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 – 5/5/2017

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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:

  • NBA profiling: In 2015, Mike Scott, then a member of the Atlanta Hawks, and his brother were pulled over and subsequently arrested after a search of their rented vehicle turned up marijuana, ecstasy, and $1,684 in cash.  The deputy sheriff who made the stop later was found to have been racially profiling drivers as part of a forfeiture scheme and placed on administrative leave. Records provided by the Scotts’ attorneys show that the deputy sheriff “pulled over more than 1,400 vehicles in 2015 and 2016 but issued only eight traffic citations. He also arrested 47 people, at least 44 of whom were minorities.” As a result of the profiling, the judge overseeing the Scotts’ drug case this week threw out the key evidence against the defendants.
  • Baseball broadcast settlement: In early 2016, MLB settled a fan antitrust lawsuit targeting the league’s television blackouts and other components of its broadcast system. While the blackouts survived, the fans did win reduced-price single-team subscription options for MLB.tv (I am a subscriber, to varying degrees of satisfaction), as well as a price reduction for the full MLB.tv package. The agreement also included a component that would allow MLB to raise prices in the future in exchange for providing more live streams of in-market games by 2017. That component now is at issue in a new motion filed by the fan group demanding that the court enforce the terms of the settlement agreement. The fans allege that MLB raised prices without the required corresponding in-market streaming increase. They concede that the league may have agreements in place with local television providers to provide the in-market streams, but, the fans argue, “the obvious purpose of the settlement was not that ‘agreements’ of some kind be reached, but that the actual games be available.” The fans also argue that, contrary to what they were promised, MLB has failed to make the “follow your team” game broadcasts available when the selected team is playing the team based in the fan’s local broadcast market.
  • Cheerleader wages: The Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, have reached a $250,000 settlement of Herington’s proposed class action lawsuit that provides for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. While not insubstantial, the Journal Sentinel notes that Milwaukee’s $250,000 settlement amount is less than what other teams– for example, the Oakland Raiders ($1.24 million), Tampa Bay Buccaneers ($825,000), and Cincinnati Bengals ($255,000)– have paid to resolve similar lawsuits. Upon learning that Herington was wavering on whether to agree to the settlement, her lawyer, who wanted her to accept the deal, reportedly was overheard telling her that “it’s a Bucks dancer’s choice my friend, better take my advice.”
  • Minor League baseball wages: As predicted two months ago, the court overseeing  the minor-league baseball players lawsuit against MLB for higher wages and overtime pay will permit the parties to appeal its recent ruling certifying the case for class-action treatment. In doing so, the court also decided to stay the case pending resolution of the class-certification issues by the appellate court.

Sports court is in recess.

ALDLAND Archives: Is the Worldwide Leader not long for this world? Imagining the end of ESPN

ESPN is in the midst of a significant layoff of on-air talent this week, and most of the casualties’ names are coming to light today. The cuts are leading many to ask some fundamental questions about the network’s future. Below, from the past, a potential answer to one such question.

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Is the Worldwide Leader not long for this world? Imagining the end of ESPN

December 7, 2015

My latest post at TechGraphs asks a simple question: why does ESPN still exist?

The full post is available here.

MLB in retrograde

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I’m not always the quickest to notice changes in my surrounding environment, including the baseball component thereof, and I’ve had a lot (of really good things) going on that have necessarily kept me from fully jumping into the still-young MLB season thus far. Last night, I had a little window, though, so I dialed up the Tigers and Rays on MLB.tv, only to be met with a video-streaming brick wall. After a couple hours with tech support, I discovered that MLB Advanced Media (“MLBAM,” which produces MLB.tv) had discontinued service to the device model– a Lenovo tablet running Android– I’d purchased last year for the sole purpose of running MLB.tv. I have cancelled my subscription and demanded a refund.   Continue reading

Jim Leyland still isn’t buying media narratives

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If you’ve missed hearing Jim Leyland’s gravely voice churning up prefabricated media narratives like rocks in a cement mixer, then do not miss the MLB Network special on Leyland, which airs tonight at 9:00 Eastern.

In advance of the program, Leyland appeared today on MLB Network’s High Heat, refusing to take the bait as host Christopher “Mad Dog” Russo persistently and loudly (as expected) ran Leyland through some of the tougher moments in his more than twenty years as a major-league manager.

For me, Leyland, with his lovable disdain for the media, memorable battles with umpires, smoking of Marlboro Reds, and the mutual affection between him and his players and assistant coaches, is an essential part of the recent stretch of Detroit Tigers success, and he means a lot to the Marlins and Pirates communities too. The mere mention of a Jim Leyland special probably is enough to send most baseball fans to their televisions or DVRs, but if you’re on the fence, here’s the preview video, which includes this shot:

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Plus this guy(!):

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This is going to be a good show no matter what, but I will be a little disappointed if we don’t get to see Leyland singing (or not singing) or talking about his sweet pre-game ritual or post-game dancing.

