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.

Sports Law Roundup – 12/9/2016

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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 defamation: On Thursday, former Baylor head football coach Art Briles sued three Baylor regents and the university’s senior vice president and CEO claiming that they defamed him by stating that he had knowledge of sex crimes reportedly committed by his players and failed to provide that information to proper authorities. In addition, Briles alleges that the officials sought to prevent him from securing another coaching position elsewhere. He also included a claim for intentional infliction of emotional distress, and, in total, seeks unspecified damages in excess of $1,000,000. Here is a picture of Briles’ longtime attorney, Ernest H. Cannon, riding a horse at a rodeo.
  • Football player suspension challenges: In related stories covered in this space last week, two NFL players represented by the same Ohio law firm launched collateral attacks on the NFL/NFLPA collective bargaining agreement targeting alleged procedural deficiencies in the suspension-appeal process after both were suspended for drug violations. The NFL and NFLPA now have taken action in one of those cases by appointing a third arbitrator to hear a rescheduled appeal by Green Bay Packer Mike Pennel. The absence of a third arbitrator is central to the claims Pennel raised in the lawsuit he filed in Ohio federal court. In connection with that suit, Pennel also sought a temporary restraining order, which the responsive actions by the league and union were designed to moot. On Tuesday, Pennel agreed to drop his lawsuit in exchange for a reduction– from ten games to four– in his suspension, which will allow him to play in the postseason should his Packers secure a playoff berth. (Pennel’s attorneys also represent Philadelphia Eagle Lane Johnson, who filed similar complaints with the National Labor Relations Board and U.S. Department of Labor around the same time Pennel filed his lawsuit.)
  • Student-athlete classification: The United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The trial court granted a motion to dismiss the defendants– the NCAA, Penn, and more than 120 other NCAA member schools– filed, and the appellate court affirmed. The court agreed that dismissal as to the non-Penn defendants was appropriate because of a lack of standing; the plaintiffs had attended only Penn and had no basis to recover wages from any school they didn’t attend. The court also agreed that dismissal was appropriate as to Penn, because the plaintiffs had failed to state a claim for relief from Penn. Noting the “revered tradition of amateurism in college sports” and the weight of judicial and regulatory precedent holding that student-athletes are not employees, the court concluded that the FLSA does not apply to student-athletes. While many disagree with this outcome, it is consistent with the original meaning and purpose behind the “student-athlete” designation. (In a concurring opinion, Judge Hamilton cautioned against broad application of the court’s decision, noting that the plaintiffs participated in a non-revenue sport– track and field– for a school that does not offer athletic scholarships, and suggested that he might have voted differently had the plaintiffs been student-athletes on athletic scholarship in a revenue sport.)
  • Hockey head injuries: A group of former NHL players suing the league for its alleged failure to warn them of known risks of head trauma now have requested class certification in that case for two classes of former players based on the different measures of relief sought: damages for those already diagnosed with neurological injuries and medical monitoring for others. Attorneys from a number of large law firms, including Skadden Arps Slate Meagher & Flom, are representing the NHL in this case. Skadden is the anchor tenant in a new commercial real estate development in Manhattan that also will be home to the NHL’s offices when it opens in 2019.
  • Minor League Baseball lobbying: MiLB has created a political action committee in order to boost lobbying efforts. The impetus for this move likely is the class-action lawsuit minor-league players filed alleging that their compensation violates federal wage and hour laws and the leagues’ attempt to snuff out that suit by way of congressional action. The proposed Save America’s Pastime Act would create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections. There has been essentially no action on the bill since Rep. Brett Guthrie of Kentucky introduced it in June, leaving plenty of time for MLB to say dumb things about it.
  • Soccer ban: The Court of Arbitration for Sport denied former FIFA president Sepp Blatter’s request to overturn his six-year ban from all national and international soccer-related activity and fine of 50,000 Swiss francs for his involvement with bribes and kickbacks during his leadership of FIFA.
  • Canadian Super Bowl commercials: There is a thing in Congress called the House Northern Border Caucus, and four of its members, representing districts in North Dakota, New York, and Washington, sent a letter asking the Canadian government to reverse its decision to block Canadian advertisers from running commercials on the Canadian broadcast of the Super Bowl. Canadian broadcasters used to have an agreement with the NFL that allowed Canadian commercials on the Canadian broadcast of the game, but, in 2015, Canadian regulators changed course in response to viewer demands to see the popular American commercials that run during the game. Canadian broadcasters and advertisers and the NFL, which is losing out on Canadian advertising revenue as a result, all oppose that change. The company that holds the Canadian broadcast rights to the Super Bowl, Bell Media, also has sued the regulatory body in an attempt to reverse the policy.
  • Hockey logo: Things are off to a rough start for Las Vegas’ first major professional sports team after the U.S. Patent and Trademark Office denied the Golden Knights’ registration application, citing a “confusing[] similar[ity]” to a mark registered by the College of Saint Rose. Arguable visual similarities aside, I didn’t even know there was a Saint Rose, much less a College of Saint Rose, and I certainly didn’t know the school’s mascot is the Golden Knights, and neither did you, which means that, however similar these marks might be, the likelihood of confusion here is very low. This likely is little more than another instance of the USPTO seeking a moment in the sports sun.
  • Gambling: The nation of Antigua and Barbuda has issued a threat to the United States if the U.S. does not meet a year-end deadline to comply with a 2003 World Trade Organization order ruling that American online sports betting and gambling laws violate international law. If the U.S. does not comply with the WTO order, which also carries an annual noncompliance penalty of $21 million and has accrued to over $250 million, Antigua and Barbuda intends to suspend intellectual property protections for Americans, effectively permitting Antiguans to establish websites hosting royalty-free downloads of American IP (e.g., books, music, movies, television programming, etc.).
  • Baseball ambassador: Bobby Valentine, former MLB player and manager of the Mets and Red Sox, reportedly is under consideration by president-elect Donald Trump for the position of ambassador to Japan. Valentine, who currently serves as athletic director at Sacred Heart University, is popular among Japanese baseball fans thanks to two successful stints as manager of a professional baseball team there.

