Just before Game 3 of the American League Championship Series, indigenous activist Douglas Cardinal filed a legal challenge in Ontario Superior Court to prevent the Cleveland Indians from wearing uniforms bearing their team name and “Chief Wahoo” logo. The logo is a red-faced cartoon with a feather headband and a huge grin. Cardinal argued that the team name and logo are racist and violate Ontario’s human rights code. He contended that the team should be referred to as “the Cleveland team” and should play in …
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National Labor Relations Board’s Counsel Finds Some Limits on Players Unlawful
On October 10, 2016, the National Labor Relations Board’s general counsel declared that some Northwestern University football team rules were unlawful pursuant to an advice memorandum dated September 22, 2016. This ruling found that the players must be freely allowed to post on social media, discuss issues of their health and safety, and speak with the media.
While this ruling has no force of law on the other sixteen private schools, if a similar complaint is ever filed at one of those schools, this memorandum …
Continue ReadingAnother Headache for the NFL and Riddell
On Tuesday, October 4, 2016, helmet maker Riddell Inc. and the NFL were sued by more than 50 former football players and families of deceased players in a new lawsuit in Louisiana Federal Court. The proposed class action alleges that the NFL made “material representations” that several brain conditions such as early-onset dementia, memory loss, and ALS, were not caused by the players’ time in the NFL and the NFL failed to protect its players.
The suit further alleges that the NFL was aware of …
Continue ReadingDaily Fantasy Sports in New York Faces Constitutional Challenge
Just when New York residents thought it was safe to activate their daily fantasy sports accounts, another suit has been filed in the Empire State seeking the immediate and permanent halt to daily fantasy sports. The recent attack is coming from a group known as the Stop Predatory Gambling (SPG) advocacy group. SPG filed a suit contending that the recent law enacted back in August regarding daily fantasy sports not constitutional. SPG claims that in order to enact New York’s controversial daily fantasy sports law, …
Continue ReadingGoing Stag: Third Circuit Will Not Require New York Giants to Pay Memorabilia Dealer’s Attorneys’ Fees
On October 6, 2016, the Third Circuit affirmed that the New York Giants do not have to pay for federal court attorneys’ fees incurred by a memorabilia dealer. The dealer, Eric Inselberg, had argued that the Giants should pay the fees incurred while he attempted to remand his lawsuit back to New Jersey state court because the team’s approach to his claims was “objectively unreasonable.”
Originally, the Giants had removed the civil case to federal court, but in November 2014, U.S. District Judge William Martini …
Continue ReadingAmateur Weightlifter/Santa Barbara Police Officer Sentenced for Workers’ Comp Fraud
Jacob Finnerty was recently sentenced to 120 days in jail, five years of probation, and more than $115,000 in restitution based on charges of workers’ compensation fraud.
Finnerty was a former offensive lineman in college and a competitive wrestler and weightlifter who subsequently became a Santa Barbara police officer. In 2013, he claimed a lower back injury arising out of his work duties when he was involved in a motor vehicle accident. Investigators, however, subsequently discovered that Finnerty was continuing to participate in wrestling and …
Continue ReadingStay Where You Are: Supreme Court Denies Premature Appeal in Redskins Case
On October 3, 2016, the Supreme Court rejected a long-shot appeal from the Washington Redskins, refusing to hear their case prior to the Fourth Circuit’s ruling. The team had attempted the rare “certiorari before judgment” because it wanted its case heard alongside The Slants’ similar case, which was accepted by the court on September 29.
Like the Redskins’ case, the band argued that the board’s refusal to trademark the band name “The Slants” violated its right to free speech. Though the Patent and Trademark …
Continue ReadingAnother Tackle for the NCAA: Ex-MSU Football Player Brings Concussion Lawsuit
The NCAA has been tackling concussion litigation for years, and on Friday, September 30, 2016, an ex-Missouri State University football player brought another concussion lawsuit to add to the NCAA’s defense list.
Richard Walker, who played football for MSU from 1976-79, suffered four traumatic brain injuries and about a dozen blackouts during his time as a student athlete. Walker filed this lawsuit in an Indiana federal court, alleging that the defendants, which include the Mid-America Intercollegiate Athletics Association and the NCAA, knew of and concealed …
Continue ReadingWill North Carolina’s 2017 March Madness Games Be Relocated to New York?
In early September, the NCAA announced it would not be holding the first two rounds of the 2017 March Madness Tournament in North Carolina due its controversial bathroom law. The bathroom law, which was implemented earlier this year, requires that individuals use the public bathrooms that match the gender listed on their birth certificate.
Many sports associations, and specifically the NCAA, have taken a stand to protect the beliefs of the transgender individuals greatly offended by this law and refused to hold events in …
Continue ReadingSupreme Court Denies Review of O’Bannon Lawsuit
On October 3, 2016, the United States Supreme Court announced that it denied requests from both the NCAA and former student athletes to review the ruling in the infamous O’Bannon lawsuit. As a result, the Court will not attempt to tackle the issue of compensation for college student athletes, leaving the Ninth Circuit’s panel decision intact.
In response, the chief legal counselor of the NCAA, Donald Remy, promptly released a statement reacting to the court’s decision. According to Remy, while they are obviously disappointed …
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