Sports Law Roundup – 7/7/2017

aslr

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.

Sports Law Roundup – 4/7/2017

aslr

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 defamation: A judge will allow a defamation lawsuit brought by Washington Nationals first baseman Ryan Zimmerman and former Philadelphia Phillies designated hitter Ryan Howard against Al Jazeera and two of its employees to proceed. The Ryans’ case relates to a documentary that aired on the television network in 2015 that included claims that they were among a group of players who purchased performance-enhancing drugs from an anti-aging clinic. In partially denying the defendants’ motion to dismiss the case, the judge explained that the argument that Al Jazeera and its employees simply were reporting the statement of an employee at the clinic “is unpersuasive, because a reasonable viewer could certainly have understood the documentary as a whole to be an endorsement of Sly’s claims.” The ruling was not a total victory for Howard and Zimmerman, however, as the judge did dismiss claims related to a related news article about the documentary, as well as all claims against one of the Al Jazeera employees, an undercover investigator. Since the airing of the documentary, the clinic employee has recanted his statements.
    • Athlete financial adviser: 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. He could spend as many as twenty years in prison and owe a fine of as much as $250,000, plus restitution to Duncan. Duncan filed a separate civil lawsuit against the advisor, which was stayed pending the resolution of the criminal action.
    • NFL streaming: The NFL and Amazon have reached a one-year agreement, reportedly valued at $50 million, that grants Amazon the exclusive streaming rights for ten of the NFL’s Thursday night games in 2017. Last year, the NFL partnered with Twitter on a streaming deal for the Thursday games reportedly worth $10 million.
    • NFL fax machine: A court has preliminarily approved a settlement in a case involving a claim that the Tampa Bay Buccaneers violated federal law by faxing unsolicited advertisements for game tickets to local businesses in 2009 and 2010. Final settlement payout numbers are not yet available, but, in the meantime, we can ask: did the faxes work?
      bucs home attendance

Sports court is in recess.

ALDLAND Podcast

It’s time for another ALDLAND Podcast, and this one has it all. There’s NBA playoff coverage, discussion of retirement gifts for Derek Jeter, and even live NFL draft updates that won’t matter by the time you listen to this because you will know who was drafted where already. But I’m sure you would agree that it’s the thought that counts.

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

 

ALDLAND Podcast

Technical difficulties and general laziness are a good combination for going two weeks without a podcast. Fear not, dear listeners, as one of the two of those issues has been fixed and a brand new ALDLAND podcast is available for you to take in. Join Marcus and I as we preview the NBA finals, discuss the latest in MLB steroids news, and take a look at our preseason World Series picks.

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