Oct 08

The Blitz 10/8/17

Important Sports & Sports Law News

Week of October 8, 2017

 

📖Read of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement


Ezekiel Elliott

A hearing was held in a Fifth Circuit federal courtroom in New Orleans on Monday, October 2. Here’s all you need to know about the hearing:


Erin Henderson vs. NY Jets

NCAA Concussion Lawsuits

WWE Brain Injury Lawsuit

NHL Concussion Injury Litigation

NCAA Minimum Wage Lawsuit

Buffalo Jills Minimum Wage Lawsuit


Rams Fan PSL Lawsuit


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👮Crime Blotter:

NCAA Basketball Scandal


Cuban Ballplayer Smuggling

🏈NFL Sidelines:

This is the information I requested:

disability request


📓NCAA Notebook:

💡Concussion Discussion:

✊🏿✊✊🏾✊🏻✊🏽Athlete Activism:

🎲The Scoop on Sports Betting:

Oct 02

The Blitz 10/2/17- Ezekiel Elliott Hearing Special Edition

The Blitz
A hearing took place in a Fifth Circuit courtroom at 1:00 PM October second to determine a number of vital issues that will determine his availability as the season progresses.  The NFL asked the court for two things (1) a stay on Judge Mazzant’s injunction which has allowed Elliott to play thus far this season and (2) a decision dismissing the case on its merits.  The hearing lasted about an hour and no decisions were rendered at the hearing, but Judge Prado closed by stating that the court would issue its decision “as soon as we can.”  Here’s a Twitter wrap-up of what took place:

Audio for the hearing was expected to drop at 5:00 PM and arrived as scheduled.

Great summary of hearing from Kate Hairopoulos. Another audio of the hearing is also included here.


After the hearing, around 10:00 PM EDT, Jeffrey Kessler filed a letter detailing the “new” case law presented for the first time earlier at the hearing.

For addition coverage of the wide world of sports law check out the regular edition of “The Blitz.”

Oct 01

The Blitz 10/1/17

Important Sports & Sports Law News

Week of October 1, 2017

 

📖Read of the Week:

Read of the week honors go to Eric Reid and Malcolm Jenkins for their thoughtful op-eds on why they protest and where they wish to go from here.

👮Crime Blotter:

NCAA Bribery Scandal


“The going rate…”

 

O.J. Simpson Released from Prison

 

⚖️Litigation Lane:

NFL Concussion Settlement


(Order was issued on 9/27; therefore this is the official briefing schedule.)

Memorandums of Law filed this week in regard to RD Legal Funding:

Co-Lead Class Counsel: pdf

RD Legal Funding: pdf

Concussion Settlement Opt-Out Cases

Adrian Robinson Wrongful Death CTE Lawsuit


SO to Brad Sohn for amazingly detailed research and briefing on behalf of the Robinson family.

 

Lewis et al vs. Kansas City Chiefs, Arizona Cardinals

This lawsuit has also been consolidated with the Concussion Settlement MDL and seeks remand to state court.

Aaron Hernandez Estate vs. NFL, New England Patriots

(NFL will argue CBA preemption in this lawsuit as well.)

Derek Boogaard Wrongful Death Lawsuit

Ezekiel Elliott, NFLPA vs. NFL

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UPDATE: 10/2/17


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For those who like the big picture, I’ve compiled all the relevant happenings in the Ezekiel Elliott case below.


Huge shout out to Daniel Wallach for outstanding breaking coverage on this case as well as comprehensive legal commentary, which you can read in the above compilation. For the shorter version, Kate Hairopoulos’ article is a great explainer on the essentials:

Lane Johnson vs. NFLPA, NFL

To the best of my knowledge, the only current coverage of this case not behind a paywall.

Erin Henderson vs. NY Jets

Lavarius Levingston vs. Tampa Bay Buccaneers

Michael Bennett vs. LVPD?

Packers Fan vs. Bears

Foul Ball Victim vs. NY Yankees

NCAA Amateurism Lawsuit:


📜Look at Legislation:

💡Concussion Discussion:


Click and expand this thread – very interesting contrasts between NHL and NFL

✊🏿✊🏾✊🏽✊✊🏻Athlete Activism:

There was a lot of great coverage of athlete activism over the past week – I tried to pull the best of it together right here.

