InDirecTV: A battle over television access to NFL games continues

Yesterday, the United States Supreme Court sat with a full bench for the first time since the passing of the long-tenured Justice Ruth Bader Ginsburg. Among other actions on Monday, the Court (Justice Amy Coney Barrett not participating) released an order in the antitrust lawsuit challenging NFL teams’ collective arrangement with DirecTV in which the former permit the latter to be the sole provider of live, out-of-market game telecasts through the NFL Sunday Ticket package.

On its face, the order is good news for those challenging that arrangement, because it allows their lawsuit to continue, letting stand a lower-court order that reversed an even-lower-court order that would have dismissed the challengers’ case.

But while the media coverage of yesterday’s order also noted the portion of the statement included with the order from Justice Brett Kavanaugh that the Supreme Court’s decision “should not necessarily be viewed as agreement with” the lower court’s decision to revive the case, I have not seen any further discussion of the entirety of Justice Kavanaugh’s statement, which goes much farther than what that out-of-context quotation might suggest.

More than a neutral, “we’re not saying one way or the other” comment, Justice Kavanaugh’s statement pours cold water on the hopes of those who saw this lawsuit as a vehicle to break up the NFL’s antiquated, frustrating, and expensive approach to delivering television access to its product. Most fundamentally, the statement suggests the possibility that the challengers may not have a right to bring their lawsuit at all: “This Court’s case law authorizes suits by direct purchasers but bars suits by indirect purchasers. The plaintiffs here did not purchase a product from the NFL or any team, and may therefore be barred from bringing suit against the NFL and its teams.” (Citations and internal quotation marks omitted.) And even if the challengers do have a right to sue, their claims may fail in substance if the NFL and its member teams are organized and operate as a cohesive legal unit:

Under the existing contract, the 32 NFL teams have authorized the NFL to sell the television rights for out-of-market games to a single buyer, DirecTV. The plaintiffs argue, and the Court of Appeals agreed, that antitrust law may require each team to negotiate an individualized contract for televising only its own games. But that conclusion appears to be in substantial tension with antitrust principles and precedents. The NFL and its member teams operate as a joint venture. And antitrust law likely does not require that the NFL and its member teams compete against each other with respect to television rights.

(Citations omitted.)

To be sure, these are the preliminary views of one justice on a nine-member court that might never see this case again. If the case does return to the Supreme Court, Justice Kavanaugh’s expressed concerns might not be relevant to the questions at issue for the Court at that time, or, if they are, they might not be shared by a sufficient number of his fellow justices to be consequential.

As the case heads back to the trial court, however, Justice Kavanaugh’s comments could prove influential and find their way into the analysis of a judge who already has shown some disinclination toward the challengers’ claims and, more certainly, the arguments of the league and teams.

DirecTV’s NFL Sunday Ticket package may survive this legal challenge, but the service separately is facing financial difficulties that could render the lawsuit practically moot. Five years after buying it for $49 billion, AT&T has been trying, unsuccessfully, to sell DirecTV as it hemorrhages subscribers, the rate of losses recently slowing only because it’s running out of subscribers to lose. With the NFL’s agreement with DirecTV set to expire in the next year or two, attrition rather than litigation might be the most fruitful course for those seeking more football-viewing options on Sunday afternoons. Stay tuned.

The week in “sports”: 4/17/20

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From the Got To Admit It’s Getting Better Department:

