Judge Rules in Jockey Case: A federal district court judge ruled this morning that jockeys cannot be prevented from wearing patches while riding in this weekend's Kentucky Derby. In two separate cases, the judge upheld the right to wear advertising patches and the right to wear the patch of the Jockey's Guild, their union. The former decision applies only to the litigants in the case, but the latter applies to all jockeys in the Guild. The ruling forestalls any talk of a jockey boycott of this weekend's Derby.You can read more on the case here....

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Who Says There is a Problem? The NBA play-offs on Saturday (1.3 rating) were definitively trumped in the ratings by the NFL Draft (3.8 rating). As a reminder, the NFL has an age-limit on its draft, and the NBA does not. And just so you don't think the NFL is alone in whipping the NBA, three regular season baseball games all received a national rating of 1.3 or higher, including the always popular Giants-Padres match-up. The NCAA play-in game between UNC-Asheville and Texas Southern got a 1.0.My point is this. A number of people have made compelling...

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Article on Twist and the Right of Publicity: A while back, I noted that the Supreme Court chose not to review a right of publicity case involving former NHL player Tony Twist and a comic book character based on him. A friend of mine at this esteemed institution has written a case commentary on the issue, which I recommend to everyone. The cite is 117 Harv. L. Rev. 1275 and it is available for those with Lexis or WestLaw. It begins:The extent to which the First Amendment protects a defendant in a right of publicity case is an issue that has...

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Update on Chargers Lawsuit: The San Diego Tribune reports that the San Diego City council voted to approve a new Chargers lease at Qualcomm Stadium, thus paving the way for the team to drop its lawsuit against the city. The team has stated that the new lease is much more favorable. The Chargers have 45 days to accept the proposal from the city, and if it does so, it will also drop the lawsuit.You can read more on the suit he...

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Update in Jockey Case: A federal district judge heard arguments yesterday in the case of the jockeys suing to be allowed to wear patches while riding. The patches include both advertising and Jockey Guild patches, which have been forbidden because they are "not in keeping with the traditions of the turf." The judge, though, was skeptical of this argument:"The regulation doesn't seem to be designed for that reason," Heyburn said at the end of the 5 1/2-hour hearing. "If that reason was on anybody's mind when they wrote the rule, I'd like to know....

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Extreme Skiing and Assumption of Risk: The increase in extreme and out-of-bounds skiing has prompted a group of Colorado resorts to ask the state legislature for a bill limiting their legal liability.The bill would include "cliffs and extremely steep slopes" in the list of the inherent risks of the sport, letting resorts off the hook for injuries people suffer while skiing them. The list already includes everything from trees and rocks to hydrants and lift towers. It would also protect resorts from being sued for injuries suffered on equipment...

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Appeals Court Rules Against Price: The 11th Circuit court of appeals upheld a ruling that former Alabama football coach Mike Price was not entitled to a hearing before or after being fired last year. The court ruled that Price had no right to such a hearing because he had not yet signed an employment contract. Thus, the decision of the lower court to dismiss Price's lawsuit was affirmed. Price had sued for $20 million, claiming defamation and wrongful termination.His lawsuits against the University President and Sports Illustrated are ongoing....

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Former Softball Coach Sues UW: Claiming breach of contract, wrongful termination and violation of due process, the former softball coach at the University of Washington sued the school on Monday following her termination earlier this year. The coach was dismissed when allegations surfaced that she knew about systematic stockpiling and overprescribing of pain medication in treating the players. A report released Monday describes these allegatio...

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Tax Breaks for Stadiums: The Sports Economist has an interesting post describing the tax breaks that accompany stadium construction. These breaks can be in the tens of millions in many cas...

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Fans Reaction to Steroids: Despite cries that the apocalypse is upon us, Murray Chass reports that fans do not seem to care about the steroid scandal, turning out in record numbers.As I wrote in this post last month, this follows the trend of sports fans ignoring many problems of the players they cheer:By and large, fans see the uniform and not the person underneath. They cheer #8 because of his spectacular plays, but do not care about what Kobe Bryant does in his spare time. They cheer the team to the victory, while looking past the fact that...

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Baseball and Legislation: Doug at Business of Baseball offers a good summary of the proposed Minnesota stadium bill. Despite what they teach you in law school, judges don't make all of the l...