And for those who need the short version – a few must reads:

🏈NFL Sidelines:

🏒NHL Breakaways:

📓NCAA Notebook:

🎲The Scoop on Sports Betting:

Sep 25

The Blitz 9/25/17

Important Sports & Sports Law News

Week of September 25, 2017

🐦Tweet of the Week:

📖Read of the Week:

Paul D. Anderson captured both the legal and other ramifications of Aaron Hernandez’s Stage 3 CTE diagnosis in this article. If you only have time for one Hernandez piece, this is the one you need to read.

⚖️Litigation Lane:

NFL Concussion Settlement

Sept 19:

Sept. 20:

Some very serious claims and considerations presented here:

Movant asks court to deny Class Counsel’s fee petition until the Claims Administrator has established an actual track record of payments to neurologically impaired players and their families.

Sept. 21:

As the concussion settlement has progressed into six months of claims processing, few claims have been paid; instead the process has been derailed with excessive deficiency notices and audits, and assertions of improper handling of claims and medical documents. So far, two motions have been filed by different law firms addressing the problems and asking the court administrate the settlement as is written in the settlement agreement. This is the fourth motion in joinder of these claims, presenting yet more evidence of mishandling. Be sure to click and read the highlights (if you can call them that) which I’ve pulled from the document as well as links to the same.

 

Aaron Hernandez:


While the lawsuit is currently sealed Bob McGovern of the Boston Herald obtained some of the allegations:

 

Ezekiel Elliott

Sept. 19:

Sept. 20:

Sept. 21:

Sept. 22:

Later that evening:

Sept. 25:

 

Mike Peluso

 

Dawson vs. NCAA

 

Charles Oakley vs. James Dolan, MSG

 

Rams Fans vs. Rams

 

⚠️NFLPA & Players’ Rights:

Sept. 19:

I should have probably asked “do the players you represent want more of the same” Career length has dropped to nearly half the time it was prior to the 2011 CBA. The NFL middle class is disappearing while more players work for league minimums with the majority of money designated to quarterbacks and a few key players.

Sept. 20:

Sept. 21:

Sept. 22:

 

💡Concussion Discussion:

✊🏿✊🏾✊🏽✊✊🏼✊🏻Athlete Activism:


The events of Saturday and Sunday – President Trump’s condescending tweets through the NFL’s reaction will almost definitely, as Mike Freeman said, be remembered as a defining moment in sports history. I did a compilation of the highlights:

Throughout the weekend, and into Monday, the president kept SI’s Michael McCann busy writing about labor law.


🏈NFL Sidelines:

 

⚾️MLB Hits:

 

🏀NBA Dunks:

 

🏒NHL Breakaways:

🎲The Scoop on Sports Betting:

Sep 17

The Blitz 9/17/17

Important Sports & Sports Law News

Week of September 18, 2017

 

📖Read of the Week:

I was hesitant to use one of my own stories here, and I want you to know I AM NOT plugging my journalism skills, but rather Susan Owens’ story is so moving, so powerful, and so important – I didn’t want to take a chance on it being lost in the scrolling.

⚖️Litigation Lane:

NFL Concussion Settlement

▶️Update 9/19/17: Judge Brody has scheduled a hearing today to address deceptive practices targeted at NFL retirees.  Upon information and belief several attorneys have stated plans to be in attendance at the hearing and hope to address the rampant deficiency notices being issued.  Stay tuned…developing story…

Monday:


This is surprising in one respect since Judge Brody seldom denies Seeger’s motions, but not surprising in another since RD Legal Funding’s opposition response points out that Seeger ignored Federal Rules of Civil Procedure in his discovery demand.


This appears to be tied to an order she will issue later in the week.


Thursday:

▶️Update 9/18/17: A Florida law firm has filed notice of joinder with this motion in hopes of clarification on and hopefully elimination of the many deficiency notices issued to players whose claims are well established and should be clear-cut approvals.  Deficiency notices have even been issued to derivative claimants whose family member died of the conditions specified in their claims.


Friday:

Ezekiel Elliott

I’m just hitting the highlights this week – so I highly recommend following Daniel Wallach @WALLACHLEGAL, Michael McCann @McCannSportsLaw, Dan Werly @WerlySportsLaw & and Frank Cawley @Frank_Cawley for the broadest and most comprehensive coverage of this case.

▶️Update 9/19/17: new filing in EDTX yesterday from NFLPA + Judge Mazzant writes a tersely worded opinion upholding his injunction blocking Ezekiel Elliott’s suspension.  Now all eyes are on the Fifth Circuit.  Here’s what you need to know:

Monday:


Tuesday:


Wednesday:


Thursday:


Friday:


Saturday:

Evans et al vs. NFL Clubs (painkiller lawsuit)

Michael Bennett

OHL Minimum Wage Lawsuit

Charles Oakley vs. James Dolan/MSG


Jane Doe vs. Derrick Rose Appeal

🏈NFL Sidelines:

NFLPA


This is why Advocacy for Fairness in Sports Supports Cyrus Mehri’s bid for NFLPA Executive Director. He places strategy over rhetoric; solutions over threats.


