Tuesday, May 31, 2005

Deep Throat Revealed; Will Sports Conspiracies be Solved?

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Soccer Match-Fixing Scandal in Vietnam

Referee Luong Trung Viet of the Vietnam Football Federation ("VFF") has been suspended pending an investigation into his alleged involvement in match-fixing. Trung Viet is apparently the first of a larger group of VFF referees who will be suspended for match-fixing. Such corruption is not uncommon in the VFF, as it has recently been "plagued with match fixing and several players have been jailed or suspended for their involvement in the scandals."

I guess this is a good reminder to us that no matter how bad the officiating sometimes seems in the NFL/NBA/NHL/MLB, at least those referees/umpires aren't purposefully fixing games.

Monday, May 30, 2005

New Orleans Hornets Alleged to Have Violated Fair Labor Standards Act

This past Friday, eight former Hornets' employees filed a lawsuit in the U.S. District Court in New Orleans, alleging that the team required them to work more than 40 hours per week but did not pay overtime. The lawsuit also alleges that those employees who failed to work more than 40 hours per week were penalized and threatened with discharge.

As a matter of background, employees paid on an hourly basis are always protected by the overtime provisions of the Fair Labor Standards Act ("FLSA"), while salaried and contracted employees are often not. This distinction is based on the premise that while hourly employees are paid to work a specific number of hours, those on salaries and contracts are typically paid to complete a task or set of tasks, regardless of how long it takes. If you are interested in reading more on the FLSA, check out this useful reference guide published by the U.S. Department of Labor.

Friday, May 27, 2005

NBA Draft Age Limit (Floor): The Discussion Continues

Christian Ewell of the Baltimore Sun had a great piece last week on the NBA's efforts to institute an age floor. Since I was finishing my thesis, I didn't come across come it (or much else, for that matter). Christian had interviewed Gary Roberts and me for the story:

Michael McCann, an incoming professor at Mississippi College School of Law and member of the legal team that helped former Ohio State football player Maurice Clarett challenge the NFL on a similar issue, said he expected a lawsuit directed at the NBA if it institutes an age limit.

McCann said unlike Clarett, a player trying to jump to the NFL a year earlier than the league had ever allowed, the NBA has had experience with players fresh out of high school.

"[Clarett] had to argue a hypothetical," McCann said. "Here, you already have a nine-year track record. It's clear that the players know what they're doing. It's not like they're making terrible decisions."

But sentiment either way probably won't play much of a role, said Gary Roberts, former president of the Sports Lawyer Association.

If the league and the union agree to allow an age limit, Roberts said, higher courts will likely see it as a collective bargaining issue, not an antitrust issue, thus foiling any legal challenges.

However, he doesn't see the league backing down on luxury taxes for the sake of an age limit.

"There's a lot of saber-rattling, but there are greater issues," Roberts said. "Neither the league or the union will shut down the league over this."


Christian also interviewed NBPA Executive Director Billy Hunter:
"The reality is that the age limit is tied to economics," union executive Billy Hunter said. "It's not about [maturity of the players]."

In addition, the age limit is just one of the issues to be worked out in negotiations on a new collective bargaining agreement this summer.

"I won't say it's a non-starter," Hunter said. "Everything has a price. I know that the owners would like to see an age limit. It depends on what else is on the table."

Fight Club Japan? Japanese Youths Arrested for Violating 1889 Anti-Dueling Law

12 children between the ages of 15 and 17 were recently arrested in Japan for dueling, which has been outlawed since 1889. The children were members of rival fight groups from Yokohama and Tokyo, and they had established intricate rules for their bouts, including that the dueling partners be chosen with consent from both groups; that hair-pulling be disallowed; and that fighting to the death be permitted unless one fighter gives up first. At the time of their arrest, the group from Yokohama was ahead by three wins to two. One of the children had suffered serious injuries to his arm and head. This was not an isolated incident of dueling. In March, six junior high school students from Kunitachi were also arrested for dueling. ("Youths Arrested for Violating 116-year-old Dueling Law," Mainichi Shimbun--Japan, 5/26/05).

Interestingly, one of the recently arrested children wonders what all the fuss is about: "What's wrong with hitting each other with consent?" His comment goes to our earlier discussion on 14-year old American boys boxing (with supervision) and engaging in ultimate fighting (with or without supervision), and also how some wonder whether external influences, such as video games and violent movies, might encourage children to partake in violent activity. Then again, perhaps it is more revealing that over 99 percent of children do not engage in violent activity, despite these so-called explanatory influences.

Thursday, May 26, 2005

Woman Sues Rockies over Loss of Leg

As predicted (12/31/03), a woman who lost part of her right leg in an escalator accident at Coors Field is suing the team, the escalator manufacturer and the baseball stadium municipal district for $700,000. Denver's chief inspector found that mechanical failure, combined with a missing safety switch, was the cause of the July 2003 accident. But Kone, the manufacturer, blamed overcrowding and a misconnected wire for the accident. Blame will be passed around between the team, stadium and the manufacturer, but I would expect a fairly quick settlement in the case. (AP, "Colo. woman sues Rockies over loss of leg," FindLaw, 05/19/05; "Woman who lost leg in escalator mishap sues Rockies," DenverChannel.com, 05/19/05).

Wednesday, May 25, 2005

Earnhardt's Racing Team Sues To Collect Insurance

A trial began this week in the lawsuit between Richard Childress Racing and an insurance company that provided a policy on the life of Dale Earnhardt:
    More than four years after Dale Earnhardt's fatal crash on the last lap of the Daytona 500, his racing team is still trying to collect on a life insurance policy it applied for just weeks before his death. Richard Childress Racing says it took out the $3.7 million policy on Earnhardt's behalf. If collected, the money would go to the NASCAR legend's widow, Teresa.
The insurance company argues that the policy never took effect because Earnhardt never took a physical and Childress had not paid the premium. (Dodd, "Earnhardt's team sues to collect insurance," Char Observer, 05/24/05).