Sports court is in recess.

Sports Law Roundup – 12/2/2016

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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:

  • MLB CBA: Shortly before the December 1 deadline, MLB and the MLBPA reached agreement on a new collective bargaining agreement that will govern the sport for the next five years.
    2016-mlb-cba
    Details still are emerging, but early analyses are labeling this round of negotiations another win for ownership. (Others see it as a mere “setup for war in 2021.”) One of the most visible changes fans will notice is that the All Star Game no longer will determine home-field advantage in the World Series; instead, that perk will go to the team with the better regular-season record. Another aesthetic change: no more chewing tobacco (although current players are free to chaw down; the ban only applies to new players as they enter the league). Following in the NFL’s footsteps, MLB has indicated plans to play a regular-season game in a foreign country, possibly England or Mexico, as soon as 2018.
  • Football player suspension challenges: Lane Johnson, a fourth-year offensive tackle for the Philadelphia Eagles who is serving a ten-game suspension following a second failed test for performance-enhancing drugs, has challenged his suspension by filing complaints against the NFL and NFLPA with the National Labor Relations Board and U.S. Department of Labor, alleging that the suspension procedure violated his rights under his employment contract and federal labor law. While the filings currently are not public, Johnson’s challenge appears, based on a statement from his lawyer, to be a collateral attack on the collective bargaining agreement itself: “During Lane’s appeal, it became apparent that the written words in the collectively bargained Performance-Enhancing Substances (‘PES’) Policy, under which Lane was disciplined, are meaningless. The NFL and NFLPA have undermined these protections leaving the players — including Lane — with a hollowed-out process devoid of any protections.”
    Faced with a similar situation, Mike Pennel, a third-year defender for the Green Bay Packers, is challenging the adequacy of the suspension-appeal procedures by filing an action in federal court. Pennel’s allegation is that the use of only two arbitrators, rather than three, for his appeal hearing violated the league’s substance-abuse policy.
    Both Pennel and Johnson are represented by the same law firm, Ohio-based Zashin & Rich.
  • NBA arena: A court’s denial of two citizens’ organizations’ petitions will allow construction to proceed in San Francisco on a new, privately financed, $1 billion arena for the Golden State Warriors. The groups had sought to block the project because, in their view, the city’s environmental analysis was insufficient, specifically including an allegation that increased traffic would interfere with the operation of the nearby UCSF hospital. The Warriors will leave their current home in Oakland to begin play in the new San Francisco arena in 2019.
  • Sharper sentencing: A judge sentenced longtime NFL safety and serial rapist Darren Sharper, previously most famous for playing fourteen seasons for the Packers, Vikings, and Saints, and for his supporting “role” in this viral video, to twenty years in prison as part of a plea bargain in which Sharper admitted to drugging and raping women in four states. Sharper, whose victims number more than a dozen, previously pleaded guilty in a federal trial for drugging three women so he could rape them and is appealing the eighteen-year sentence he received in connection with that plea.
  • Inmate phone calls: Former Florida Gator and New England Patriot Aaron Hernandez, who is incarcerated in Massachusetts following his conviction for murdering one person and being charged with multiple additional murders, has sued Securus Technologies, one of the largest providers of inmate telephone services. Based on media reports of a Securus data breach, Hernandez’s suit alleges that the company failed to protect privileged and confidential information, such as telephone calls between Hernandez and his lawyers.
  • Whistleblowing coach: A judge awarded former Penn State football coach Mike McQueary an additional $5 million Wednesday after determining that the school terminated his employment as a result of his testimony against other PSU officials who failed to act in response to McQueary’s report on child sexual abuse by another football coach. McQueary previously won $7.3 million in a jury trial on claims related to the university’s investigation of the assault and its related defamation of McQueary. (Yes, the PSU community really did attack McQueary for reporting a football coach’s child sexual abuse. Four years later, that community appears to be as delusional as ever.)
  • Football painkillers: In an update to a story previously highlighted in this space, a judge has ordered Dallas Cowboys owner Jerry Jones to sit for a deposition in a lawsuit by former NFL players alleging that teams irresponsibly dispensed painkillers to their players in order to keep them on the field, granting a discovery victory to the players. The victory was a partial one, however, because the judge denied the plaintiffs’ request to depose Jim Irsay, the owner of the Indianapolis Colts, famous guitars, and a personal history of painkiller abuse.
  • Super Bowl hotel rooms: Marriott has emerged victorious in a contract dispute with a sports travel agency after a judge ruled that the hotel chain was not bound by its obligations to the agency to provide 300 rooms for the Super Bowl in Houston, because the agency, in selling 240 of the rooms to another broker, violated a no-transfer provision of the agreement with Marriott. When Marriott cancelled the contract, the agency sued, accusing Marriott of violating their contract in order to pursue a more lucrative opportunity with the NFL and alleging that Marriott knew of the agency’s practice of reselling rooms. Even if that was true, the judge explained, the no-transfer clause was clear, and the agency could not enforce a contract it had breached.

