Nov 19

The Blitz 11/19/17

Essential Sports & Sports Law News
Week in Review – November 13-19, 2017

📖Reads of the Week:

Special thanks to Ken Belson and Lindsay Gibbs for their excellent coverage of the NFL Concussion Settlement and for including Advocacy for Fairness in Sports in your work.

⚖️Litigation Lane:

NFL Concussion Settlement

Ezekiel Elliott

Lane Johnson vs. NFLPA, NFL

Aaron Hernandez

Rams Fans Seat Licensing Lawsuit

New NCAA/ACC Brain Injury Lawsuit

NCAA Scholarship Litigation

👨‍✈️Crime Blotter:

FIFA Corruption Case

NCAA Bribery Case

UCLA Players’ Shoplifting in China

Jameis Winston

💡Concussion Discussion:

🏈NFL Sidelines:

✊🏿✊✊🏾Athlete Activism:

🎲The Scoop on Sports Betting:

Happy Thanksgiving!

Nov 12

The Blitz 11/12/17

Essential Sports & Sports Law News

Week in Review – November 6 – 12, 2017

📖Read of the Week:


>

⚖️Litigation Lane:

NFL Concussion Settlement

Ezekiel Elliott

Jerry Jones vs. Arthur Blank (and the rest of the NFL owners)

NCAA Athletic Grant-in-Aid Cap Antitrust Litigation / Jenkins et al. vs NCAA

Aaron Hernandez Hacking Lawsuit

MLBers vs. Al Jazeera

Dolphins Fan Lawsuit

This is a very interesting read:

👨‍✈️Crime Blotter:

Li Angelo Ball China shoplifting arrest

NCAA Fraud and Bribery Case

💡Concussion Discussion:

🌿Cannabis Conversation:

🌡Player Health & Safety:

✊🏿✊✊🏾Athlete Activism:

🏈NFL Sidelines:

📓NCAA Notebook:

🤸‍♀️USA Gymnasitics:

🎲The Scoop on Sports Betting:

🖇This & That:

Nov 05

The Blitz

Essential Sports & Sports Law News

Week in Review – October 29 – November 4, 2017

📖Read of the Week:

⚖️Litigation Lane:

Ezekiel Elliott

The best Twitter commentary as it happened in real-time and in chronological order:

And the best Zeke articles to emerge this week:

NFL Concussion Settlement

New Status Report Released:

ICYMI

Objections to Seeger Weiss fee petition:

The count is now up to 419.

(⬆️Follow-up story on this coming soon.⬆️)

NFL Painkiller Lawsuits

Colin Kaepernick Grievance

Erin Henderson vs. Jets

Minor League Baseball Wage Lawsuit

👨‍✈️Crime Blotter:

Cuban Ballplayer Smuggling Case

💡Concussion Discussion:

🚫Domestic Violence in Sports:

🏈NFL Sidelines:


Apparently this never happened:

✊🏿✊✊🏾Athlete Activism:

🎲The Scoop on Sports Betting:

Oct 29

The Blitz 10/29/17

Important Sports & Sports Law News

Week of 10/22/17 – 10/28/17

🐦Tweet of the Week:


Most of the stuff I tweet is dead serious, as are most responses. Though I’m not a lawyer, I spend so much time reading and discussing briefs that the advertising bots are convinced I’m in need of men’s underwear. This break in the dialog put a smile on my face and actually made me giggle aloud – so now – I request leave to move on the next opposing seatmate and pour some salt. 🤣

📖Reads of the Week:

I flipped a coin and still couldn’t decide, so we have two essential reads this week. First, ESPN’s investigative reporters give a “fly on the wall” view as to what really took place in the meetings last week.

And this from Patrick Hruby, written in 2014. If you want to know what’s going on the NFL Concussion Settlement, read this. Patrick looked into his crystal ball and got it right.

⚖️Litigation Lane:

NFL Concussion Settlement

This is a VERY IMPORTANT motion, so I’ve compiled the highlights here:

Highlights from other noteworthy filings:

And this:

Kaepernick

Ezekiel Elliott

The Ezekiel Elliott saga developments by the day:

Monday:

Tuesday:

Wednesday:

Thursday:

Friday:

Lane Johnson vs. NFLPA, NFL

Baker et al v. BRG Sports Inc (Riddell)

Yankees’ Foul Ball Injury Lawsuit

Amani Bledsoe vs. NCAA

Adrian Ghioroaie vs. Auburn

📢PSA:

Neither are easy to obtain but one doesn’t preclude the other.

💡Concussion Discussion:

🌿Cannabis Conversation:

🏈NFL Sidelines:

🏒NHL Breakaways:

📓NCAA Notebook:

‼️Race & Sport:

✊🏿✊✊🏿Athlete Activism:

🎲The Scoop on Sports Betting:

Oct 22

The Blitz 10/21/17

Important Sports & Sports Law News

Week of 10/16-10/22, 2017

📖Read of the Week:

⚖️Litigation Lane:

NFL Concussion Settlement


I should add, that it would be hard to even calculate the number of deaths since the litigation started.


Ezekiel Elliott

The Elliott case was all over the place this past week. I’ve compiled everything you need to know in chronological order.

Aaron Hernandez CTE Lawsuit:


PDF: Aaron Hernandez Lawsuit h/t @BobMcGovernJr

Colin Kaepernick Grievance


Intriguing perspective from Robert Littal on potential impact of the grievance with excerpts from Amy Dash’s blog post on the subject.


Amy Dash @AmyDashTV blog post

Grievance PDF h/t Jimmy Golen @jgolen

Pop Warner Brain Injury Lawsuit

While my primary focus has been on the NFL Concussion Settlement as of late, this is a very important lawsuit to keep an eye on.

High School Players vs. Riddell Lawsuit

Boxer’s Brain Injury Lawsuit

Pitino vs. Adidas

Nate Allen Civil Rights Lawsuit

l👮Crime Blotter:

💡Concussion Discussion:

💊Doping:

‼️Race & Sport:

🏈NFL Sidelines:

📓NCAA Notebook:

✊🏿✊Athlete Activism:


🎲The Scoop on Sports Betting:


This is a veritable red-carpet list of who’s who in sports betting. Great opportunity for DC Media or others who may be able to attend! Kudos to Daniel Wallach for putting this together!


I’m also hearing rumors of the possible addition of Professor Ryan Rodenberg, who authored the first amicus brief submitted in the case, and who may also be speaking during oral arguments at SCOTUS on December 4.

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:

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