Erin Andrews says the NFL enforces an in-game press embargo

Erin Andrews, an NFL sideline reporter for Fox, told Stephen Colbert last night (4:37 mark of the above video) that she is not allowed to report actual comments she hears from players or coaches.

“I hear the craziest things you could ever imagine,” Andrews said, explaining that she wished she could report them, but “the NFL doesn’t allow that.” Instead, she said, she is required to “paraphrase” what she hears in very general terms. Andrews wouldn’t elaborate on potential consequences of such reporting, saying only that “it’s just a rule, as a sideline reporter, I cannot repeat verbatim what I hear on the sideline.”

No sports entity is more interested in image control than the NFL (although execution sometimes is a different question), so it’s not shocking that Roger Goodell would have a gag order in place to keep what he undoubtedly sees as his reporters from relating to the public the actual comments of what he undoubtedly sees as his players.

This really shouldn’t come as a surprise if you recall the story that broke over the summer, when the league dictated to NBC which announcers the network was required to use on its Thursday and Sunday night broadcasts.

In the professional football world, the NFL Network is state-run media, obviously, but little leaks like the NBC Al Michaels/Mike Tirico story and Andrews’ revelation last night serve as gentle reminders that, for the NFL, there is no such thing as an independent press.

Sports Law Roundup – 12/16/2016

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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:

  • NBA CBA: Like baseball, the NBA has a new collective-bargaining agreement. Full details are not yet public, but it appears there will be salary cap and luxury tax changes, as well as an increase– from thirteen to fourteen– in the number of guaranteed roster spots for each team. The league also has agreed to shorten the preseason and expand the calendar length of the regular season without increasing the number of regular season games. One aspect that will not change is the manner in which the players and owners divide basketball-related income. The players conceded roughly seven percent (approximately from 57% to 50%) during the last lockout in 2011.
  • NFL concussion settlement: Earlier this year, the NFL settled a class-action lawsuit brought by former players seeking compensation for ongoing problems related to head injuries suffered during their professional football careers by agreeing to provide a fund to compensate former players for the next sixty-five years. The U.S. Court of Appeals for the Third Circuit affirmed the settlement, but a small subset of the class members– approximately thirty of 22,000– were dissatisfied with the settlement, believing it was underinclusive because it did not provide relief for former players who develop CTE, the disease found in people who suffer from repeated brain trauma that, at this time, is not detectable while the player is alive. Seeking further review of the settlement, these plaintiffs petitioned the Supreme Court. On Monday, the Court declined to grant their petition, leaving in place the Third Circuit’s ruling. It is unclear whether these objecting plaintiffs have any further recourse, though they likely are watching the new lawsuit highlighted in this space last month that specifically addresses CTE.
  • Student-athlete classification: As discussed here last week, 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. Now, those students plan to request en banc review, meaning that they will ask the full panel of Seventh Circuit judges to reconsider the decision. (Federal circuit courts typically hear cases in three-judge panels, even though more than three judges make up each of the federal circuit courts. Aside from an appeal to the Supreme Court, which may not even be accepted, the only way to reverse a circuit court ruling is to ask the full court to do so.) The plaintiffs contend that the amateur aspect of collegiate athletics the ruling noted is not pertinent to an FLSA analysis, and that the Seventh Circuit’s decision “conflicts with decisions in this and other circuits on employee status.”
  • Raiders stadium: In an apparent attempt to keep the Raiders from moving to Los Angeles or Las Vegas, the Alameda County Board of Supervisors voted to support the building of a new football stadium in Oakland that– unlike the new basketball arena being built for the NBA’s Warriors that will relocate them from Oakland to San Francisco–  would be funded, in significant part, with public money. The Board’s vote does not guarantee that the Raiders will stay in Oakland.
  • Rams fans: St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles now have requested class-action status. The plaintiffs are seeking a variety of forms of relief, including reimbursement for tickets and concessions. A judge already has ruled that some of the plaintiffs who want the team to continue to honor the licenses by allowing the St. Louis fans to purchase season tickets at the team’s new home in L.A. are entitled to do so.
  • NFL broadcasting: The plaintiffs in an antitrust lawsuit targeting NFL Sunday Ticket, the product of the exclusive agreement between the NFL and DirecTV for the television broadcasting of out-of-market NFL games, won an apparently significant victory when Fox and CBS agreed to produce documents evidencing their own Sunday-Ticket-related agreements with the league and DirecTV in connection with a judge’s discovery order. The NFL contends that the plaintiffs have failed to allege an antitrust violation because the NFL can decide how to broadcast its games, and the Sunday Ticket package represents an addition to viewers’ existing options (i.e., the one or two games available each Sunday afternoon on Fox and CBS, plus the national Thursday/Sunday night/Monday night broadcasts) rather than a restriction.
  • Secondary ticket market: The President has signed the BOTS Act, a bill that expands the authority of the Federal Trade Commission to regulate the online secondary market for event tickets. The new law seeks to prohibit “ticket bots and other online tools that deliberately circumvent security protocols limiting or restricting online ticket purchases.” Here’s hoping this law will provide a more meaningful benefit to sports fans than the NFL’s practically meaningless agreement to end its league-wide imposition of a price floor on game tickets sold on the secondary market.
  • Formula One acquisition: Liberty Media, the company that owns the Atlanta Braves, will acquire auto-racing series Formula One for $4.4 billion. According to a reputable source, F1 cars are the fastest in the world among road-course racing cars.
  • MLB CBA: I wrote about the new CBA in this space after the league and players union reached their agreement on November 30. Now we have more information about the particularities of the agreement, and this analysis provides a helpful overview. We also learned that the Tampa Bay Rays were the only team to vote against approving the agreement. In a public statement, the Rays’ general managing partner made reference to an “opportunity [that] was missed” to “address the extraordinary and widening competitive gap that exists on-field between higher and lower revenue clubs.”

