Sports Law Roundup – 2/17/2017

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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:

  • Baseball human trafficking: The federal criminal trial began this week in Miami in a case in which an agent and trainer were indicted for their alleged roles in a smuggling network designed to move baseball prospects from Cuba into the MLB system.
  • Boxing non-fight fight: Boxer Alexander Povetkin sued fellow heavyweight Deontay Wilder after the latter withdrew from the pair’s scheduled fight last May following the former’s positive test for meldonium, the same banned substance for which Maria Sharapova was banned from tennis competition. This week, a jury returned a verdict in Wilder’s favor, but Povetkin’s attorney wants to keep fighting, alleging that Wilder’s lawyer engaged in “gross and extensive misconduct” during the litigation and implying that he would seek a mistrial.
  • NFL turf: In what the Houston Texans are calling “a case of first impression,” former NFL linebacker Demeco Ryans is suing the team for damages arising out of an alleged career-ending, noncontact Achilles tendon injury Ryans says he suffered when he landed on a seam in the turf while playing in a game against the Texans as a member of the Philadelphia Eagles. Ryans is seeking $10 million, but the Texans say the court should dismiss the case because the NFL collective bargaining agreement preempts his claims. Ryans is hoping to avoid CBA preemption by relying on a prior case involving Reggie Bush, in which Bush injured himself after running out of bounds and slipping on a concrete surface surrounding the field during a game in St. Louis. In Bush’s case, the court ruled that the CBA did not apply, since the injury happened outside the field of play. Ryans’ lawsuit, the Texans highlight, deals with the in-bounds playing surface itself, which, the team argues, is a critical distinction that renders the Bush case inapplicable.
  • Lance Armstrong fraud: A False Claims Act lawsuit against Lance Armstrong will proceed after a judge’s ruling on various motions this week. The case involves allegations that Armstrong, while lying about his doping practices, received millions of dollars from the federal government in connection with his cycling team’s sponsorship by the U.S. Postal Service. Although the government’s case can go forward, Armstrong’s side will be able to argue in mitigation that the government’s benefit from the sponsorship reduces the amount of financial harm it actually suffered.
  • Student-athlete scholarships: Last week, we mentioned a settlement agreement under which the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by alleged athletic scholarship caps. Now, one of the plaintiffs, former USC linebacker Lamar Dawson, has objected to the settlement, which requires court approval before it’s finalized. Dawson’s concern is that the settlement includes a release of certain labor law claims that were not litigated in that particular case and which he is pursuing separately in a wage-and-hour lawsuit against the NCAA.
  • NBA fan app: A court partially dismissed a fan’s lawsuit against the Golden State Warriors, ruling that, although the fan had alleged facts sufficient to show that she had suffered an actual injury as a result of the team’s smartphone app’s alleged secret recording and capturing of her private communications, she had not stated a claim for relief under the federal Wiretap Act because she had not shown how the team intercepted and used her communications. The judge is allowing the fan the opportunity to amend her complaint.
  • Tennis commentator: After ESPN fired him in connection with an on-air remark about Venus Williams during this year’s Australian Open broadcast, Doug Adler, who worked for the network for nearly a decade, has filed a wrongful-termination lawsuit against his former employer, alleging that he was dismissed for saying something he never said. While some heard Adler use the word “gorilla” in reference to Williams, he maintains that he used the word “guerrilla” in describing her approach during the match he was broadcasting. Thanks to the magic of the internet, you can render your own judgment after viewing the clip here.
  • Penn State child abuse: Earlier this month, 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. The trial is supposed to begin next month, but the three defendants are attempting an immediate appeal of the ruling that they must face trial, arguing that a two-year statute of limitations bars the charges, and that Pennsylvania’s child-endangerment laws don’t apply to officials in their positions. In other news, Sandusky’s son, Jeff, has himself been charged with sexually abusing a child.

Sports court is in recess.

ALDLAND Podcast

ALDLAND is back on the podcast track after a month-long break. Holidays kept us down, but they could not keep us away forever, and so we are back to talk NFL playoffs and NFL coaching changes. Expect podcasts to be more weekly from now on.

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Tuesday Afternoon Inside Linebacker

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

College Football

Pregame:

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

The games:

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

Tuesday Afternoon Inside Linebacker

tailALDLAND’s weekly football roundup is back following week three of college football and week two of the NFL.

College Football

Pregame:

  • I caught snippets of ESPN College Gameday and Fox Sports 1’s college football pregame shows. Gameday remains the leader of the pack, but I’d like more time to see how FS1’s show develops. In the meantime, I’ll join FS1’s Joel Klatt in sending good wishes to the folks in Colorado dealing with major flooding right now.