Sports court is in recess.

How to watch and listen to Super Bowl 50

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It’s almost time for the Super Bowl! Kickoff for Big Game Fifty is at 6:30 pm Eastern on Sunday, and, as further explained in my latest post at TechGraphs, you can watch it on your television, for free online, and streaming on certain mobile devices. You also can hear it on conventional and satellite radio. In addition, comedy duo Key & Peele will be running a live, unauthorized commentary stream during the game.

All of the details are in the full post here.

Super Bowl XLIX Preview

It’s like Publix, but more restrictive. Unless Bdoyk drops by to rep her Patriots, we’re going to be light on the Super Bowl previewing for this season. Part of the reason I think it’s hard for impartial fans to be excited about this game is that the ancillary trappings finally seem to have swallowed the game itself. Ray Rice. Adrian Peterson. Deflated balls. The media on Marshawn Lynch not wanting to talk to the media. The NFL making like 1Ls on a torts exam trying to concoct some way to fine Lynch for his media day appearance. Head injuries and premature player deaths. Even the abysmal NFC South. To say quite possibly the least, this hasn’t been the most fun or intriguing NFL season.

As a result, ALDLAND’s Super Bowl XLIX preview will consist of the following:

Get excited.

The Super Bowl starts at 6:30 pm on Sunday.

ALDLAND Podcast

What an exciting time in sports! The Super Bowl has just concluded and the Olympics are kicking into gear. And that’s not even including tonight’s lead story, which is the most exciting sports thing to happen since ever. And it’s not all just sports tonight. There is also extensive discussion of Sochi bathroom hypotheticals. So plug those headphones in and press play.

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

Comprehensive Super Bowl XLVIII Preview

As you can see from the above graphic, this year’s Super Bowl, already dubbed the Snow & States’ Marketing Rights Bowl, pits New York against New Jersey in a battle for subpar beach superiority. You do not have subpar taste, however, because you’re reading ALDLAND’s Super Bowl preview, the only one you’ll need to prepare yourself for the game on Sunday. What follows is a compilation of the most interesting, entertaining, and essential Super Bowl XLVIII content, concluding with the least interesting, entertaining, and essential Super Bowl XLVIII content, my game prediction:

  • First and most important: the game begins at 6:30 Eastern on Fox.