The Unclear Methodology of Suspensions in MLB: David Ortiz and his Bat Tossing Contest Major League Baseball has decided that a five-game suspension is warranted for a player who bumps his manager into the home-plate umpire, and who then, upon returning to the dugout after being ejected, throws a handful of bats in the direction of two other umpires, coming within inches of hitting them.  Although I am an avid Red Sox fan (and I watched the particular incident on live television), the suspension for David...

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Still More on Legal Liability in Recreational Sports:  This is quickly becoming the topic of the summer (see here, here, and here).  The Connecticut Supreme Court has ruled that in skiing, a negligent collision can lead to legal liability.  In addition, the court ruled that a ski area operator can be liable for a collision, if caused by an employee, despite a state statute that says skiers assume the risk of "collision with any other person by any skier while skiing."   The plaintiff in the case was injured while skiing when...

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Pete Rose Rule and Legal Liability:  A New York state court is evaluating whether a player's violation of a league rule designed to prevent injury can lead to legal liability when violated.  John Knowles violated such a rule, which prohibits crashing into other players, like Pete Rose did so famously in the 1970 All-Star Game, in a local softball game.  Also like Rose, Knowles injured the opposing player, breaking his leg.  Now the other player has sued, claiming that the league rule trumps the assumption-of-risk doctrine, paving...

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Richardson Suit Dismissed:  From FindLaw: Nolan Richardson's race discrimination lawsuit against Arkansas was dismissed Thursday by a federal judge who said the case was mostly about "wounded pride." The basketball coach was fired March 1, 2002. He filed suit claiming he was fired because he is black and that his free-speech rights were violated.  "This lawsuit is not about money in the perjorative sense," U.S. District Judge William R. Wilson said. "It is primarily about wounded pride - wounded pride in a man who started way behind,...

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Oral Promises & Professional Sports: The Carlos Boozer SagaFirst off, I would like to thank Greg for inviting me to contribute to the Sports Law Blog. Let me jump right in: As many of you know, last week Carlos Boozer of the Cleveland Cavaliers and his agent, Rob Pelinka, persuaded the Cavaliers into voluntarily making Boozer a free agent. Specifically, Boozer orally promised the Cavaliers that if the team declined to pick up its $695,000 option for the 2004-05 season, he would then sign a 6-year, $40 million contract. The Cavaliers were...

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Exciting News: I have returned from Whistler, which is a beautiful part of the world, and am ready to begin blogging again. I will be catching up over the next week of any big news that has occurred the past week. Be sure to let me know if there are any stories that have caught your eye.In addition, I am pleased to announce that the Sports Law Blog will welcome its first guest blogger, Michael McCann. You may know Michael from his oft-discussed and brilliantly written article, Illegal Defense: The Irrational Economics of Banning High School...

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Bryant Trial links: No time to post a great deal of commentary, but here are some interesting links on the Kobe Bryant trial.Colorado Supreme Court steps into the 1st Amendment battleThe Order from the Supreme CourtThe trial judge's response: a fair trial is at stake.And just for funKobe Bryant Granted Own Expansion T...

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Traveling... I will be on the road much of this week, and so posting could be sparse. If anyone has any interesting stories they think everyone would be interested in, please send them along and I will link to them.Of course, in the biggest of all news, Coach K will remain at Duke. This is what I thought would happen, but it sure is nice to know he will be on the sidelines next year. And it is not only Dukies that are happy about this decisi...

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Say It Ain't So... I was not shocked today to hear that Coach K has been offered the job as the coach of the Lakers. At this point, I think that K has been offered nearly every NBA head coaching position. I was shocked to hear that he was considering it, and that he had made the offer public.I remain convinced that he cannot be seriously considering this offer. He has a dream job at Duke -- a lifetime contract, a campus that adores him, players that listen to him and a community in which he is highly influential. The Lakers? Uncertain tenure...

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Importance of Judicial Clerks: Lest anyone doubt the importance of judicial law clerks, or the role they play in the legal system:A federal judge says a law clerk's illness has delayed a ruling on former basketball coach Nolan Richardson's discrimination suit against the University of Arkansas.On Wednesday, [Judge William R.] Wilson told lawyers in the case that one of his law clerks had been ill with bronchitis last week and this week. That clerk has some expertise in employment law, the judge said, and he wants her to review his findings "with...

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