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Limit on Work Visas Could Hurt Leagues: Phil at Beyond the Score has a link to an interesting article concerning visas for foreign-born workers. Apparently, the quota for work visas (66,000) for the entire year of 2004 was reached on March 9, meaning that no visas can be issued to baseball players or anyone else. This has the potential to severely harm baseball, whose June draft often includes numerous foreign-born players.But the larger problem seems to be on the quota. How can a number be set so low that it is exceeded three months into the...

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NFL Draft: Well, the NFL Draft took place today without Mike Williams or Maurice Clarett. But the legal battle will continue. Clarett's legal team will try to get the ruling reversed in the 2nd Circuit or the Supreme Court. If he wins, there will be a supplemental draft. Williams continues his suit against the NFL for monetary damages and will also petition the NCAA for reinstatement.The legal arguments raised in this case are much larger than football. Huge precedents of antitrust and labor law could be decided, which could be very good...

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What Happens If... I do not know a lot about NFL by-laws, so I am hoping someone can help me out with this one. What happens if a team ignores the NFL and selects Mike Williams? Perhaps more realistic, what happens if a team signs him as a non-drafted free agent? I know the league has its list of "draft-eligible" players, but would a team be forbidden or punished in any way for signing a player such as Williams? I am not sure if there is a gentlemen's agreement governing this or actual rules -- and if so, the legal force of these rules.Any...

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Clarett Appeal Denied- End of the Road? As expected by most, Justice Ginsburg has denied Maurice Clarett's motion for an emergency lifting of the 2nd Circuit's stay that will prevent him from entering this weekend's NFL draft. Ginsburg focused on the NFL's willingness to hold a prompt supplemental draft for Clarett and Williams should the ruling be overturned, thus finding no risk of irreparable harm.The Clarett team has not given up and has filed another emergency appeal with Justice Stevens. I am not sure why Justice Stevens would have any...

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Clarett Update: Justice Ginsburg has asked the NFL to file a response by this morning in the Clarett matter. Clarett filed a brief a few days ago for an emergency lifting of the 2nd Circuit stay keeping him out of this weekend's draft. Ginsburg can decide whether to act and lift the stay, or do nothing, which would mean Clarett will not be eligible for the dra...

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Legislative Action: Doug at the Business of Baseball Blog points to legislatures in two states taking actions with sports implications.In Minnesota, the state is attempting to step in to get Twins games on television. Right now, 105 of the Twins games are slated for the Victory Sports Network, which is owned by team. VSN, though, is trying to charge $2.20 per subscriber and cable networks are balking at the demand. The price seems clearly high, as Fox Sports charged $1.70/subscriber last year for the Twins, Timberwolves and Wild and the Yankees...

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Clarett's Appeal: Courtesy of FindLaw, you can now view Clarett's brief for Emergency Lift of Stay filed with the US Supreme Court. As stated yesterday, the chances of the Court taking any action on this are probably ze...

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Court: Coaches' Salaries are Public: Maryland's top appellate court has held that the salary information of coaches at public schools and universities is public information and must be made available. The suit dealt with the coaching contracts of University of Maryland basketball coach Gary Williams and football coach Ralph Friedgen. While the university made available the amounts paid to the two coaches, it refused to release the contract specifics, saying the information represented a private dealing. The court ruled otherwise, saying that...

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Jockeys Sue to Wear Patches: Three jockeys have sued the Kentucky Horse Racing Authority over a rule that prevents them from wearing a Jockey's Guild patch when they race. The jockeys say the rule violates the 1st Amendment right to free speech and free expression. The KHRA was established by the Kentucky governor as the Kentucky Racing Commission (the name has since changed), which means it will probably be viewed as a state actor. This distinguishes this case from other organizations, such as the PGA Tour and Major League Baseball, that restrict...

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Soccer News: Cameroon has been fined US$154,000 and was docked six points from their World Cup qualifying group for wearing a one-piece Puma uniform during the recent African Cup of Nations in Tunisia. Apparently, FIFA warned the team beforehand that the uniform was not sanctioned, but team wore it anyway. Cameroon disputes this, saying that the warning came too late for replacement uniforms could be produced. Puma, the manufacturer, claims that the uniform violates no rules of the sport.With regard to basic equipment that a footballer must...