  • Baseball is back: Not everything is getting better, of course, and circumstances are continuing to worsen for many people in many places. For sports fans this week, though, a bright spot was the return of professional, regular-season baseball. The Chinese Professional Baseball League opened Wednesday with the Rakuten Monkeys hosting the Unilions (more formally, it seems, the Uni-President 7-Eleven Lions) in Taiwan. The game went into extra innings and ended with a walk-off solo homer (sound on) in the bottom of the twelfth to claim the Monkeys’ first win under their current ownership. The game was played without fans in attendance, though you may recall the Monkeys as the team that promised to fill its stands during this period with robot supporters (one of whom I think can be seen in the game-winning clip linked above). All that considered, the game atmosphere didn’t feel too sterile, though, thanks to the home team’s decision to pump in plenty of crowd noise, including chants and songs. There also were a half-dozen Monkeys cheerleaders– surely real humans and not Westworld hosts, even if we recently learned (minor spoiler alert) that the Delos park property likely is located on an island in the South China Sea– on hand to celebrate their team’s on-field achievements. It remains to be seen whether the CBPL season will continue as planned (the Monkeys beat the Lions again on Thursday, 15-3 in regulation) and eventually phase fans back into the seats, and it of course is unknown how they will respond if a player tests positive for COVID-19. For now, though, we can enjoy this moment of quasi-normalcy and hope that it proves to be a model adaptable to sports in North America in the near future.
  • iNoLongerRacing: After shouting a racial slur at one of his teammates during a live stream of a virtual race, NASCAR driver Kyle Larson quickly lost most of his sponsors, and then his team dumped him.
  • Golf’s precolonial study: We’re not talking literary criticism, although I tend to be critical of placing any weight on announcements that postponed events will occur at a future date given how little we understand about this disease and instead prefer to wait until the events, like the above-referenced CPBL opening day, actually happen. Even so, I am linking to this story about the PGA’s current plan to resume its season– sans fans– at Colonial Country Club on June 8 for three reasons: 1) of all sports, golf seems the easiest to play while abiding social-distancing requirements; 2) I needed another bullet point for this post; and 3) we’re still pretty desperate for good news in the sports world.
  • Eat your betting ticket: Major League Eating (a thing!) is taking wagers on a special eating contest featuring Joey Chestnut and seven other top competitive eaters to raise money for charity, and that’s all I feel like writing about that.
  • Coming up/Odd Odds: Speaking of large men and gambling, I’d wager it’s more likely than not that Marshawn Lynch is back on Westworld this Sunday, though I’ll leave it to the professional bookmakers to set the line on the number of different emotions that will be illuminated on his sweatshirt during the episode.

cpbl fans

The week in “sports”: 4/10/20

tillman winston

From the Hey, We’re Trying Department:

  • Sports were cancelled again: Amidst alternatively gloomy and pie-in-the-sky loony outlooks shared on the prospect of the near-term return of anything not horse racing and NASCAR videogaming, the best hope– really– this week was UFC don Dana White’s proposal to stage MMA fights on a mysterious private island. Promptly after that story broke, the UFC announced the cancellation of its next round of scheduled fights. It also turns out White & Co. don’t actually own that island just yet. Meanwhile, plenty of viral bluster from a couple of college football’s biggest mouths, Mike “I’m a Man” Gundy and Dabo “Dabo” Swinney; NASCAR’s iRacing coverage insists on consistently using a very annoying term with regard to Bubba Wallace (not going to link that one); and MLB’s floated plan to play its 2020 season in the summer in the desert with lots of players and staff but no fans and no player or staff family members hits some too-obvious roadblocks. Also, Al Kaline died. More on him in a forthcoming post, but if you feel like just packing it in and trying again for sports in 2021, I won’t blame you.
  • A college basketball champion was crowned: The 2020 NCAA men’s basketball national championship game would have been Monday night, and the young cyborgs at FiveThirtyEight determined that, had it been played, it would have featured Michigan State and Kansas, with the Spartans prevailing to claim their third national championship in program history. (I couldn’t bear to read that article, so I’m sorry if it’s the wrong link.) In case you have the desire to empty an entire bag of Morton System Saver salt into your March Madness wound, here’s the site’s full projected 2020 bracket.
  • Other news: Chris Johnson maybe had two guys killed? And the Masters twitter account is posting pretty pictures and video highlights in memory of what would have been Masters week 2020.
  • Coming up: Previews indicate that Marshawn Lynch will return in Sunday night’s episode of Westworld.

Surprise: One Fox News segment reminds me of another Fox News segment

We don’t really do politics around here, and mention of any of the major cable news channels tends to operate as mere verbal code for divisive political partisanship. Some of you reading this probably hate Fox News. I propose that even those of you who fall into that group would have to admit that there are producers working at that channel who have a sense of humor. Or maybe it’s just me, the person who always thought The Colbert Report wasn’t as funny as its parodied target, The O’Reilly Factor.

If you’re still with me, enjoy this segment from last night’s The Ingraham Angle, “Millennial Vaper Faces Off With Doctor“:

The segment instantly reminded me of one that aired on Fox News Live twelve years ago:

Laura Ingraham closed out last night’s vaping debate by saying, “We’re going to check in with Tommy Smokes in about six years and see how he’s doing.” If you have the same questions about Lydia and Craig from the streaking segment, which aired in 2006, I’m happy to report that one’s a published author and the other is a surgeon.

Addressing the sports consequences of the Disney-Fox deal

20th-disney-simpsons-e1510342465296

As highlighted in this week’s Sports Law Roundup, Disney and Fox are entering into a doozy of a media deal that involves everything from movies to television shows to streaming platforms to sports programming. This transaction has Star Wars components, Hulu components, and Simpsons components that, rightfully, are making headlines. It would not be surprising, however, if some of the most visible changes for viewers that result from this asset purchase, for which approval by various supervisory entities remains pending, come for consumers of sports media.

