October 8, 2018 Baseball / Contract / Fraud / MLB

DOJ Investigating MLB’s Recruitment of Foreign Players

On October 2, 2018, Sports Illustrated published a report stating that the United States Department of Justice “has begun a sweeping probe into possible corruption tied to [MLB’s] recruitment of international players.” The report published numerous emails, documents, videotapes, photographs, confidential legal briefs, receipts, copies of player visas and passport documents, internal club emails, and private communications by franchise executives. Reportedly, MLB teams, like the Los Angeles Dodgers and the Atlanta Braves, have attempted to circumvent MLB rules and United States immigration law in their …

September 5, 2018 Baseball / Litigation / MLB

Women Drops Claims Against MLB in Foul Ball Suit

On August 24, 2018, Wendy Camlin, a woman suing MLB, the Pittsburgh Pirates, and Sports and Exhibition Authority and Allegheny Country, agreed to drop all of her claims against MLB. Back in April 20, 2015 Camlin attended a baseball game between the Pittsburgh Pirates and the Chicago Cubs at PNC Park, home of the Pittsburg Pirates, when a foul struck Camlin in the head. Camlin seat for the April 20, 2015 game was immediately behind home plate, in Row A, and there was a net …

August 22, 2018 Advertising / Baseball / Contract

Cubs Fan Files Copyright Suit against the Team over Souvenir Design

On Friday, August 17^th, a retired Michigan advertiser filed suit against the Chicago Cubs, alleging that the Cubs stole his design for 1984 souvenirs and reused the design for 2017 souvenirs without his permission or compensation.

Dan Fox was a Chicago advertising executive in 1984, when he contracted with the Cubs to create a souvenir for the team’s divisional championship: a clear acrylic block encasing an ivy leaf from Wrigley Field’s outfield wall. In the original license agreement, the Cubs’ acknowledged Fox as …

August 8, 2018 Baseball / Fantasy Sports / Gambling / MLB / Sports Betting / Sports Gambling

MLB Asks Lawmakers to be Cautious in Recently Legalized Sports Betting World

On July 31, 2018, at the National Conference of State Legislators (NCSL) Bryan Seeley, a senior vice president with Major League Baseball, asked lawmakers to be cautious in the recently legalized sports betting world.

As we have previously reported, in May 2018, the United States Supreme Court struck down a federal statute controlling the states’ ability to regulate sports gambling. In its majority opinion, the court voted to strike down the Professional and Amateur Sports Protection Act of 1992 (PASPA). Although PAPSA did not …

July 10, 2018 Baseball / Contract / Litigation

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 …

July 3, 2018 Baseball / Ethics

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 …

June 28, 2018 Baseball / MLB

Hot Dogs Bite Back

Philadelphia Phillies Mascot the “Phanatic” has been launching free hot dogs high into the stands for as long as Phillies fans can remember. The dogs are launched using a custom turret style launcher mounted on the back of a John Deer, which makes for quite the spectacle. The Phanatic has fed the fans for years with no issues or hot dog related injuries. This all changed this past Monday, June 18^th.

Longtime Philadelphia resident and Phillies fan Kathy McVay was seated behind …

June 18, 2018 Antitrust / Baseball / Legislation / Litigation / Rights

SCOTUS Declines Opportunity to Reconsider MLB Antitrust Exemption

Major League Baseball’s immunity from antitrust violations under the Sherman Act has been called an “anomaly.” It has also been consistently upheld by courts since 1922, when it was unanimously affirmed by the Supreme Court of the United States. The exemption was codified by Congress in the Curt Flood Act of 1998, maintaining an exemption for MLB and its clubs when conducting the “business of baseball” and providing more freedom to players seeking free agency and salary arbitration.

Despite striking out with lower courts, two …

June 11, 2018 Baseball / MLB

Marlins Move Former Employee’s Wage Suit to Federal Court

In April 2018, a former marketing manager for the Miami Marlins filed a lawsuit against the team, claiming lost wages and violations of the Fair Labor Standards Act. On Friday, June 1, 2018, the Marlins filed a notice of removal, moving the case to federal court pursuant to the club’s contention that the former employee’s complaint raises substantial questions of federal law.

Boris Garcia Menier started as an intern with the Marlins in 2006 and later became a marketing coordinator, supervisor and then manager …

June 1, 2018 Baseball

Chicago Cubs Have to Produce Original Emails in Former Scout’s Lawsuits

On October 18, 2017, a former professional baseball scout with the Chicago Cubs Baseball Club, Dennis Henderson, sued the Cubs for violating the California Labor Code, California Family Rights Act, and for discriminating against him on the basis of his age and disability. Henderson is over 40-years-old and had hip surgery while employed with the Cubs. While Henderson worked for the Cubs, he was responsible for scouting three professional baseball organizations; however, according to the Cubs summary judgment motion, scouts who were performing well …