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.
Eric Reid: Why Colin Kaepernick and I Decided to Take a Knee https://t.co/YotECdURfe
— Sheilla Dingus (@SheillaDingus) September 28, 2017
#Respect What protesting NFL players like me want to do next by @MalcolmJenkins https://t.co/SBsklybhiS
— Sheilla Dingus (@SheillaDingus) October 1, 2017
?Crime Blotter:
NCAA Bribery Scandal
— Ben Wieder (@benbwieder) September 26, 2017
Federal bribery & fraud charges rock the world of college hoops. Which dominoes will now fall? My @SInow legal take: https://t.co/cJxyKj0d7r pic.twitter.com/Cf5IM8En2V
— Michael McCann (@McCannSportsLaw) September 26, 2017
wow, I’m not sure I’ve ever been the subject of a lede before! @BobSaietta tackles today’s DOJ indictment:https://t.co/QKEK0KyVJw
— Andy Schwarz (@andyhre) September 27, 2017
Sources: Pitino and Jurich out at Louisville https://t.co/uitDSrOWts
— Sheilla Dingus (@SheillaDingus) September 27, 2017
What’s The #NCAA Prepared To Do? https://t.co/R2bVK3Pfgt via @dan_bernstein
— Sheilla Dingus (@SheillaDingus) September 27, 2017
“The going rate…”
“A glorified form of money laundering” and “the shadow government of college sports” are quintessential @MikeLupica https://t.co/YXaHkrNZt2
— Daniel Wallach (@WALLACHLEGAL) September 28, 2017
College Basketball Bribery Charges Send Warning To Schools https://t.co/KR3RpWVaji via @ZachZagger pic.twitter.com/3yydI36Gl1
— Sheilla Dingus (@SheillaDingus) September 28, 2017
The U.S. House Energy and Commerce Committee has requested a briefing from the NCAA and shoe companies on the basketball bribery scandal.
— Nathan Fenno (@nathanfenno) September 28, 2017
It took a long time for Louisville to reach the last straw with Rick Pitino https://t.co/Uh0ykHAi5n
— Sports Illustrated (@SInow) September 27, 2017
“Decision Time in College Athletics: Are College Athletes Students or Employees?”
My latest on @InsideSportsLaw:https://t.co/S1n39ZDgIT
— Warren K. Zola (@WarrenKZola) September 21, 2017
“#NCAA finds itself in a strange place,” sez @McCannSportsLaw as he charts college b-ball’s latest legal mine field https://t.co/9tUI8XeUlz
— Sheilla Dingus (@SheillaDingus) September 30, 2017
“the NCAAs entire system of amateurism is now under a microscope. Worse yet for the NCAA, those peering in are FBI agents & fed prosecutors” https://t.co/XEM17lx4D2
— Warren K. Zola (@WarrenKZola) September 29, 2017
Column on the two obscure sneaker executives who could take down college basketball. What will they tell the Feds? https://t.co/VI0VkkeA95
— Pete Thamel (@PeteThamel) September 30, 2017
Exclusive via @KirFlem @nypost:
Father of Ex-Louisville star says son was offered $100K bribe from rival school. https://t.co/L8dLXASbNz
— Daniel Wallach (@WALLACHLEGAL) October 1, 2017
O.J. Simpson Released from Prison
O.J. Simpson is released from prison https://t.co/yXWoybUslV via @ProFootballTalk
— Sheilla Dingus (@SheillaDingus) October 1, 2017
Although O.J. Simpson is now out of prison, he’s still not “free.” Parole terms and $33M wrongful death debt remain: https://t.co/O1hnMxDebD
— Michael McCann (@McCannSportsLaw) October 1, 2017
A Goldman family lawyer has told reporters that O.J.’s $33.5M civil judgment in 1997 is now up to about $65M after interest.
— Darren Rovell (@darrenrovell) October 1, 2017
⚖️Litigation Lane:
NFL Concussion Settlement
#NFL #Concussion Settlement News:
Proposed de novo scheduling order in regard to RD Legal Funding NYAG case consolidation in PA MDL pic.twitter.com/1zftBKxrl5— Sheilla Dingus (@SheillaDingus) September 27, 2017
(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
#NFL files Motion to Dismiss remaining Opt-Out cases in #Concussion Settlement. pic.twitter.com/OqSHjgBsMS
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Supporting Memorandum of Law identifies opt-outs as former players/families who are not part of the settlement class. pic.twitter.com/SEnu0pTyc9
— Sheilla Dingus (@SheillaDingus) September 27, 2017
This @Law360 article provides a good summary of NFL’s response https://t.co/iBfAtHTMV4
PDF of NFL brief: https://t.co/cb9fZT2ipl pic.twitter.com/vLCgHYodmW— Sheilla Dingus (@SheillaDingus) September 27, 2017
Adrian Robinson Wrongful Death CTE Lawsuit
⚡️ “Adrian Robinson Wrongful #CTE Death Lawsuit Continues in EDPA”
A compilation of background & new developments.https://t.co/PShDMNBFMP— Sheilla Dingus (@SheillaDingus) October 1, 2017
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.