In an article out today, Will Leitch sheds some light on how this sale may affect the sports-media landscape:   Continue reading

Sports Law Roundup – 12/15/2017

aslr

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.

DirecTV will refund NFL Sunday Ticket subscribers who cancel due to player protests and possibly for other protest and protest-protest-related reasons

This afternoon, the WSJ reported on a new policy under which AT&T’s DirecTV, the exclusive provider of the NFL Sunday Ticket package that allows viewers to watch out-of-market NFL games otherwise unavailable due to the league’s regressive approach to broadcast rights, will grant user refunds:

DirecTV is allowing at least some customers to cancel subscriptions to its Sunday Ticket package of NFL games and obtain refunds, if they cite players’ national anthem protests as the reason for discontinuing service, customer service representatives said Tuesday.

Under Sunday Ticket’s regular policy, refunds are not to be given once the season is underway. But the representatives said they are making exceptions this season—which began in September—because of the controversy over the protests, in which players kneel or link arms during the national anthem.

Mark Hoffman, a longtime subscriber to Sunday Ticket, which gives sports fans the ability to watch every Sunday game, said in an interview he was able to cancel his subscription on Monday. The package costs around $280 per-season.

“I honestly didn’t think I’d get a refund,” Mr. Hoffman said. “I know their guidelines, I just wanted to make a point.” Mr. Hoffman, a former business editor at the Milwaukee Journal Sentinel, said he made his case successfully to a customer service representative after sitting through a recording saying cancellations weren’t an option.

Intrigued, I wondered whether DirecTV would offer refunds to subscribers who want to cancel because of the historic rise in penalty calls that is making this season’s games nearly unwatchable. And what about those who now want to cancel in protest over DirecTV’s policy of providing refunds to subscribers who cancelled to protest the players’ protest? According to DirecTV, all of those options may be on the table:

directv nfl sunday ticket protest

I generally support any policy under which users can receive refunds for sports-broadcast services they’ve already purchased, and the more absurd and tangential the reason for the refund request, the better.

Just in time for the end of the MLB season, the best baseball TV show is live on the internet

starting 9 brian wilson

To be fair, there isn’t a large volume of competition in the daily live MLB television show category. By my count, the established programs are MLB Network’s “MLB Tonight,” FS1’s “MLB Whiparound,” and ESPN’s “Baseball Tonight,” all of which essentially compete to be the first choice in baseball wallpaper.

Enter “Starting 9,” a Barstool Sports production that debuted last week and already has surpassed all of its major-network competitors in every facet. None of those shows sniffs the “appointment-viewing” descriptor, which applies to “Starting 9.” It’s the perfect show for baseball fans in both content and delivery. The show airs live Sunday through Thursday at just the right time– 11:00 pm on weeknights, right after East-Coast games have ended, and 6:00 pm on Sunday, between the end of the afternoon games and the start of the primetime ESPN game– and runs for just the right length of time, about twenty minutes per episode. Adding to the convenience is the fact that “Starting 9” streams on Facebook Live and Periscope, allowing the audience an easy second-screen viewing setup.

Although it’s a web-based show, “Starting 9” looks like a show you’d see on a big sports television network thanks to shiny graphics (the 1990s Donruss baseball card visual reference is a particularly nice touch) and a license to air MLB game highlights. “Starting 9” isn’t on a big sports television network, though, which means its hosts– Jared Carrabis; former Oakland Athletic and ESPN broadcaster Dallas Braden; and, at least for the first week, former San Francisco Giant Brian Wilson– are uncensored and unfiltered, leading to a much more natural conversation. It’s everything PTI is supposed to be but never can be.

The hosts have an easy rapport that flows from the homonymous podcast Carrabis and Braden began hosting a month ago, which featured the not-shy Wilson as its first guest. Carrabis has been writing about the Boston Red Sox and baseball generally at Barstool for years, and the site hired Braden (who once pitched a perfect game, in case you hadn’t heard) after ESPN cut him loose in their big round of layoffs this spring.

The show’s first week demonstrated an impressive ability to synthesize the day’s baseball stories, some of which happened just moments before the show went live, into a well-rounded blend of on-field highlights, fan interactions, and other news and happenings that ranges from the serious to the silly.

The benefits a live show were on display during last night’s episode, in which Carrabis and Braden were able to discuss J.D. Martinez’s four-homer game, which was happening during the show.

