FDA Bans Ephedra: The FDA has banned the weight-loss drug ephedra, which is blamed in the death of Orioles pitcher Steve Bechler.Major League Baseball banned the drug from the minor leagues in February, following Bechler's death.Consumers Union has a website that describes why the drug should be banned.You can read more from the Amarillo Globe News and the Boston Globe.ESPN has articles here and he...

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Denver Issues Report in Coors Field Elevator Mishap: Denver's chief elevator inspector has found that mechanical failure, combined with a missing safety switch, was the cause of the elevator accident at Coors Field in July, which injured 30 people.As is the nature of things today, you can probably expect a lawsuit to be filed against the elevator company, the city, the ballpark and the Rockies. The elevator company, Kone Inc., issued a statement disagreeing with the report, and the Rockies were quick to point out that the missing safety switch...

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Chargers Suit Moved to San Diego: Five weeks after angering San Diego officials by filing a lawsuit against the city in Los Angeles, the Chargers have agreed to move the suit back to San Diego for adjudication. The team is suing to get released from their contract at Qualcomm Stadium.You can read the San Diego Union-Tribune article he...

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Settlement in NHL Fan Death Still Sealed: Via How Appealing, the Dayton Daily News had a story yesterday on the attempt to keep sealed the settlement amount paid to the family of Brittanie N. Cecil, the 13-year old girl who was killed by a hockey puck at a Columbus Blue Jackets game in March of 2002. Neither the Cecil family, nor the NHL, Blue Jackets and Nationwide Arena, who reached the agreement, want the terms disclosed. The challenge is coming from a Columbus television station, which is claiming the agreement is a public record protected...

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Should this be Sexual Harassment?: Continuing on the theme from the last post, ESPN's Suzy Kolber has accepted an apology from former Jet quarterback Joe Namath, who said twice in an on-camera interview that he wished "to kiss" her. While I am sure that a good lawyer could craft a sexual harassment claim out of this incident, it is nice to see that one adult can apologize to another for an inappropriate mistake without going to cou...

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Manning Defamation Suit Settled: Peyton Manning has settled a defamation suit brought against him by Jamie Ann Naughright, a former trainer at the University of Tennessee. Naughright first sued the University for sexual harassment after Manning, then a Volunteer quarterback, mooned the female trainer. In his book, Manning did not reference Naughright by name, but did refer to a trainer with a "vulgar mouth."I really hope that there is more to this incident than just a quick mooning. Naughright reportedly received a $300,000 settlement from...

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I hope everyone had a good holiday break-- there is not much legal news to report from the last week, but I will catch up during the next few da...

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Yankees and Groundskeeper Charged: Two Yankees relievers and a Fenway Park groundskeeper were all charged Thursday for their respective roles in a brawl that took place during the American League Championship Series.You can find the Boston Police incident report he...

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More on A-Rod Deal: In an update to my post yesterday, here are some more articles on the A-Rod deal, which has been blocked by the players' union and pronounced "dead" by the Red Sox. The New York Times, ESPN, the Sports Business News, the Boston Globe, and the Dallas Morning News have stories on the deal.CNN also has an article stating that the union had no choice but to block the deal.My response to this is that while it is the job of the union to protect all of its members, how much protection to players really need when the minimum salary...

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Ambush Marketing and the Super Bowl: The Houston Chronicle has an article detailing the ambush marketing going on leading up to the Super Bowl and the NFL's attempts to prevent its million dollar sponsors such as Coors, Pepsico and General Motors. Ambush marketing, made famous by Nike at the 1996 Olympics, is where a rival company to an official sponsor buys ad space in and around key venues, hoping to receive exposure and association with major events. Legally, the practice cannot be prevented, so long as the ambusher does not make reference...

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Union Halts A-Rod Deal: The Major League Baseball Player's union has refused to approve a deal that would send Alex Rodriguez to the Red Sox in exchange for Manny Ramirez. In a statement, a spokesman for the union said the deal "crossed the line separating restructuring from reduction, and by a huge margin." The labor agreement prevents players from reducing the amount of current deals unless they receive an added benefit. In the union's eyes, this means a pecuniary benefit, which is unfortunate, because obviously there is a great deal of benefit...

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SI Challenges Order to Reveal Sources: Sports Illustrated reportedly will appeal a ruling that the magazine must reveal the confidential sources used in its story about Mike Price last spring. The article, which detailed a night of drinking and visiting strip clubs, resulted in Price’s dismissal from the University of Alabama without ever coaching a game. Price filed suit in September against Time, Inc., the publisher of SI, for defamation and seeks $20 million in damages. The main claim in the suit centers on the story’s allegation that Price...

