January 6, 2020 Contract / Harassment / Litigation / NFL

NFL Agent Sues NFLPA for Harassment and Harm to Reputation

NFL player agent Vincent Porter is suing the NFL Players Association (NFLPA), claiming that they unfairly harassed him over dismissed criminal charges and ultimately ruined his professional reputation.

In 2014, Porter was charged with conspiracy to commit wire fraud. The NFLPA suspended Porter after the charges were announced and publicized his suspension. Porter entered a deferred prosecution agreement and eventually had his charges dismissed with prejudice. Following the dismissal of charges, the suspension was reversed in 2016 after an arbitration between Porter and the NFLPA. …

December 11, 2019 Concussions / Hockey / NCAA

Leave Us Out of It: NCAA Field Hockey Concussion Suit

On December 2, 2019, the NCAA filed a reply memorandum in support of its motion for summary judgment against former American University student-athlete, Jennifer Bradley. In April 2014, Bradley filed suit against the NCAA, American University, and other entities and individuals. Bradley alleged the defendants breached their duty of care after she suffered a head injury while competing in a NCAA field hockey match.

During a September 2011 match, Bradley was hit in the head with a hockey stick. She soon began to experience signs …

December 10, 2019 Concussions / Litigation

Parents Respond to Pop Warner’s Attempt to Exit CTE Suit

On December 2, 2019, Kimberly Archie and Jo Cornell (plaintiffs) filed their response in opposition to Pop Warner’s motion for summary judgment. Archie’s son, Paul, and Cornell’s son, Tyler, participated in Pop Warner Youth Football between the late 1990s and early 2000s. Both young men passed away in 2014.

In an evaluation from Boston University, it was revealed that the young men suffered from Chronic Traumatic Encephalopathy (CTE). In 2016, the plaintiffs filed suit in the U.S. District Court for the Central District of California, …

December 6, 2019 Hockey / Litigation

No Goal: Massachusetts Panel Rules that Hockey Player Can’t Sue Fellow Player or Officials over Injury

The Massachusetts Appeals Court ruled in a split decision that a high school-age hockey player cannot sue a fellow player or other officials for a serious injury he suffered as a result of an illegal hit.

In July 2013, hockey player Daniel Borella was injured by opposing player Julion Scott Lever near the end of a game between the New England Renegades and Team Kanaly. After being checked by Lever, Borella briefly lost consciousness and had his hand slashed by Lever’s skate. Borella permanently lost …

November 11, 2019 Concussions / Litigation

Youth Football Concussion Suit, Pop Warner Seeks to Exit

Pop Warner Little Scholars, Inc. submitted a motion for summary judgment to U.S. District Court Judge Phillip S. Gutierrez for the Central District of California on October 25, 2019. Pop Warner is a named defendant in a lawsuit alleging the organization knew of, and hid, the safety risks associated with youth football. The youth football organization is asserting the plaintiffs’ lack of evidence to show it was aware of the alleged health risks until years later.

According to the complaint filed September 1, 2016, Paul …

October 23, 2019 Defamation / Litigation / NFL

Browns Rushed to Identify Beer-Pouring Fan, Misidentified Fan Files Suit

The Tennessee Titans faced off against the Cleveland Browns at FirstEnergy Stadium in Cleveland, Ohio on September 8, 2019. As customary, a group of Browns fans sat in the area behind the home team’s goal post, dubbed the Dawg Pound. The Browns were trailing the Titans and, late in the fourth quarter, Baker Mayfield’s pass was intercepted and returned for a touchdown by Titans cornerback, Malcolm Butler. Fellow Titan, Logan Ryan, decided to jump into the Dawg Pound while celebrating Butler’s pick six.

While celebrating, …

October 17, 2019 Litigation / NFL

Eagles Soar Away from Liability, Appeals Court Reverses $700K Judgment

On October 11, 2019, the Superior Court of Pennsylvania reversed the trial court’s $700,000 award to Dallas Cowboys fan Patrick Pearson. Pearson, who was assaulted at Lincoln Financial Field, alleged that the Philadelphia Eagles were negligent in providing security during the December 14, 2014 matchup between the Eagles and Cowboys. The Superior Court ruled that the Eagles could not have foreseen or anticipated that a fight would occur in a bathroom at the stadium.

At the time of the alleged fight admitted at trial, Pearson …

June 10, 2019 Litigation / NCAA

Three Former UCLA Football Players Sue for Injuries

Three former UCLA football players are suing the school for injuries they suffered while playing under head coach Jim Mora. John Lopez, Poasi Moala, and Zach Bateman are seeking in excess of $15 million in damages from the mishandling of their injuries. All three lawsuits, filed June 5, 2019 in Los Angeles Superior Court, name Mora, former offensive line coach Adrian Klemm, associate trainer Anthony Venute, and the university in their suit. Lopez and Moala each name the NCAA in their suit as well.

The …

March 31, 2015 Soccer

Sports Litigation Case Law Update March 2015 Part 1 of 2

In this month’s sports litigation case law update, we travel to a soccer stadium in Texas, a softball field in Illinois, a hockey locker room in upstate New York, and then back to Texas to a youth baseball field. We start, however, with the best sports-related quote in a judicial opinion this past month, which comes from the Court of Appeals of North Carolina which stated “we conclude that the purported conflict described in [defendant’s counsel’s] motion to disqualify looks less like a conflict of …

February 1, 2015 Boxing / Doping

Punches After the Bell

No “Silva” Lining for Diaz as Both Fail Drug Tests: The return of UFC mainstay Anderson (The Spider) Silva took an unfortunate turn following his January 31, 2015 decision victory over Nick Diaz when it was revealed that he tested positive for Drostanolone and Androstane metabolites in a pre-fight drug test. Unfortunately for Diaz, the positive test will likely be of little benefit to him, as he himself tested positive for marijuana following a post-fight examination. The double positive, following an exceptionally high profile …