Last night’s episode also was the first without Wilson, whose absence was noted at the opening. It will be a small disappointment if he is not a regular part of the show going forward, as appears to be the case, since he provides a good compliment to Braden, who can be a little too bombastic at times.

One thing that does not seem to be a problem for “Starting 9” is audience size. Facebook Live viewership during the first week hovered between eight hundred and 1,200 at a given moment, and the Periscope numbers were bigger: I saw anywhere 50,000 to over 100,000. The episodes remain archived on Facebook and the Barstool site itself as well, convenient for those who aren’t able to watch live.

Although the 2017 regular season is nearly over, I suspect that “Starting 9” will continue in some capacity during the playoffs, and I look forward to having it as a part of my baseball routine in the future.

Saving Detroit: A bad time for a bad season

For the Detroit Tigers, dark clouds have been looming on the horizon for long enough that a down season like the one they’re having now (57-73, .438) has not come as a complete surprise. That this was, in some sense, foreseeable– even if not entirely avoidable– doesn’t necessarily make it more palatable.

It’s no mystery that one of the Tigers’ most significant structural issues is the fact that they have a lot of their payroll resources tied up in a few large, long-term contracts with older players who are past their respective primes. As I observed at the beginning of last season, though, 2018 represents an important break point in the team’s present financial structure. There are two reasons for that: 1) some of those large contracts come off the Tigers’ books in 2018, and 2) the team’s current television deal with Fox Sports Detroit expires. It’s that second part that holds real financial potential:

Baseball might not grip the nation the way it once did and the way football now does, but the sport is extremely popular on a local level, making teams’ local broadcast rights as valuable as ever. The increasing price of these contracts means that the only thing better than a rich television contract is a new television contract. New television contracts are the things of which dreams are made– assuming you dream of signing a Zack-Greinke-caliber player or two.

Thus, the good news for Detroit: right about the time things could start to get ugly, payroll-wise, the team will be signing a new TV deal. Their current agreement, with Fox Sports Detroit, expires in 2018. As this Crain’s Detroit Business article highlights, the team has a few options, including negotiating an extension with FSD. It also could attempt to negotiate an ownership stake in whichever broadcast network it partners with going forward, something roughly half of the MLB clubs have done.

Team ownership and management may be seeing dollar signs after watching their rivals receive massive broadcast deals worth a billion dollars or more. Here is a portion of a FanGraphs table from 2016 showing the value of all of the MLB team television contracts signed since the Tigers executed their current TV contract in 2009:

mlb tv contracts

Of those teams for which the contract value is known, only Cleveland, Minnesota, and Colorado have reached television deals paying them less than a billion dollars, and all of the MLB television contracts signed since 2014 have been for at least $1 billion. Tigers leadership undoubtedly will be pointing to all of those recent deals in the negotiations with FSD (or another potential broadcast partner).

The bad timing of the team’s on-field struggles comes into play here too, though. After a decade of top-tier competitiveness, the 2017 Tigers won’t even sniff the wild-card chase, and everybody knows it. That probably explains why no team saw a larger relative drop in television ratings this season:

In terms of actual ratings, this isn’t the catastrophe it might appear to be, as the Tigers had been performing well, ratings-wise, in recent years. The eve of broadcast contract negotiations obviously isn’t the best time for a big dip in performance and ratings, however. One wonders whether, in light of the importance of these contracts, the team should have worked on a new TV deal a few years ago or should have instead triggered the inevitable rebuild a few years earlier in order to be able to make a more credible presentation of an upward-trending team in 2018.

Of course, it takes two to reach a meeting of the minds, so it’s possible the Tigers tried to get a jump on this during the winning days but weren’t able to make any headway with FSD at that time. It also is possible that these year-to-year fluctuations matter less than we outsiders think. Regardless, as we look toward the next era of Detroit Tigers baseball, the team’s new television contract will play as much of a role in shaping that next era as any current or future player contract.

______________________________________________

Previously
Jordan Zimmermann takes tennis lessons – 8/20
Tigers Notes, 8/8/17
– 8/8
Decoding the Upton Myth
– 8/2
Even the umpires just wanna go home
– 7/21

Yo, a J.D. Martinez trade comp – 7/19
Martinez trade triggers premature referendum on Avila – 7/19
Michael Fulmer has righted the ship
 – 6/27

Tigers in Retrograde – 6/19
Fixing Justin Upton
 – 5/31

Soft in the Middle Now – 5/30
Reliever Relief, Part 2 – 5/11
Reliever Relief – 5/8

Related
Statements both obvious and only slightly less obvious about the Detroit Tigers’ finances

Sports Law Roundup – 7/7/2017

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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.

After a break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.