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Drafts and Antitrust: The Sports Business News has an excellent article concerning the possible ramifications of an NHL lock-out on the 2005 player entry draft and its prize, projected #1 overall Sidney Crosby, who has been called the most exciting player to come out of Canada since Mario Lemieux. The article discusses drafts, which would be illegal if not for the antitrust exemption in the United States, and the question of who gets the #1 pick if there is no previous seas...

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More on Kobe: ESPN has more on Bryant's attorneys' request for the judge to throw out Colorado's rape shield law and allow in testimony concerning his accuser's sexual and mental history.FindLaw has an article he...

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Only 18 Nights at Wrigley: The Chicago Cubs will apparently only be able to have 18 night games this season at Wrigley, despite the team's hopes to play at least 22 under the lights. The team was unable to reach an agreement with the city, which wanted an increase from the $1 million donation promised by the Cubs to fund a neighborhood improvement project. Both parties wish to resolve the dispute without mediation or court, which are the remedies under the current agreement.UPDATE: Chicago's mayor has responded that the Cubs have not honored...

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CORRECTION Regarding NFL Early-Entry: In my post Monday on Maurice Clarett's lawsuit, I indicated that Pittsburgh receiver Larry Fitzgerald may also attempt to challenge the NFL draft rules by coming out after only two college seasons. But, as reader Edward Neel correctly pointed out, Fitzgerald, while a sophomore, has actually been out of high school for three years (he went to prep school for one year). Thus, if he applied to enter the NFL draft, it is doubtful the league would challenge his reque...

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CART Files for Ch. 11: The Indianapolis Star is reporting that CART has filed for Chapter 11 bankruptcy reorganizati...

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Fans Sues Skins Over Walking Ban: A long-time Washington Redskins fan appears in court today to defend her suit against the team and the owners of FedEx Field over rules that do not allow fans to walk to the stadium. On game days, metal barricades prevent pedestrians from accessing the public streets and sidewalks leading up to the stadium. The plaintiff claims the suit is a conspiracy between the team, stadium and the city to force fans to park in expensive parking lots and take the provided shuttle buses. The team claims the closures are...

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Sponsor Problems for Lingerie Bowl: According to the Wall Street Journal, Dodge is considering pulling its sponsorship of the Lingerie Bowl, under pressure from its dealers. I am not sure what, if any, breach of contract claims could arise if it does pull out, especially as the "game" (on Super Bowl Sunday) draws near. Apparently, though, another sponsor has approached the Bowl about replacing Dodge, so it may not be much of an issue.CNN has an article he...

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Motions Filed in Bryant Case: While I don't want this blog to become a police blotter, the motions filed today in the Kobe Bryant case have strong legal significance. The key is the motion filed by the defense, asking to admit evidence of the victim's previous mental state, including two attempts at suicide. The relevance of this evidence will be questioned, as well as whether the Rape Shield Laws prevent its admittance. A number of other evidentiary and procedural motions were filed as we...

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Indians as Mascots?: Mike Wise of the New York Times has an insightful piece over the controversy at the University of Illinois over their mascot, Chief Illiniwek. Over 1100 colleges an universities, as well as an NFL team and Major league baseball team, have mascots dealing with Native American Indians in some form, but this number is down from over 3000 in 19...

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More on Possible Hockey Defections: An update from a post from this morning- the Sports Business Daily quotes a story from the December 15 Sporting News stating that 19-year-old Nikolai Zherdev, who secretly left his Russian team to fly to the US to join the Columbus Blue Jackets, is fleeing Russian army obligations by coming to the United States.The Columbus Dispatch reports that two other Blue Jacket players who currently play for CSKA (the Russian team) have been conscripted into the Army after Zherdev's departu...

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Stringer Family to Pay: The family of Korey Stringer, the Minnesota Vikings tackle that died in 2001 of heat stroke suffered at training camp, has been ordered to pay $47,000 in court costs and expert witness fees spent by the defendants in the suit. In April, the judge threw out most of the claims. Attorneys for the team indicated they would not have sought fees if the family had declined to appeal the ruling, but the family proceeded unsuccessful...

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Conflict of Interest in the NHL: Kevin Compton, co-owner of the San Jose Sharks, has bought into Mission Sports, a hockey supply company owned by Bob Naegele, Jr., who also owns the Minnesota Wild.The venture raises 2 possible conflicts: one, owners of two different teams going into business together, and two, an owner of a team also having a stake in player equipment at a time when equipment is being increasingly questioned for its durability and safe...

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Defections and Hockey: The Sports Business News has an article about how, even after the Cold War, hockey players continue to "defect" from Russia, leaving their native teams for NHL glo...