The games — excitement building:

  • With a couple East Carolina fans in town, we watched the Pirates hang with Virginia Tech for about three quarters. The Hokies did all they could, including badly missing a bunch of close kicks, to hand ECU the game. Frank Beamer looked like he wanted to puke, but his team managed to hold it together in the end. Virginia Tech 15, East Carolina 10.
  • We were flipping between that game and UCLA-Nebraska. When I first checked in on this one, Nebraska had a 21-3 lead, and it looked like the best early game of the day would not materialize into a competitive affair. That turned out to be sort of true, but not in the way I expected. UCLA scored thirty-eight unanswered points to beat the now-mythological blackshirt defense in Lincoln 41-21.
  • The game of the day belonged to Alabama and Texas A&M, and it lived up to the hype. Johnny Manziel and the Aggies started very hot, jumping out to a 14-0 lead and choking the Tide’s early drives. A&M scored touchdowns on its first two drives, which averaged 71.5 yards and 2:06 off the clock. Alabama responded, though, methodically amassing thirty-five temporarily unanswered points and carried a 42-21 lead into the fourth quarter. The Aggie defense had yielded to The System, but Manziel wasn’t through, although twenty-one fourth-quarter points wouldn’t be enough to top Alabama. The Crimson Tide remain undefeated, winning 49-42, but Manziel unequivocally proved that he is must-see football every time he plays, and his cohort, receiver Mike Evans, deserves some credit too.     Continue reading

Tuesday Afternoon Inside Linebacker

tailSince “Monday Morning Quarterback” and “Tuesday Morning Quarterback” are taken and uninspired, and because I’m preempting my own exhaustion of “Monday“-themed alliterations, ALDLAND’s regular football/weekend roundup will move to Tuesday afternoons, which also permits incorporation of the Monday night NFL game. With week two of college football and week one of the NFL in the books, here goes:

College Football

Pregame:

  • Brendan and Physguy were in Ann Arbor for ESPN College Gameday, and the only evidence is a couple cryptic tweets from Brendan.

The games — No surprises:

  • I was able to find Michigan State’s game against South Florida on television in the Southeast, which may be thanks to USF’s participation in the game, but which also felt like finding a unicorn in the wild. MSU’s defense continues to outscore their offense, and that’s with three quarterbacks! Even Sparta only ever had two kings at once. Michigan State 21, South Florida 6.
  • I also found Vanderbilt-Austin Peay on TV, which is a reminder that it’s week two for the broadcasters as well. VU had no problem with its Middle Tennessee neighbors, winning 38-3.

Midseason Monday

We’re into the meat of the 2012 football season with heavy games for most teams from here on out. It’s also the time when teams’ reputations for the year become solidified. One such team is Auburn, which fell to 1-6 on the season, 0-5 in conference with a 17-13 loss to Vanderbilt in Nashville. Four years ago, I watched these teams play under the lights in the same stadium. In 2008, Auburn was 5-0 and highly ranked, but the game outcome was the same. This year’s win over the TIgers/Plainsmen/Eagles won’t do as much for the Commodores’ strength of schedule, but it does push them to 2-3 in the conference, and it’s an important win to kick off the second half of a schedule that should be easier than the first.

While Vanderbilt took a necessary step in the positive direction Saturday, Michigan State took another step toward a lost season with a 12-10 loss to Michigan in Ann Arbor. More on that game later in the week. Back to the SEC for a moment, where the Eastern division is one of the most power concentrated and confusing divisions in the nation. Florida swamped South Carolina, 44-11, to go to 7-0 (6-0), while Georgia escaped Lexington with a 29-24 win over Kentucky. If Florida’s going to lose a game this year, it will be next week when they host Georgia, because the rest of their schedule is soft cake (Missouri, Louisiana-Lafayette, Jacksonville State, and Florida State). In the SEC West, LSU and Texas A&M renewed their rivalry in a compelling game featuring early Aggie control and a Tiger comeback win.

Elsewhere in the top 25, Alabama and Oregon rolled. Two quick notes on Oregon: 1) I’m worried that Florida’s #2 rating in the first BCS, together with their easy finishing schedule, will mean that we don’t get to see Alabama and Oregon in the national championship game, a matchup that feels very compelling and intriguing; and 2) the ALDLAND staff is still waiting on it’s autographed Oregon cheerleader calendar. Jog back to the SEC West, where Mississippi State is the most unheralded undefeated team in the country. After beating MTSU Saturday, though, they’re unlikely to stay that way, finishing with Alabama, Texas A&M, LSU, Arkansas, and Ole Miss. Of course, nothing is more perennially unheralded than the Starkville Dogs, and that schedule only has something to do with it. Most of the rest of the top 25 won, including Clemson, Oregon State, and Stanford in important conference games. The upstart Texas Tech Red Raiders survived in triple overtime to beat TCU, and the very impressive Kansas State beat West Virginia in Morgantown 55-14 in a game in which I’d only somewhat jokingly predicted WVU would score 100 after being embarrassed the week before. Dana Holgorson’s air raid offense appears to be out of jet fuel.