#NFL Clubs KC #Chiefs & AZ #Cardinals have also filed a motion opposing #concussion lawsuits request for remand to state court. pic.twitter.com/Gvk9QAwtVH
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Clubs also argue preemption under Sec. 301 of LMRA which governs claims that require interpretation of a CBA pic.twitter.com/8ElGkY4hHC
— Sheilla Dingus (@SheillaDingus) September 27, 2017
The Evans et al painkiller lawsuit against NFL Clubs in NDCA did not meet the preemption argument b/c Clubs aren’t a bargaining entity.
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Preemption arguments put forth by #Chiefs & #Cardinals are near identical to those of NFL in regard to Adrian Robinson’s case. pic.twitter.com/tSWvkm7o98
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Aaron Hernandez Estate vs. NFL, New England Patriots
(NFL will argue CBA preemption in this lawsuit as well.)
Hernandez #CTE Lawsuit Against #NFL and Patriots https://t.co/cx8bvfzZ84 comments plus full lawsuit PDF via @RobertinSeattle
— Sheilla Dingus (@SheillaDingus) September 27, 2017
This is a key argument in the Hernandez litigation as well as numerous opt-out lawsuits. pic.twitter.com/TBGaep2hid
— Sheilla Dingus (@SheillaDingus) September 27, 2017
On @OTLonESPN, Bob Ley asks Jose Baez why he didn’t sue NCAA & UF.
His answer: “We can amend later”
Truth: Would hurt “causation” vs. NFL
— Daniel Wallach (@WALLACHLEGAL) September 28, 2017
Derek Boogaard Wrongful Death Lawsuit
Family of Derek Boogaard has filed an appeal in his wrongful death lawsuit vs the NHL. Case was dismissed in June. https://t.co/lkUqvoDWkf pic.twitter.com/0R3iALaORj
— Rick Westhead (@rwesthead) September 26, 2017
Boogaard Estate: Minn. Law Misapplied In #NHL Wrongful Death Suit https://t.co/p6Hhm61rXY via @Law360 pic.twitter.com/jDtDTu1Obm
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Key excerpt shows prevalence of CBA preemption arguments and length of time to maneuver through judicial process. pic.twitter.com/YPmDdYSegr
— Sheilla Dingus (@SheillaDingus) September 27, 2017
#NHL says subpoenas for Bettman, others an effort to ‘harass’ https://t.co/Qzgli9031H via @rwesthead
— Sheilla Dingus (@SheillaDingus) September 29, 2017
Ezekiel Elliott, NFLPA vs. NFL
————————————————–
UPDATE: 10/2/17
Special edition of the Blitz recaps all the major arguments and highlights of today’s #EzekielElliott hearing.https://t.co/xNrJzXJcHo
— Sheilla Dingus (@SheillaDingus) October 3, 2017
————————————————–
For those who like the big picture, I’ve compiled all the relevant happenings in the Ezekiel Elliott case below.
⚡️Everything you need to know about recent happenings in the #EzekielElliot case all in one place!https://t.co/DLF5WQOmmO
— Sheilla Dingus (@SheillaDingus) October 1, 2017
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:
Comprehensive preview of Monday’s Fifth Circuit oral argument in the Ezekiel Elliott case, via @khairopoulos (+ me): https://t.co/I0umgpI9lW
— Daniel Wallach (@WALLACHLEGAL) September 28, 2017
Lane Johnson vs. NFLPA, NFL
To the best of my knowledge, the only current coverage of this case not behind a paywall.