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More on Clarett: ESPN has a humorous take on the Clarett situation-- a look 25 years into the futu...

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Skating Organization Files Lawsuit: The Sports Business Daily (subscription required) reports that the World Skating Federation has filed a lawsuit against the International Skating Union and its president, Octavio Cinquanta, for anti-competitive conduct. The suit claims that ISF and Cinquanta improperly maintain a monopoly over the sport of figure skating and related markets by threatening to blacklist or banish any person who provides support to the WSF.You can read the complaint here. The WSF's press release can be found here.Update: ISU...

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Update on Clarett Trial: ESPN's Tom Farrey reports that Maurice Clarett may have found a loophole in the NFL's three-year rule. Clarett claims that since he graduated in December of 2001, prior to the conclusion of the 2001 NFL season, he claims now that 3 NFL seasons will be completed since his graduation, making him eligible for the NFL draft in April. The NFL, of course, takes a different interpretation of the rule, saying that it only counts seasons that began after the player had graduated from high school.This also raises the question of...

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New Era Pays in Overtime Settlement: Following a Labor Department investigation, New Era has agreed to pay $125 thousand to 596 current and former employees. The company failed to properly pay for overtime hours in a two-year period from 2001 to 20...

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Don King Beat Outside the Ring: After enduring multiple federal charges and lawsuits from former fighters, a jury in New York returned a verdict of $7.5 million against the boxing promoter. The plaintiff, Terry Norris, claimed successfully that King conspired to pay him much less than his contract requir...

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Dish Network v. Turner: EchoStar CEO Charlie Ergen has threatened to pull CNN, Cartoon Network and other Turner channels at the end of this year if Turner does not moderate its license-fee demands. The current deal expires December ...

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McCourt Financing Questioned in Bid for Dodgers: Frank McCourt, the Boston real-estate developer who is attempting to buy the Dodgers, may have difficulty getting the sale approved by major league baseball because his bid is so highly leveraged. Apparently, the finances of the deal are incredibly complicated, with a great deal of the $430 million coming in loans from NewsCorp, the current owner of the team, Aramark, which runs concessions at Dodger Stadium, and two to four other lending institutions.Major League Baseball has a rule limiting the...

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Can a Current Player be an Analyst?: Both the Arizona Cardinals and the Carolina Panthers have expressed concern over FOX's plan to use Bill Romanowski as an analyst at this week's game between the two teams. The teams claim that a player currently under contract with another team should not be allowed the information and access normally allowed to the network broadcasters. The Raider linebacker was forced to go on the injured list in October because of repeated concussions, but has not officially retired, nor has he indicated that he intends...

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Clarett's Lawyers Argue Case: The lawyers for Maurice Clarett, the former star running back at Ohio State, made arguments in front of Judge Shira Scheindlin of the Southern District of New York, asking the judge to enjoin the NFL from prohibiting Clarett from entering the 2004 NFL draft. The judge hopes to rule on the matter by February 1.Clarett filed suit against the league in September, challenging the NFL rule a player cannot be eligible for the draft until three years after his high school graduation. Clarett and his lawyers claim this...

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NFL Issues Minority Interviewing Guide: The NFL has released 10 guidelines that all teams must follow when hiring a new head coach. The guidelines are part of the league's year-old policy to encourage the hiring of minority candidates for head coaching positions, which was instituted following complaints by Cyrus Mehri and Johnnie Cochran concerning the NFL's hiring practices.The Detroit Lions were fined $200,000 last year when it hired Steve Mariucci without interviewing a minority candidate, despite the team's claim that 5 minority candidates...

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London Court Enforces Lewis's US Judgment: A London appeals court has upheld a previous ruling that will force Lennox Lewis's former promoters to pay the $6 million in damages awarded by a US District Court in March 2002. The suit, brought under RICO, claimed fraud, breach of fiduciary duty, breach of contract and racketeeri...

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Corporate Law and the Nets: The YankeesNets group announced a breakup plan earlier this week that will undo the 1999 merger of the teams and place the Nets' owners in charge of selling the team. The merger between the two teams was never as successful as both sides had hoped it would ...

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Update on SLOC Dismissal: Apparently, the government's case in the SLOC bribery trial was so weak that the judge declared it "offends my sense of justice." The judge, who was given high marks by jurors and court observers, consistently ruled against the government on motions and objections throughout the proceeding.Thanks to How Appealing for the li...