On Sunday, the Vikings continue to mount an increasingly compelling challenge to those who would dismiss them by going to 5-2 with a win over flash in the pan Arizona. RGIII continues to impress despite another close loss, this week to the Giants. The Saints doubled their win total by beating Tampa Bay, and the Raiders came back to beat the ailing Jaguars, who lost Maurice Jones-Drew and Blaine Gabbert, sending out the bat signal for David Garrard (I hope). The Patriots beat the Jets in overtime, although VSL’s Bobby O’Shea, a noted Jets fan, thinks that something is wrong in New England, and I’m inclined to agree. Whether it was the defensive injuries Baltimore suffered last week or Houston’s push to come back from a loss, the Texans returned to 2012 form with a 43-13 win over the Ravens.

In baseball, the World Series is nearly set. The Tigers are in(!), and the Cardinals and Giants are playing a game seven right now, which the Giants are winning 7-0 in the fourth. In other current news, Ndamukong Suh just separated Jay Cutler’s neck from the rest of his body. Bears 10, Lions 0 in the first half.

Narrow Margin Monday, take 2

We find ourselves late on a Monday after another weekend of close games. On Saturday, woefully underachieving Michigan State lost in overtime to Iowa as a result of what one local radio host called the worst coaching he had ever seen in his life, and the man is neither young nor inexperienced in the field. In a real upset, LSU threw a monkey wrench in the SEC East race and beat South Carolina 23-21, Kansas State escaped Ames with a 27-21 win over Iowa State, Notre Dame beat Stanford 20-13 in overtime, and Texas A&M squeaked by Louisiana Tech 59-57. Even the Florida-Vanderbilt game was close into the fourth quarter before the Gators and their quarterback ran away with it. More on that game later this week.

Saturday had its share of blowouts, naturally, and the notable ones included Alabama’s 42-10 win at Missouri, which remains winless in its new conference, Texas Tech’s 49-14 embarrassment of one-time national championship contender West Virginia, still-undefeated Oregon State’s 42-24 win over BYU, and Michigan’s 45-0 muddy execution of Illinois on Wolverine homecoming. Michigan hosts Michigan State in another ALDLAND outing, more on which toward the end of the week.

The NFL had its share of close contests too, including the Lions’ overtime win over hapless Philadelphia, Buffalo’s 19-16 overtime win over Arizona, whose kicker hit a 61-yarder to tie the game but subsequently missed a 30-something yard kick to win the game in the final seconds, the Seahawks 24-23 win over New England, Atlanta’s come-from-behind win over Oakland to become the league’s final undefeated team, Miami’s 17-14 victory over the Rams, and Baltimore’s 31-29 capitalization on the Dallas (ongoing) Disaster. Baltimore payed a long-term price for its win, though, sacrificing defenders Ray Lewis and Ladarius Webb at last to the football devil (no, not the commissioner– separate office) in payment for their past defensive successes. Lewis and Webb are out for the season. Other high-flying teams went down in spectacular fashion on Sunday, including San Francisco, 26-3 at the hands of the Giants, and Houston, 42-24 to Green Bay on Sunday night.

In off-field NFL news, Jonathan Vilma, the embattled New Orleans Saint, reportedly will be allowed to play as soon as this weekend, although it isn’t clear if he will. Vilma continues to maintain a defamation suit against Roger Goodell.

In baseball, the final four is set and in motion. Detroit seized a 2-0 lead over the Yankees as the series heads to Detroit with AL strikeout kings Justin Verlander and Max Scherzer yet to pitch for the Tigers. The other road team, St. Louis, has a 1-0 lead in the NLCS battle of the two most recent defending World Series champions, though the Cardinals are down 5-1 in the fourth as I write this.

Topsy Monday

As noted, last Saturday’s college football games featured a number of games between top-ranked teams. As discussed in this space before, every game generally is going to end with one team on the winning side and one team on the losing side, games being athletic events between two teams. This means that a bunch of ranked teams lost this week, and boy did they.

Keep reading…

Why don’t the Colts pick up David Garrard?

Rotoworld reports:

Colts not going after David Garrard –

The Colts have not contacted free agent QB David Garrard. With the inept Kerry Collins being evaluated for a concussion and Peyton Manning (neck) likely out for the season, Colts fans are clamoring for an addition. But the team might be best off going with Collins and Curtis Painter, thus entering themselves in the Suck for Luck sweepstakes. The Colts have not shown any interest in Kurt Warner or Marc Bulger either, although they are both retired anyway.

I was thinking last night that Indy should make a move for Garrard, whom Jacksonville almost certainly shouldn’t have let go. They probably will have to lose every game– something of which they’re undoubtedly capable– to get Andrew Luck, but it still is amazing to think that a team like the Colts would even be in a position where flushing a season looked like the team’s best (and possibly only) option. Keep reading…