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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Aug 20

The Blitz- What You Need to Know about Ezekiel Elliott’s Appeal

The Blitz - Ezekiel Elliott Special EditionWhat you need to know about Ezekiel Elliot’s appeal

& NFL Player Discipline

For more on NFL discipline and arbitration deficiencies, check out some of these other Advocacy for Fairness in Sports articles.  Since Deflategate the names have changed.  The issues haven’t.

What’s next for Ezekiel Elliott and NFL Domestic Violence Policy?

The NFL has botched a number of domestic violence investigations over the past few years unleashing a public relations nightmare for the league. A seemingly contrite Roger Goodell pledged to do better after public outrage from the Ray Rice fiasco nearly cost the NFL a lucrative Anheiser Busch relationship. Part of his new “get tough plan” included a baseline six-game suspension for first-time domestic violence offenders. Then last year he reduced that suspension for unknown mitigating circumstances to a mere one-game suspension for Giants’ kicker Josh Brown; that is until Brown’s own journal admitting abuse surfaced in the media. Another firestorm of public rage erupted, again bringing into question the NFL’s seriousness in regard to domestic violence. The NFL needed to get the next one right. Enter Ezekiel Elliott. Read More about “What’s next for Ezekiel Elliott and NFL Domestic Violence Policy?”

Brady - Peterson

Aug 20

The Blitz Special Edition – Athlete Activism

The Blitz

This special edition of “The Blitz” celebrates the bravery and conscience of those athletes who choose to use their platforms for important real-life issues social justice issues. ✊🏾✊🏼✊🏽✊✊🏿 #Together

August 20, 2017 – Week in Review

Fantastic narrative here!


Enter Chris Long!


Thank you Justin Britt!

While this one isn’t exactly athlete activism, it’s far too important and relevant to pass by:

Aug 13

The Blitz – August 13, 2017

Important Sports and Sports Law News –  August 7 – August 13, 2017

TwitterTweet of the Week (actually it’s a tie – Dr. Johnny Benjamin & Dr. Johnny Benjamin)

📖Read of the Week:

⚖️Litigation Lane:

⚠️This week’s top story – Ezekiel Elliott:

 

NFL Concussion Settlement

 

NFL Insurers Lawsuit

NHL Concussion Injury Litigation

Mike Peluso vs. NJ Devils

Strikes for Kids vs. NFL

New NCAA Concussion Lawsuits

Andrew Hampton vs. NCAA

Houston Nutt vs. Ole Miss

Zachary Elias vs. Kenneth Davis

Cleveland Cavaliers’ Stadium Subsidy Suit

 

👮Crime Blotter

💡Concussion Discussion

This is a free event! All those in NH and surrounding states should make plans to attend.

🌡Player Health and Safety

✊🏿Athlete Activism:

🏈NFL Sidelines:

⚾️MLB Strikes

🏒NHL Breakaways:

📓NCAA Notebook:

🎲The Scoop on Sports Betting:

Great opportunity! Free Sports Betting Webinar – Tuesday August 15:


Sports Betting USA Conference next month in New York!

🖇This & That:

To me at least, this is scary – try getting critical, unbiased journalism from these sources:

Aug 06

The Blitz

Important Sports and Sports Law News – July 30 – August 6, 2017

Twitter

Tweet of the Week!

📖   Read of the Week!

I don’t always post a “Read of the Week,” but this op-ed by Tim Baffoe is so well done and spot-on I consider it a MUST!  Baffoe addresses the national religion – that of football with the 32 NFL owners and their chosen commissioner sitting as the Football Church’s highest deities.   While written in the lens of Colin Kaepernick’s employment situation the principles of the religion that managed to steal a day of the week from Christianity apply in so many instances beyond and including Kaepernick – CTE and concussions, opioid abuse, non-guaranteed contracts, benefit denials, publicly funded stadiums, the unfettered power of the commissioner and much more.  It’s important to remember that these “gods” are mortals, they can and should be held responsible for their misdeeds.  As illustrated in the Classic Star Trek episode, “Who Mourns for Adonais?” these gods feed off our adoration (and resulting expenditures) but can be subdued when that adoration is denied and accountability demanded.  Here’s to the heretics. 🥂  If you don’t read any further in this Blitz, read this: 

⚖️Litigation Lane:

NFL Painkiller Lawsuit


NFL Concussion Settlement


Monday August 7 is the deadline for registration.

NY vs RD Legal Funding:

Quincy Baker et al vs. Riddell


NHL Concussion Injury Litigation

NFL Cheerleader Lawsuit

49ers ADA Lawsuit

NFL Sunday Ticket Antitrust Lawsuit

Rams Tax Lawsuit:

WHL Minimum Wage Lawsuit

Nyeem Wartman-White vs. Lloyds of London

👮Crime Blotter

Charles Oakley


Da’Vante Phillips

 

💡Concussion Discussion:

Lots of concussion news & player stories this week so I compiled some of the most essential reading here:

🌡Player Health and Safety

✊🏿Athlete Activism


🏈NFL Sidelines


Ezekiel Elliott


Lucky Whitehead

🏒 NHL Breakaways:

🏀NBA Dunks:

⚾️MLB Strikes:

📓NCAA Notebook:

 

🎲 The Scoop on Sports Betting:

Put this on your calendar:

DFS

👃In Memoriam:


🖇This & That:

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