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💡Concussion Discussion:

✊🏿✊🏼✊🏾Athlete Activism:

🎲The Scoop on Sports Betting:

Sep 10

The Blitz 9/10/17

The Blitz

Important Sports & Sports Law News

Week of September 10, 2017

🐦Tweets of the Week:


📖Read of the Week:

⚖️Litigation Lane:

Ezekiel Elliott

Ezekiel Elliott news dominated the week. Here’s a day-by-day replay along with a new Twitter Moment that encapsulates the best legal commentary from the week.

Monday:


Tuesday:


Probably my favorite tweet coming out of Tuesday’s hearing:


…and another favorite


In the midst of all the Texas drama, the NFL filed a lawsuit in New York, asking the court to impose the suspension. Deja vu Tom Brady. The venue war begins.


Wednesday:


Thursday:


Prescient⬇️


Friday:


Saturday:


Sunday:


All the other essential legal takes rounded up right here!

Michael Bennett contemplates lawsuit against LVPD

Peluso Brain Injury Lawsuit

Eli Manning Memorabilia Lawsuit

Brian Kelly vs. Notre Dame

NY DFS Lawsuit

💡Concussion Discussion:

PSA:

🏈NFL Sidelines:

NFLPA’s new secret constitution and Cyrus Mehri’s bid for the Executive Director office at the Union

This is a big story that’s largely flown under the radar. I interviewed Cyrus last week and will be publishing some insights on the peculiar manner in which the constitution was amended as well as the focus of Mehri’s platform.


Prior to Mehri’s release of the new constitution, the NFLPA kept the 2007 version on their website, leading a belief that elections would be held in March.


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👃💐In Memoriam


🏒NHL Breakaways:

📓NCAA Notebook:

✊🏿✊✊🏽Athlete Activism:

Thanks and congratulations to J.J. Watt for some off the charts fundraising and support for Houston!

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Elsewhere…

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NFL Star and social activist Michael Bennett detained and humiliated by Las Vegas Police:

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The Kaepernick Effect:

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And more:


🎲The Scoop on Sports Betting:

Sep 03

The Blitz

The Blitz
Important Sports & Sports Law News 

Week of September 3, 2017

🐦Tweet of the Week:

This week we have a tie:


and

📖Read of the Week:

Another tie; this time 3-way. There was no shortage of great journalism this week, so this was a tough cut, but I decided to go with the opinion pieces of Ed Cunningham, Evan Grossman and Steve Chapman because they truly express my own feelings about the NFL, and judging from some of the response I’m getting, many others have similar reservations. Helpful hint to NFL – If you want to improve your ratings and save your game, clean up your act and stop trying to whitewash it.

⚖️Litigation Lane:

Ezekiel Elliott

Obviously, Ezekiel Elliott is grabbing this week’s biggest headlines.  It’s sometimes hard to  sort through all the massive amounts of media coverage, so I’ve compiled what I feel are the most essential stories and tweets in order to be up to speed with the legal battle ahead.  I think it’s also important to note that Ezekiel Elliott is a challenging case for two reasons (1) Accusations of domestic violence must be dealt with, and (2) the NFL’s discipline process which in Goodell’s reign has been arbitrary, reactionary, and capricious.  The CBA gives Goodell broad latitude in punishing players, often robbing them of the due process most citizens enjoy and all citizens should have access to.  For this reason, until more information comes to light, I’m not forming an opinion on the former, but focusing on the latter is definitely in need of repair in the NFL.  It’s also important to know who to follow in order to get the best information so here are my recommendations:

  • Daniel Wallach – @WALLACHLEGAL (he’s been ahead of this one from the start with spot on and often predictive analysis)
  • Michael McCann – @McCannSportsLaw (balanced and easy to understand legal perspectives)
  • Stephanie Stradley – @StepStradley (thoughtful analysis and sound legal commentary)

Also great follows for the legal drama: @WerlySportsLaw @SportsLawGuy @TheAmir @amilst44

More go-to follows for Ezekiel Elliott info:

Events as they happened…
Monday:


Tuesday (Ezekiel Elliott’s appeal before arbitrator Harold Henderson begins):


Thursday:


This was definitely the question until a middle of the night court filing appeared.