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Patent Matters in Sports: Patently Obvious (all about patent law) points to a new case in the sporting world. The case is Fieldturf Int'l., Inc. v. Triexe Mgmt. Grp., Inc. in the Northern District of Illinois.Fieldturf alleges that Triexe infringed its patents, intentionally interfered with its prospective economic advantage and committed common law conversion by selling or offering to sell synthetic turf to the U Wisc, UC Berkeley, the Baltimore Ravens, and a fourth project in Ireland. Triexe has denied the material allegations and has asserted...

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More on Clarett: I hope to have more in-depth on the Clarett case and its implications tomorrow, but here is a news update. Clarett has appealed his case to the Supreme Court. The case arrives on Justice Ginsburg's door and she has a number of options. One, she can choose to do nothing. In this case, the stay stands and the draft will go on without Clarett and Williams. Two, she could overrule the stay, but not until after the draft. The Clarett team obviously hopes for three, which is Ginsburg overturning the stay prior to Saturday. Even...

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Stay Issued in Clarett Case: The 2nd Circuit Court of Appeals shocked much of the sports world on Monday, issuing a ruling that will likely keep Maurice Clarett and Mike Williams out of this weekend's NFL draft. The court granted a stay of the District Court's decision, meaning it cannot be enforced pending a full argument and decision by the appellate court. While this decision could come down prior to Saturday's draft, the chances are almost non-existent. In addition, even if it did, by issuing the stay the court indicated that the NFL has...

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Life would be so much easier. . . if I didn't like sports. Sports are more than just a hobby- they dictate our schedules, manipulate our emotions and influence entire days. Sure, I am supposed to be reading for Tax class. But what's going on in the NHL playoffs? Yes, I should be writing the memo for my boss. But I have to check on the stats of my fantasy team.How much more time would I have if I was not consumed by sports? I took the first day of the NCAA tournament off -- I mean, I already think it should be a national holiday. Was I productive...

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Picking Your Opponent? Stuart Benjamin of Volokh has an interesting proposal: allow play-off teams to select their first round opponent, in the order in which they finished in the regular seas...

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For Readers in the Boston Area: The public is invited to attend the 2004 Harvard Sports Law Conference, next Friday, April 23 at 1:00 pm. There will be two panels, one focusing on the Olympics and the other focusing on the ACC/Big East lawsuit and other conference wars in college athletics. I will post a list of the speakers very soon. If you have questions about logistics or anything else, please email ...

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Protests and Golf Tournaments: In a decision of relevance to both sports fans and 1st Amendment scholars, the 11th Circuit has struck down the Augusta, GA anti-protest ordinance. The law, which was passed in advance of Martha Burk's protest of Augusta National's all-male policy, prohibited any group of five or more people from engaging in "[a]ny expression of support for, or protest of, any person, issue, political or other cause or action which is manifested by the physical presence of persons, or the display of signs, posters, banners and the...

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Tax Day in Sports: In honor of Tax Day, I am reposting this earlier story on Tax Law and Sports:This is an area of the law I do not cover much, despite the fact I am currently learning a great deal on the subject. But a good friend sends this along from her tax textbook:Allocation issues have been particularly contentious when a professional sports franchise is purchased. For example, in Laird v. United States, 556 F.2d 1224 (5th Cir. 1977), cert. denied, 434 U.S. 1014 (1978), the Atlanta Falcons professional football team was acquired for about...

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Yankees: No Way Jersey: New Jersey has expressed an interest in bringing a baseball team to the Meadowlands, but they may face substantial opposition. Major League Baseball has said that New Jersey is not on the list of candidates for a team. In addition, the Yankees have expressed strong opposition to a team in the Garden State, for obvious reasons.Could the New York area support three teams? It supports three hockey teams, one in Manhattan, one on Long Island and one at the Meadowlands. It also supports two football teams and two basketball...

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On Baseball and Steroids: I have a post up at Only Baseball Matters concerning the current steroid crisis in baseball. Here is an excerpt:Murray Chass of the New York Times has called the owners out for not testing players under the “reasonable suspicion” clause in the CBA. This clause, however, is a trap for owners. Any attempt by an owner to test a player will surely be challenged by the union. If the player tests positively, then that owner, or a fellow owner, loses the player. This could create considerable dissension among owners and...