⚡️ “Lane Johnson vs. NFLPA, NFL – SDNY Case Begins” Background on the case plus latest developments. #sportslawhttps://t.co/8zILA85lBz
— Sheilla Dingus (@SheillaDingus) October 1, 2017
#EzekielElliott isn’t the only #NFL player seeking to vacate an arbitration. The latest on Lane Johnson’s case:https://t.co/kXlChcAR5c pic.twitter.com/10TUBwkdYS
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Erin Henderson vs. NY Jets
Interesting. These are per se not preempted by #nfl #cba https://t.co/Kzc3iqTcNH
— Brad Sohn (@BradSohn) September 27, 2017
Erin Henderson files suit against Jets for wrongful termination https://t.co/tWixRmZXUb
— Sheilla Dingus (@SheillaDingus) September 30, 2017
Lavarius Levingston vs. Tampa Bay Buccaneers
Tampa Bay Buccaneers sued by former player over ‘concealed’ injuries https://t.co/aLHWLcmL0E via @tbbjnewsroom
— Sheilla Dingus (@SheillaDingus) September 28, 2017
Unfortunately, Lazarius Levingston is not the first player to learn extent of injuries post career. https://t.co/NEMVavl2Qq
— Sheilla Dingus (@SheillaDingus) September 28, 2017
The #NFL boasts the best medical care in the world for its players. This is how it worked out according to Lavarius Levingston pic.twitter.com/Q13EX3bIbZ
— Sheilla Dingus (@SheillaDingus) September 28, 2017
Michael Bennett vs. LVPD?
.@McCannSportsLaw examine both sides after Bennett’s video release https://t.co/KbadZdtJ6n via @SInow
— Sheilla Dingus (@SheillaDingus) September 30, 2017
Las Vegas police, with incomplete video evidence, insist that excessive force was not used against Michael Bennett https://t.co/uzOCimXk8p
— ProFootballTalk (@ProFootballTalk) September 30, 2017
You’re seeing what they want to show you. Edited from 193 different videos, culled from nearly 900. But no body cam video.
— ProFootballTalk (@ProFootballTalk) September 30, 2017
LVPD doesn’t include any of the 33 seconds posted earlier this month showing Bennett face down on the ground. Police body cam turned off https://t.co/RQc1tGB01x
— Sheilla Dingus (@SheillaDingus) September 30, 2017
Packers Fan vs. Bears
Packers Fan Suing Bears Gets On Soldier Field In Atlanta Falcons Jersey https://t.co/amwy3huYyp via @dhm @deadspin
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Foul Ball Victim vs. NY Yankees
Oral argument this Wed. in another #Yankees foul ball case, where injured fan seeks to challenge “Baseball Rule”: https://t.co/qUSdzoxH99
— Daniel Wallach (@WALLACHLEGAL) September 30, 2017
NCAA Amateurism Lawsuit:
Look at the NCAA still disingenuously arguing that amateurism has something to do with education https://t.co/NiTymCV5g0
— Patrick Hruby (@patrick_hruby) September 30, 2017
The NCAA’s motion in the “Kessler” case was just filed publicly. Presented w/o comment (b/c I’m not allowed to):https://t.co/SCd7b6RCwp
— Andy Schwarz (@andyhre) September 30, 2017
NCAA claim in SJ motion: appeal is driven by fan belief in “purity of the game.” Also claims fans think athletes “play for love of sport.” pic.twitter.com/bMLQNkGC6c
— Ted Tatos (@TedTatos) October 1, 2017
?Look at Legislation:
House Bill Targets Sports Leagues’ Tax-Exempt Status https://t.co/uDDX3gjsV8 via @Law360 pic.twitter.com/XYv6UZNPJQ
— Sheilla Dingus (@SheillaDingus) September 28, 2017
A US Congressman has tabled a bill to strip the tax-exempt status of the NHL & other leagues. https://t.co/J5mjRHJ1QK ht @SheillaDingus
— Rick Westhead (@rwesthead) September 28, 2017
?Concussion Discussion:
BU researchers studied the brains of 23 former college & pro football players and 50 non athletes with Alzheimers & 18 non-athletes.
