Judge Delays NCAA $75 Million Settlement for the Fifth Time

On March 8, 2018, U.S. District Judge John Lee delayed final approval of a $75 million settlement for the fifth time after he learned that thousands of current and former NCAA student-athletes have still yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed to difficulties notifying more than 4 million student-athletes, including acquiring contact information and physically notifying the student-athletes, have prevented final approval. The most recent difficulty, and the reason for …

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Four MLB Teams Called Out for Potential Misuse of Revenue-Sharing Funds

The Miami Marlins, Oakland Athletics, Pittsburgh Pirates, and Tampa Bay Rays are under scrutiny as the Major League Baseball Players Association (MLBPA) filed a grievance against them on February 23, 2018. The grievance called into question whether their use of revenue-sharing funds has been consistent with the teams’ collective bargaining agreement.

The collective bargaining agreement names its “principle objective” as “promot[ing] the growth of the Game and the industry on an individual Club and on an aggregate basis.” In doing so, the agreement requires that …

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Colombia Law School Holds Conference on NFL Concussion Lawsuit’s Uncapped Settlement Fund

On March 2, 2018, at a conference on class action jurisprudence held at Columbia Law School, advocates and opponents discussed U.S. District Judge Anita Brody’s decision to move the NFL concussion class-action litigation toward an uncapped settlement. Judge Brody, a Columbia Law graduate, attended the conference.

As previously reported, in April 2015, the NFL entered into a settlement agreement with almost 22,000 former players. The settlement established a 65-year uncapped monetary fund for players who could prove certain neurological diagnoses. The settlement provided a …

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Sanctions and Legal Fees Recommended for Plaintiffs’ Attorney in WWE Suit

On February 22, 2018, a federal judge ruled on a motion for sanctions filed by defendant World Wrestling Entertainment Inc. (WWE), against Konstantine Kyros, the attorney representing former WWE wrestlers, plaintiffs Evan Singleton and Vito LoGrasso, in their concussion suit. WWE’s motion sought sanctions against Kyros for failing to sufficiently respond to WWE’s interrogatories.

The recommended ruling stated that plaintiffs’ counsel was served with interrogatories on January 27, 2016, and that when the parties met on March 7, 2016, the responses were still found to …

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A Class of Former Players and the NFL Jointly Ask Judge to Remove Expert

On February 27, 2018, attorneys representing the NFL and attorneys representing a class of former NFL players jointly asked U.S. District Judge Anita Brody to remove neurologist Dr. Stephan Mayer from the Appeals Advisory Panel (APP). The attorney’s agreed that Dr. Brian Ott and Dr. Mary Quiceno should replace Dr. Mayer “given the demands on the … AAP in the implementation and on-going administration settlement.”

As we have previously covered regarding the NFL concussion settlement, Judge Brody approved two groups of medical experts that made …

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Cincinnati Reds Bobbleheads Up for Tax Debate

On February 21, 2018, the Ohio Supreme Court said it would hear arguments from the Cincinnati Reds and Tax Commissioner of Ohio, Joseph Testa, as to whether the team has been giving away, or selling for consideration, bobbleheads with ticket purchases. The outcome will determine whether the Reds will be responsible for back sales and use taxes for years 2008-10, which amount to $88,000.

According to Hillyer Riches accounting services, current tax law in Ohio allows items purchased for resale to be exempt from …

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NFL Painkiller Lawsuit Appealed to Ninth Circuit

On February 23, 2018, former NFL players filed an appellate brief with the U.S. Ninth Circuit Court of Appeals, in which the players argued that their suit against all 32 NFL teams should not have been dismissed on the grounds that it was time-barred. According to the players, they became aware in early 2014 that NFL teams recklessly administered painkillers, which prematurely ended their professional playing careers and contributed to their diminished post-career prospects. According to their brief, the district court’s decision should be vacated …

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Pitino Recommends Legal Action to Reclaim Louisville’s National Title

The Louisville basketball team drama continues as former coach Rick Pitino asks the school to consider taking legal action to address the NCAA’s requirement that the team forfeit its national title. In February, Louisville appealed the NCAA’s decision that forced the team to forego its 2013 national title, as well as 123 wins dating back to 2011, and to pay about $600,000 in penalties. The Infractions Appeals Committee was unsympathetic to the team’s plea and affirmed the above sanctions. On February 21, 2018, immediately …

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Judges Want Media Leaks in NCAA Corruption and Bribery Case to Stop

On February 28, 2018, U.S. District Judges Lewis A. Kaplan and Edgardo Ramos denied the government’s “gag order” and both judges agreed that they plan to issue stronger protective orders that would clearly prohibit further media leaks. A gag order is a judge’s order prohibiting attorneys and parties from talking to the media or the public about an ongoing case. This most recent update on the NCAA corruption and bribery case comes in the wake of recent Yahoo Sports and ESPN reports.

Simply put, there …

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NCAA President Responds to Corruption/Bribery Case Report

On February 23, 2018, NCAA president, Mark Emmert, released a statement in response to allegations made in a Yahoo Sports report. As we have previously covered, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, have provided the federal prosecution with a detailed window into the ongoing NCAA corruption/bribery case. According to the documents, payments as high as $73,000 were paid to current NCAA basketball players like Duke University’s, …

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