Sports court is in recess.

Mike Leach Prefers Solo Cougars

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We all know Washington State head football coach Mike Leach to be a sensible and worldly man, and that’s true even when it comes to the selection of his team’s captain. In an age when most teams send out four or more captains (plus honorary captains) to handle the game’s preliminary procedural matters, Leach prefers a simpler and more direct approach:

Makes sense to me. According to contemporary reports, Morrow readied himself for the show like the future D-I football captain he would become by watching lots of film: “Jamal did not come to the show unprepared. A week prior, he watched every Price is Right episode he could get his hands on.” He ended up winning “almost $2,000 worth of clothes.” (If you’re a TV weirdo, here‘s some kind of hyper-detailed breakdown of the episode.) The NCAA investigative report on whether this constituted an improper benefit remains outstanding.

At this time, our staff has been unable to locate video of Morrow’s appearance on “The Price is Right,” but we did find this visual still and commend Morrow’s attire.

Morrow took the over on the price of a Toyota Corolla on the show in 2013 and the over on his BAC in his own car in 2016.

Our staff also has been unable to locate coin toss results for the 2016 season, but, under Leach and Morrow, Washington State has won five games in a row and is undefeated (4-0) in conference play. Only two currently ranked opponents– Colorado and Washington– remain on their schedule. They play Oregon State this Saturday night on ESPN2.

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Previously
Mike Leach: Prospective time traveler
Mike Leach officially ushers in the 2015 college football season
Cougar dating tips from Mike Leach
Mike Leach Favors Cougars

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

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By now, everyone knows The Narrative governing all things Detroit Tigers baseball: the team needs to Win Now because they have lots of money locked up in a few long-term player contracts, and, as those players age, the team’s Window Is Closing. And it’s true: the team has some expensive contracts on the books. Here’s a rough visual, created from the data available on Baseball-Reference:

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(Click here for an expanded view.) Besides noticing that I have not recently viewed Anibal Sanchez’s player page, you can see that a number of today’s already-very-familiar Detroit baseball faces are likely to remain as such for a number of additional seasons, and at significant cost to the team. This is known and obvious. That this aggregated fact has real and, on balance, probably adverse consequences for the team’s future– the ability to re-sign J.D. Martinez comes to mind– also is, if less precisely quantifiable, known and obvious.   Continue reading

Bill Simmons launches new site with help from Tom Izzo

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Bill Simmons is back. The Sports Guy’s post-Grantland project, The Ringer, launched today. Although the site has had a social media presence for a few weeks (and Simmons’ now-eponymous podcast returned before that), action really got underway this morning, when Simmons publicly announced a number of the new website’s hires, and continued this afternoon, when he released the site’s first email newsletter.

The newsletter is The Ringer’s first substantive textual offering. It begins with a Simmons monologue on the name-selecting process for the new project, followed by a timely NCAA tournament article that leads with a nice picture of Tom Izzo and Denzel Valentine. (Bold prediction contained therein: “Sparty is going to be a tough out.”)

After that comes a Game of Thrones season preview, because this is the internet, after all, and the newsletter closes with a list of the three best-dressed people on Billions, which I just used Google to learn is another television show.

If The Ringer is reminding you of Grantland, that could be because of the substantial overlap in the two sites’ subject areas– basketball and premium-network television– and staff– including Katie Baker, Jason Concepcion (@netw3rk), and Brian Curtis. Tracking the similarities between The Ringer and Grantland will be both easy and less interesting than noting the differences, which are what could show us what, if anything, Simmons learned from his last venture.

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We’ll check back in once things have been up and running for a little while. In the meantime, here’s hoping BS can bring the following Grantland alums back into the fold: Brian Phillips, Rembert Browne, Mark Titus, Louisa Thomas, Charles Pierce, Chuck Klosterman, and Norm Macdonald.

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Related
Writing about writing about writing: Grantland