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Potential Problem with Beijing Logo: Due to a complexity of Chinese intellectual property law, the Beijing Olympic Committee may be forced to pay to use their own logo on commodities and other merchandise. Apparently, the BOC applied for a trademark for the logo but did not file for a design patent. An unidentified Chinese company designed a similar logo and filed for a design patent, removing the avenue for the BOC.This controversy over IP rights spotlights a major concern of many sponsors and advertisers entering the Beijing games. China's...

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Immigration Policy Catches NC State Diving Coach: John Candler, a former diving coach at NC State, was arrested last week as part of a national initiative to arrest and deport non-US citizens that have been convicted of sexually-related crimes involving children. Candler, a British citizen, was convicted twice of indecent liberties with a minor, once in 1966 and once in 1985.The project, dubbed Operation Predator, is part of the increased security measures taken by the Department of Homeland Security, which now hosts two of the three agencies...

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Webber Sues Dada Footwear: The Sacramento Bee reported last week that Chris Webber has filed a lawsuit against LL International Shoe Company, makers of Dada Footware, for breach of contract and other claims stemming from Webber's endorsement deal with the company. Webber claims numerous violations of the agreement he signed with Dada in 2002, including that the company failed to take his creative suggestions and issue him stock; and did not keep him as President of LL International's sports divisi...

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Back to blogging: After two final exams and a computer malfunction, I am back to blogging. I apologize for the delay and will be catching up as much as possib...

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NYRA to be Indicted: The New York Times reports today that the New York Racing Association, which operates horsetracks at Belmont and Saratoga, will be indicted today on charges of conspiracy, tax evasion and fraud. Under a deferred prosecution agreement, which is made for defendants showing good faith in correcting past mistakes, the NYRA will be allowed to continue operating its tracks and will pay a large fine. The indictment follows an investigation into the association after 19 mutuel clerks were convicted of tax evasion and money laun...

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SLOC Case Dismissed: A US District Court judge has dismissed the charges against the two men accused of bribing Salt Lake City Olympic Committee officials, saying the prosecution had provided "insufficient evidence" and failed to prove its case. The charges had included bribery racketeering, fraud and conspiracy. The motion for a directed verdict was granted one day after the prosecution rested its ca...

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Design for Lacrosse Stick Ruled Stolen: A federal jury in Worcester (MA) has awarded a verdict of $2 million to Brine, Inc., after it ruled that fellow lacrosse manufacturer STX misappropriated its design for a new lacrosse stick. Those familiar with the industry say that the verdict may be enough to bankrupt STX. The company continues to deny it stole the design and plans to appeal the verdi...

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Playmakers and the NFL: This is not yet legally-related, but I really hope that ESPN does not cave to the pressure of the NFL and cancel "Playmakers" for next season. The league has apparently not been happy with the show since its inception, as it dramatizes drug use, spousal abuse and a host of other problems in the context of an NFL locker room. On HBO last night, Paul Tagliabue again spoke out against the show, calling it a "gross mischaracterization of our sport."There is some talk that the NFL will put pressure on ESPN to cancel the show...

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More on Earnhardt: From FindLaw, an article on the Supreme Court declining to hear the appeal concerning the Earnhardt autopsy photos.Update: The Supreme Court today held oral argument on a different case involving autopsy photos, this one concerning the photos of Vincent Foster, a former White House attorney. This is most likely the reason the Court declined to hear the Earnhardt case, as it would probably be largely repetitive.The difference between the cases seems to be the right on which the claim is based. In the Foster case, the claimed...

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Disney Meets NASCAR: The Sports Business Daily (subscription required) is reporting that Disney has inked a deal with ISC to place Mickey Mouse and Donald Duck onto two Monte Carlos that will lead the parade lap at the beginning of the Daytona 500. This is the first time that Disney has allowed its characters to be placed on race cars, as the company has feared the damage to its image that could be done if the cars were involved in a bad crash. Having the cars be ceremonial eliminates this problem.The deal also allows for the combination of...

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News Update: The Sports Business Daily (subscription needed) reported yesterday that North Carolina has passed a law that will make it a felony for a sports agent to furnish anything of value to a student-athlete prior to signing a contract. High schools and colleges could sue a sports agent who violates the regulations. This would be a very interesting development in the land of recruiting, and probably will keep a number of high school camps and competitions out of North Carolina. Good for those legislators, though.The San Diego Tribune reported...

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Better Testing for THG: FindLaw has an article about the science of drug testing improving and catching more and more offenders, especially those that take the human growth hormo...

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No More Exhibitions?: Apparently, there are some allegedly shady practices going on in NCAA Exhibition games, and the NCAA is now considering ending them all together. Here is the ESPN article about actions that UCONN took that while not illegal, don't seem to be entirely legit. Here is another commentary on the current gray area in the rul...