— Rick Westhead (@rwesthead) September 26, 2017
‘First ray of hope’: Breakthrough may lead to ability to diagnose CTE in living football players https://t.co/Tz7H9KtpgA
— Rick Maese (@RickMaese) September 26, 2017
Research on CCL11 is beginning to distinguish CTE from Alzheimer’s – and confirm football causation. https://t.co/R4OVkARe3x pic.twitter.com/knTGBt7bLP
— Sheilla Dingus (@SheillaDingus) September 27, 2017
FWIW, the NHL has hired a medical expert who argues that CTE does not exist as a disease.https://t.co/NraEI0k19U
— Rick Westhead (@rwesthead) September 26, 2017
Click and expand this thread – very interesting contrasts between NHL and NFL
Of 1,700 people who have pledged to donate their brains to BU, 5 are former NHL players. None are current NHLers.https://t.co/GkhoVTmq88
— Rick Westhead (@rwesthead) September 26, 2017
#CTE Discoverer: we shouldn’t be surprised that Aaron Hernandez had CTE https://t.co/hdDLJOfxKq via Dr. @bennetomalu9168
— Sheilla Dingus (@SheillaDingus) September 27, 2017
Her tragic turn began following a #concussion sustained while playing soccer. https://t.co/6JaXmACS5k
— Sheilla Dingus (@SheillaDingus) September 28, 2017
Father’s emotional post after teen daughter takes her life https://t.co/GvO5ZXGFlj
— Sheilla Dingus (@SheillaDingus) September 28, 2017
✊?✊?✊?✊✊?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.
⚡️ “Athlete Activism – Week in Review” ✊?✊✊?✊?✊?
This week’s best stories, op-eds and inspirations.https://t.co/QVxWm66TVz— Sheilla Dingus (@SheillaDingus) October 1, 2017
And for those who need the short version – a few must reads:
MUST READ!
Here’s how Nate Boyer got Colin Kaepernick to go from sitting to kneeling https://t.co/mXlbtbr4vY via @WillBrinson— Sheilla Dingus (@SheillaDingus) September 28, 2017
Football is a mirror of America, and can never be exempt from “politics,” writes @fivefifths https://t.co/dWTvA0nm1V
— Sheilla Dingus (@SheillaDingus) October 1, 2017
Josh Norman’s $100,000 pledge to Puerto Rico is the latest act of generosity from an NFL player https://t.co/POdqNzYGCt
— ProFootballTalk (@ProFootballTalk) September 30, 2017
?NFL Sidelines:
Emotional discussion from Chris Carter on football, #CTE, #AaronHernandez & opportunities for black men in America. https://t.co/ZENrg2Wg4w
— Sheilla Dingus (@SheillaDingus) September 29, 2017
.@suntimes @ChicagoBears beat writer @MarkPotash FIRST-AND-10: @Grindin_59 Trevathan two-game suspension not enough https://t.co/d5YY4xnohd
— (((Dorron Katzin))) (@dakatzin) October 1, 2017
.@suntimes @ChicagoBears beat writer @MarkPotash FIRST-AND-10: @Grindin_59 Trevathan two-game suspension not enough https://t.co/d5YY4xnohd
— (((Dorron Katzin))) (@dakatzin) October 1, 2017
Is it ironic that #NFLPA rank & file are protesting for civil rights while @DeSmithNFLPA stripped them of PA voting rights? @wsj @nytimes
— NFLCSFacts (@NFLObjectors) September 24, 2017
?NHL Breakaways:
New #NHL rules shouldn’t distract from league’s biggest problem https://t.co/I0YKmI8mVp via @nypostsports
— Sheilla Dingus (@SheillaDingus) September 30, 2017
?NCAA Notebook:
Deep-dive from @dhellingsports on insurance deception in #NCAA sports – ?opening! https://t.co/kBoxVU7A4R
— Sheilla Dingus (@SheillaDingus) September 29, 2017
NCAA rules at their worst. Worried donated shoes collected by Kelvin Sampson will end up going to a possible recruit https://t.co/qpf5I9lRca
— Dan Wetzel (@DanWetzel) September 9, 2017
?The Scoop on Sports Betting:
Poll: For first time, majority of Americans approve of legalizing #sportsbetting https://t.co/A2tlKp0Adp via @RickMaese & @EmGusk
— Sheilla Dingus (@SheillaDingus) September 26, 2017
Momentum continues toward legalized sports betting, via @NickSortal (+ me and info on @G2Eshows #G2E2017): https://t.co/dylriOUpk8
— Daniel Wallach (@WALLACHLEGAL) September 27, 2017
More Than 30 States Would Likely Legalize Sports Betting By 2023 If Federal Ban Ends via @LSPReport – https://t.co/l9foL1qv8Z
— Sheilla Dingus (@SheillaDingus) September 27, 2017
.@ZachZagger analyzes what to look for as NJ #Sportsbetting case moves toward #SCOTUS hearinghttps://t.co/OVWBWBYguj pic.twitter.com/ul0cTAZedF
— Sheilla Dingus (@SheillaDingus) September 30, 2017