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Random Drug Testing for High School Athletes: Florida is considering legislation that would mandate randomized drug testing of all high school athletes. The bill specifies that a school district must test five percent of student-athletes. Most of the opposition to the bill is because of the considerable cost this would impose. Individual tests are expensive, costing approximately $50, and so it would take over half a million dollars each year to implement the bill.Legally, there appears to be no challenge to the proposal. In a series of three...

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Details of Hockey Death Settlement Released: The terms of the settlement between the NHL and the family of the girl that was killed at a Columbus Blue Jackets game in 2002 was made public this week. Overturning a previous decision, the Ohio Supreme Court ruled that the family's interest in privacy did not outweigh the public interest in viewing the settlement, which is a public record.Compare this to yesterday's post, which discussed the Vince Foster case. In that case, the US Supreme Court ruled 9-0 that the family's privacy interest trumped...

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NBA's Business Success: Sportsline has an article on the booming business of the NBA....

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Retro-craze Heads to High School: The Washington Post reports today that the retro jersey phenomenon has spread to high school gear, with the high school jerseys of NBA and NFL stars becoming hot items. However, not all of the jerseys being sold or worn are legal. Websites such as 818jerseys.com and Schoolyardlegends.com have not obtained the rights to the players, a clear violation of their rights of publicity. There are also copyright violations and trademark infringements with respect to the high school team's name, logo and jersey design."Just...

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Clarett Team Files Brief: The lawyers for Maurice Clarett, including at least one reader of this blog, filed their brief yesterday in the 2nd Circuit. I have not been able to find a copy of the brief, but USA Today excerpts it as follows:"While Major League Baseball teams spend an average of $9 million annually for the minor league system, the NFL teams spend virtually nothing on a player development system," Clarett's lawyers wrote in a legal brief. "NFL teams take no financial risk ... all the risk is on the player. College football is a willing...

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More on the Stringer Case The companies that manufactured the equipment that former Vikings player Korey Stringer was wearing when he died have asked the court to dismiss them as defendants in the wrongful-death suit. Riddell and All American Sports Corp. contend they are not parties to the league's collective bargaining agreement, which is the main issue in the case. Say the companies: "Claims against non-signatories can be preempted where their resolution will invoke interpretation of a CBA. The plaintiff's claims cannot be decided without...

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Has Tiger Found His Brooke Shields?: A lot has been made about Tiger Woods's recent struggles, especially in major tournaments. Tiger has just one win and two top-ten finishes this season and has not won a major since the 2002 US Open. Now, perhaps the media is just being ridiculous. I mean, Woods won five tournaments last year, which is a good year for any player on Tour. But is Woods just any player? In the past seven years, no one has dominated a sport like Tiger Woods has dominated golf. Some argue that no golfer has ever been as dominant...

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Astros, Rockets Win Suit Against FSN: The Houston Rockets and Astros scored a major victory in their attempt to start their own regional sports network, as a Texas state court judge granted the teams' motion for summary judgment in their lawsuit with Fox Sports Net. Fox Sports had accused the teams of breach of contract and attempting to defraud the network by announcing their plans to begin their own Houston Regional Sports Network next year. The new RSN would carry Astros and Rockets games, taking away a large percentage of the Houston-area...

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Update on Arrington: The Lavar Arrington case just keeps getting more and more bizarre. First, the Sports Business Daily reported that Arrington had signed the NFLPA group licensing pact, ending his status as the only holdout from group licensing rights. Then, Arrington filed a grievance against the Redskins, saying a roster bonus agreed to orally was not included in the final written contract. Now, the Washington Post and Sports Business Daily (subscription required) are reporting that in that same contract, Arrington may have inadvertently...

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Nuggets Coach Guaranteed Money Next Year: ESPN reports that the job of Nuggets coach Jeff Bzdelik is in jeopardy next year, despite the team's improbable run from worst in the conference to making the play-offs. However, this should not worry Bzdelik, because either way he will get paid. A clause in the coach's contract was triggered when the team made the play-offs, making his $1.5 million salary next year guaranteed. This just goes to show the power of optimism and incentives clauses when drafting a contra...

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Newspapers Drop Earnhardt Photo Case: A group of Florida newspapers has dropped its lawsuit attempting to gain access to the Dale Earnhardt autopsy photos. The newspapers made a claim under the Freedom of Information Act, but were deterred by a recent Supreme Court ruling in a different case. In National Archives and Records Administration v. Favish, the Court ruled 9-0 that the photos taken at the scene of former White House adviser Vincent Foster's suicide did not have to be released. The court held that exemption 7(c) to the FOIA, which...