Friday:


Saturday:

Excerpts and analysis:


I included this because:


Don’t be sidetracked. These are two separate issues of equal importance, NFL is interested in good PR and power – not in getting either right. Don’t buy the spin. Weigh the evidence as it comes out for yourself.


Excellent point regarding the power from Alan Milstein


NFL Concussion Settlement

Monday:


Tuesday:


Wednesday:


Thursday:


Like the RD Legal filing, both responses assert that Seeger failed to abide by Rules of Federal Civil Procedure.


Additional serious issues addressed in this one:


Additionally, apparent conflicts of interest regarding the proposed court appointed expert are also revealed.

CHL Minimum Wage Litigation


MLB Scouts Antitrust Wage Lawsuit


St. Louis vs. Rams


Rams’ ex-Season Ticket Holders vs. Rams


Showtime Mayweather-McGregor Lawsuit

💡Concussion Discussion:

🌿Cannabis Conversation:

🌡Health & Safety:

🏈NFL Sidelines:

NFLPA


He shouldn’t have to tweet this. NFL players should have health insurance for life like those in NBA and MLB. Also those benefits kick in from day one instead of as in the NFL having to wait 3 years to vest.


More NFLPA issues in last week’s Blitz Special Edition:


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Roster cuts:

On Saturday, all teams were required to pare down to 53-man squads, releasing numerous players.


In addition to these cuts, many more will loose their jobs as some of those cut breath a sign of relief when some under 3-year guys will be picked up on waivers and some 3+ year guys will sign with new teams as free agents.

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Benefits:

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Vontaze Burfict:

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✊🏿✊🏼✊🏽Athlete Activism:

Hurricane Harvey Relief Efforts

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Anthem Protests

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🏀NBA Hoops:

📓NCAA Notebook:

🎲The Scoop on Sports Betting:

Aug 27

The Blitz – Week of August 27

Important Sports & Sports Law News

Week of August 27, 2017

🐦Tweet of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement

For the back-story on this motion and how claims are being delayed and denied, click here.


In addition to predatory “lenders” like RDLegal, many other “claims services” seek to delude and defraud brain-damaged NFL retirees.

Aug 27

The Blitz – NFLPA – A Union in Crisis?

The Blitz


For more on Ezekiel Elliott, see this week’s regular edition of The Blitz

🔨Labor War:

Update:

Easy to understand Smith’s remarks in light of this discovery via Mark Maske at Washington Post:

📞Retired players call out the NFLPA for failure to act on their behalf:

“I’ve called the NFLPA at least twice a month over the last four months with different inquiries. Aside from the first phone call, the others have been horrendous. It seems as though I call the number and a woman says, ‘Hold Please.’

The she goes and takes her turn in Foosball, then returns to the phone and says, ‘This is [Blank], How may I direct your call?’ It’s a never ending cycle. They’re too busy doing news conferences to do what’s best for the players. I know it may seem that I’m exaggerating or overstating some things, but I just think it should be a lot easier. It’s tough because I know the NFLPA is handcuffed by what the NFL’s needs and wants are. The first three letters of the NFLPA are…

Yeah. Exactly.

The PA, as much as they may want to help, will always play second fiddle to the NFL’s owners. As of today, when Players retire we need to unlock the DA Vinci Code before we can attain our benefits.”

– Hamza Abdullah – Retired Player & 2-Year NFLPA Rep.

Aug 20

The Blitz

Important Sports and Sports Law News

August 20, 2017 – Week in Review

Tweet of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement


deficiency notices


Ezekiel Elliott

Lots of Zeke Elliott news this week – here’s what you need to know.


CFL Concussion Case

Mike Peluso Brain Injury Lawsuit

Does Colin Kaepernick have a collusion case?

USA Gymnastics

Cleveland Sports Arena Lawsuit

NCAA Antitrust Lawsuits

Baylor

Pepperdine

💡Concussion Discussion:


🌿Cannabis Conversation


Nate Jackson:

🌡Player Health & Safety:

✊🏿✊Athlete Activism:

In appreciation of those athletes who are using their platforms for social good – a special edition of The Blitz

🏈NFL Sidelines:


I personally love this, but have to ask – is this a move to appease players in view of labor unrest?

🙏In Memoriam

🏒NHL Breakaways

📓NCAA Notebook:


Click and expand to read the full threads. These are very good.

🎲The Scoop on Sports Betting:

Takeaways from #sbusa17 Webinar with Daniel Wallach, Andrew Brandt, and David Purdham


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