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Falling Behind: Between Thanksgiving this weekend and finals upcoming in a week, I will be behind for a while in updating this site. I will do my best, but my apologies in advan...

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No Moose for You: The minor league hockey team in Winston-Salem, NC was forced to begin the season without a name after a trademark dispute. It turns out the team's chosen name, the Moosehead, was opposed by Moosehead Beer, and the two parties were unable to work out an agreement. The team has now changed its name to the T-Birds, which seems to present similiar problems. No word yet from Ford.On an editorial note, Moosehead? T-Birds? Are we really that desperate for sports team nam...

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More articles on Chicago Cubs scalping case: The court decision yesterday that permits the Cubs to run a 'Premium' ticket service has received a great deal of news coverage. The Sports Business News has an article about the decision and the Chicago Sun-Times has an editorial about how the Cubs may have won the legal battle, but the team lost in the court of public opini...

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Negotiation Might Lead Nets to a Better Place: The New York Times ran an article yesterday on how the Nets used the latest television negotiation to get the Knicks to drop their territoriality clause. This would allow the Nets to move into New York City (i.e., Brooklyn) without having to pay the Knicks a fee.Who knows if this will really happen, but it would be funny to have a New Jersey NBA team in New York and 2 New York football teams in New Jersey. Maybe they can trade nam...

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Need advice on Sports Law?: Here is an article on Gary Roberts, a law professor at Tulane who is considered to be a leading expert in sports l...

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Cubs Ticket Service is Not Scalping: A Cook County (IL) judge ruled yesterday that the Chicago Cubs do not violate state anti-scalping laws by selling some of the best seats in the house to Wrigley Field Premium Ticket Services, who in turn sells the tickets for a marked-up price. The Cubs defended their actions by saying that the seats came from the VIP pool reserved for players' families, the team and the league, and that the service provided tickets to fans that would otherwise not be available. The Cubs' fans, however, countered that the...

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BCS - A Collection of 'Haves' and 'Have Nots': The Wall Street Journal has an article today discussing the conflict between the Bowl Championship Series and the schools that do not comprise the BCS. Currently, only the Big 10, Big 12, Pac 10, ACC, Big East and SEC (+ Notre Dame) are guaranteed at least one representative in the BCS. In 1998, Tulane's football team went 12-0 but did not receive a BCS bid. A similar controversy was avoided this year when TCU lost to Southern Miss, preventing an undefeated season.Dr. Scott Cowen, the president...

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Interesting news in trademark law. The Trademark Blog (a very interesting read) alerted me to this last week. The Wall Street Journal ran a front-page article on November 12 about rivalry licensing, which is the increasingly common practice of one team allowing its mascot to be comically abused by its rival mascot for a fee and a chance to do the same in return.If I ever figure out how to post pictures, I can show some examples, but for now you can see some here.In the $3 billion world of collegiate sports licensing, rivalry licensing has become...

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The Sports Business Daily (log-in required) reported in October about a lawsuit concerning professional sports and beer sales at games. The NFL, the New York Giants and Giants Stadium concessionaire Aramark are being sued by a family, whose daughter was paralyzed in an alcohol-related auto accident outside of the stadium in 1999. The driver had gotten drunk at the game and then attempted to drive home.I have attended numerous sporting events and concerts and faced this exact problem. People drink at the game and then believe that drunk driving...

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A note on this site. Many of the news items posted in the first few weeks may not be that current. Since the site is new, I am attempting to play catch up and link to some interesting stories, even ones from the past few months. I will do my best to include the dat...

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The Arizona Republic published a story recently concerning the legal battle between Arizona State University and the Arizona Cardinals over revenue from advertising signs at Sun Devil Stadium.The Cardinals contend that the University's signs take up valuable real estate in the stadium and that the NFL team receives none of the revenue from the existing signs. Arizona State counters that the Cardinals are being damaged more by their poor performance on the field than their lack of advertising sig...

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James Hayes, the father of Washington Wizards rookie and former South Carolina player Jarvis Hayes, has sued CBS and Eddie Folger, a CBS announcer and former head coach of South Carolina. The suit stems from an incident from the 2002 NCAA Tournament, where Folger drew a circle around Hayes's (the player's) face and wrote some expletives on the telestrator. The images were not shown on screen, but were shown on the big screen at the United Center. The Washington Post has the story.It is unclear why the elder Hayes is bringing suit in this case-...

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Since there is no such thing as 'Sports Law,' this blog will be dedicated to the law and the role it plays in the sports industry. I hope to have it up and running soon. For now, please visit my Technology Blog, available he...

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