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Masters and Television Commercials: Over on Per Curiam, there is a post discussing why the Masters is such an enjoyable viewing experience: namely, there are no commercials. Obviously, advertising dollars are a part of sports, but it sure is nice to watch a great round of golf without being interrupted by dancing monkeys and "low carb" beer commercials. A preview:The difference from normal television is startling. Studies show that viewers are being inundated by more and more commercials and "clutter" during television programming. Twenty years...

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Judge Lifts Injunction Against Coach: Superior Court Judge Thomas E. Connolly lifted the injunction he had imposed against UMass coach Don Brown for "willfully and intentionally" breaching his contract with the school he had coached formerly, Northeastern. No reason was given for the lifting of the injuncti...

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Perils of Blogging on Stocks: From the Baseball Crank, an article on Mark Cuban and the dangers of blogging about financial interests. An interesting re...

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Cubs Settle with Last Rooftop Owner: Avoiding costly, though potentially interesting, litigation, the Cubs have settled with the last rooftop owner, avoiding the need for any screens or vision impediments at today's opening home game. The terms are undisclosed.For more on the legal issues, here is an interesting article, "Who Owns the Rooftop?" from the new Northwestern Journal of Technology and Intellectual Property.Hat tip: Armchair GM and Baseball News Bl...

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New Design: I have re-designed the site, and I think it looks better. Please let me know if you disagree- I want it to be as user-friendly and easy to read as possib...

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Law Firm Sponsors NASCAR Teams: The law firm of Jenkins, Jenkins & Jenkins has found a new way to reach potential clients -- putting their name on race cars. The Maryland-based firm now has its name on cars in the Nextel Cup, Busch and Craftsman Truck series. So far, the firm claims the experiment has been a success and client inquiries are up.I see two interesting themes here. One is the growing diversity of the NASCAR audience. Law firms, especially ones in Maryland, would have been wasting their money advertising with NASCAR as little...

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Rooftop Owner Asks Judge to Stop Cubs: The owner of the one rooftop that has not signed an agreement with the Cubs has asked a federal judge to prevent the team from building a wall that would block the views from their building.The rooftop owners claim that the Cubs are trying to delay the trial, allowing them to block the views in the interim. You can read my earlier post on the Cubs "blocking" plans, and on the case.Hat Tip: Business of Baseb...

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Simpsons and Sports: I am a huge Simpsons fan, so I enjoyed this column outlining the Top 10 sports episodes from the series. ESPN did a similar story a while back- only they ranked the Top 100.My personal favorite -- Lisa's First Word -- I love watching Krusty self-destruct as he learns that the Communists are boycotting the 1984 Olympics, rendering useless his ploy to...

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Preparing for the Worst: In a move expected to be followed by other teams, the Carolina Hurricanes have let go fifteen percent of their staff in anticipation of the impending NHL labor problem. The Phoenix Coyotes are considering a similar move.Sabernomics writes that labor shortages do not harm attendance, but I don't think the NHL wants to find out. Especially in much of the United States, fans will not wait long before turning to basketball or other sports to fill the hockey void. I have never feared for the fate of baseball or any other...

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A Step in the Right Direction: For the first time in over a decade, the average baseball salary declined, dropping nearly three percent. But cry not for baseball players -- the average salary is still $2.49 million a ye...

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Bloom Case Argued: Saying the trial court judge put the NCAA "above the law," Jeremy Bloom's attorneys argued his case in front of a Colorado state appellate court. Bloom's attorneys pointed out that NCAA Bylaw 12.1.2, which stipulates a student-athlete can be a professional in one sport and an amateur in another.Attorneys for the NCAA acknowledged Bloom's extraordinary talent, but said that all 360,000 student-athletes need to play by the same rules. If students promote commercial products, the NCAA argued, it blurs the line between amateur...

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Winslow's Agent Choice Could Affect Draft Status: According to the Washington Post, the Washington Redskins are hedging on whether to draft Miami tight end Kellen Winslow based on his choice of agent. The team is concerned that Winslow's representatives, Carl and Kevin Poston, will affect the team's ability to sign Winslow. Teams have become more and more concerned with "signability" of their top draft picks, often passing on players if they do not believe they will be able to sign them.Thanks to reader John Stoner for the t...

