Update: Former Yankees Player’s Negligence Suit to Stay in State Court

As we have previously covered, former New York Yankees outfielder, Dustin Fowler, sued the Chicago White Sox in February 2018 after his first ever major league game ended in injury on the White Sox field.  While chasing a foul ball, Fowler ran full speed into what would normally be a padded wall, but what was actually an unpadded metal electrical box that was unapparent to him prior to impact.  Fowler sued the White Sox, claiming that the team negligently installed the box such…
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Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants.  The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries.  The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years. On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a…
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NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…
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Major Sports Leagues Band Together Against Merchandise Counterfeiters

Three major sports leagues, among others, have recently banded together to put an end to a purportedly massive online circuit of sports merchandise counterfeiters using the leagues’ distinctive trademarks.  On July 2, 2018, NBA Properties, Inc., MLB Advanced Media, L.P., NHL Enterprises, L.P., IMG College Licensing, LLC, and the Board of Regents of the University of Nebraska (Plaintiffs) filed suit against an undisclosed list of foreign defendants for alleged trademark infringement. Plaintiffs contend that the online stores are selling their products by using their distinctive…
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Vijay Singh Moving Closer to Trial on Opposition of Doping Suspension

In September 2017, the Sports and Entertainment Law Insider reported that Vijay Singh’s lawsuit against the PGA Tour was heading for trial. That conclusion became clearer as a
New York appellate court affirmed a decision to deny the PGA Tour’s motion for summary judgment on Thursday, June 21, 2018. Singh was suspended by the PGA in 2013 for allegedly violating the tour’s anti-doping policy. Believing he was abiding by all rules, Singh discussed using deer-antler spray to aid pain in a Sports Illustrated article. Singh…
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Former Florida Circuit Judge Faces Disciplinary Action Over Tampa Bay Tickets

On June 22, 2018, a referee’s report was returned regarding former Florida circuit court judge John Lakin and his use of baseball tickets that had been gifted to him by counsel while their motion was pending in his court. While presiding over a personal injury case in 2015, Lakin returned a defense verdict.  The next day, Lakin was offered Tampa Bay Rays tickets from plaintiff’s counsel, whose firm was known to regularly give such tickets out within the legal community.  Lakin accepted.  About a week…
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University of Arkansas Files Suit Against Counterfeit Retailers

On Tuesday, June 26, 2018, the University of Arkansas’ Board of Trustees filed a suit seeking to stop a “massive network” of counterfeit websites selling fake or unregistered Razorback merchandise. The suit was filed in U.S. District Court, in the Northern District of Illinois. Defendants are not named, but are described as retailers “residing in China” or “other foreign jurisdictions”, operating “without any authorizations or licenses”. These phony retailers are extremely successful, as the complaint alleges that they receive tens of millions of visits per…
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UPDATE: 7th Circuit Declines to Revisit its Decision in Late NHL Player’s Wrongful Death Suit

On June 25, 2018, a panel of three 7th Circuit judges voted to deny a rehearing in the wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. As we have continued to cover since 2013, the case was originally dismissed largely due to procedural and technical defects, rather than the merits and alleged facts of the case. Boogaard died in 2011 following an accidental overdose of pain medication and alcohol. He was 28 years old. A posthumous diagnosis revealed that Boogaard…
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Rhode Island All In On Sports Gambling

Rhode Island has become the third state to pass sports betting legislation. The Sports Law Insider has previously reported on both Delaware and New Jersey’s approved gambling legislation. Now, on Friday, June 22, Governor Gina Raimondo signed Rhode Island’s fiscal year budget, which included provisions for the state’s two casinos to offer legal sports betting through the Rhode Island lottery. With the passage of bill H.7200, sports wagering will begin at Twin River Lincoln casino and Twin River Tiverton casino on October 1,…
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NCAA’s ‘Year in Residence’ Rule Here To Stay

The Sports Law Insider has previously reported on the NCAA’s attempt to modernize their transfer rules. The NCAA has transitioned into a notification based system in which student athletes no longer have to receive permission from their current schools to transfer. Instead, they  enter their name into a national database that then notifies their current school of their decision to leave. However, the NCAA did allow individual conferences to install more stringent regulations if they wished. The Sports Law Insider then reported on the Athletic…
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