrowing the plaintiff’s emotional distress claim but otherwise allowing her case to proceed, calling the allegations “disturbing.”
Volleyball sponsorship: Kerri Walsh Jennings, who won three Olympic gold medals for the United States beach volleyball team, is suing the Association of Volleyball Professionals for breach of a sponsorship contract. Walsh Jennings alleges that AVP still owes her $150,000 on a $450,000 agreement despite her compliance with all of the contract’s terms. Part of the backdrop of this dispute may be another dispute between Walsh Jennings and AVP over whether she will play in AVP’s 2017 professional tournament.
NFL memorabilia: What purports to be new evidence in two 2014 lawsuits against Eli Manning, Steiner Sports (a memorabilia company with which Manning has a formal relationship), the Giants, and a team equipment manager alleging that the defendants worked together to sell collectors “game-worn” items that were not, in fact, game-worn emerged this week in the form of an email exchange between Manning and the equipment manager. In it, Manning requests “2 helmets that can pass as game used,” and the manager responded that he “should be able to get them for tomorrow.” The collectors who filed the lawsuits contend that this exchange proves that Manning knowingly provided Steiner with “fraudulent” items to sell to fans. The team now says the email exchange was taken out of context, and that its release now constitutes an attempt to defame Manning.
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.)
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.)