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Profile of a "Sports Lawyer": The Atlanta Business Journal has a profile of Mike Egan, an Atlanta attorney at King & Spalding that has structured the deals for the sale of the Falcons, Hawks and Thrashers as part of Atlanta Spirit L...

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Bonds Signs Solo Licensing Deals: After pulling out from the MLBPA licensing scheme in January, Barry Bonds has signed twenty solo licensing deals. Bonds raised some ire by being the only player not to sign onto the MLBPA agreement, which gives the association the power to market each player's name or image, often for apparel, trading cards and video games. Because of his stardom, Bonds has the ability to negotiate individually, thus receiving better terms on his own than he would have gotten as part of the MLBPA. Legally, all players individually...

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Ads on Major League Uniforms?: Calling it a "matter of time," Major League Baseball's executive vice president for business Tim Brosnan has admitted that baseball has looked into selling advertising space on player's uniforms. Brosnan has said the practice could bring in $500 million a year. "We're unashamed of the fact that we are a business," Brosnan said. "I don't think this is unreasonable."Many fans, including Senator Charles Schumer, disagree:"Imagine Willie Mays bearing an ad for Exxon on his back as he turned to make 'the catch.' Envision...

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Updates in Jeremy Bloom Case: A Colorado state appellate court will hear arguments in the case of Colorado football player and professional skier Jeremy Bloom. Bloom is challenging the NCAA's rules, which prevent a collegiate player from accepting money from endorsements, even if the sponsorships are for a different sport than the athlete participates in as a collegiate. Professional skiers rely on endorsements to pay for their training, which is expensive and cannot be covered by stipends or competition winnings.NCAA rules allow players to...

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News Corp Moving to US: News Corp, the media empire run by Rupert Murdoch, will reincorporate in the United States. The company, which recently sold the Dodgers but has significant sports ties, is one of the largest media conglomerates in the world. Previously, News Corp has been based in Austral...

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Lloyds of London Sues Marlins: An often-overlooked part of sports economics is the business of insuring large player contracts. All teams insure their large (and sometimes all) guaranteed player contracts in case of injury. A summary of this case: Marlins sign pitcher Alex Fernandez (who helped them win the 1997 World Series) to a lengthy contract on the basis of one good season. Fernandez gets injured and cannot play, but the Marlins must pay this guaranteed contract. Because of the injury, the team makes a claim with Lloyds, who funded the...

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Opening Day: Never mind the two-game series in Japan and the made-for-TV game last night, today marks the beginning of the baseball regular season. Opening day has always been one of anticipation and excitement for baseball fans, as all teams have a shot at having a great season and making a play-off run. And as much as some (myself included) may lament the dominance of certain teams in baseball, I believe that at least twenty (and maybe more) teams have a legitimate shot at not only making the play-offs, but also winning the World Series.Look...

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Court to Hold Hearing in Clarett Case: The Second Circuit Court of Appeals has agreed to an expedited hearing in the Maurice Clarett case and will hear arguments the week before the NFL draft. While the court did not grant a stay of Judge Scheindlin's decision, the NFL remains confident that the court will rule against Clarett, keeping him out of the 2004 NFL draft.But what of the other players, most notably Mike Williams, the star USC receiver, who gave up their collegiate eligibility based on the original court's decision. More likely than...

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Court Upholds PGA's Right to Real-Time Scores: A unanimous panel of the 11th Circuit has affirmed a granting of summary judgment in the Morris Communications v. PGA Tour case. The case dealt with the issue of whether the PGA Tour could prevent media outlets from selling compiled real-time golf scores to third parties violated antitrust law. The Tour has employees at each whole of its tournaments that collect real-time scores for placement on its website. Once the data is collected and posted, it is made available for dissemination by the news...

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NIT v. NCAA: Skip (aka the Sports Economist) links to a story about the NIT, which has filed an antitrust suit against the NCAA. The summary of the lawsuit (as written by the lead attorney for the NIT) is that the NCAA prevents teams from entering the NIT if it receives an invitation to the NCAA tournament, under pain of NCAA penalties.Dave Gavitt, a former commissioner of the Big East, responded to the story in an article this weekend. His argument is less of a legal one, and more one of common sense and sports:The model Mr. Kessler promotes...

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