NCAA & Division I Schools are Named in FLSA Lawsuit

On Monday, October 20, the NCAA and all of its member schools were named defendants in an FLSA action alleging violations for failure to pay employees the federal minimum wage.  The plaintiff in this action is yet another former student-athlete seeking compensation for participating in NCAA athletics. Samantha Sackos attended the University of Houston and played for the Division I women’s soccer team.  Sackos brought this suit, naming the NCAA and each Div. I school, alleging the schools’ refusal to pay student-athletes under the…
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Oklahoma State Sues Former O-Line Coach for Breach of Contract

Oklahoma State is suing its former offensive line coach, Joe Wickline, for damages resulting from a breach of contract caused by Wickline’s new job with the Texas Longhorns. Last Friday, the suit was filed in district court alleging the parties entered into a contract requiring Wickline to pay a buy-out fee if he ever left the OK State for a position at another bowl division team that didn’t contain play calling duties.  In January, Wickline was hired by Texas as offensive coordinator and offensive…
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World No.1 Golfer Out for Now to Prepare for Trial Against Horizon

According to the Irish Independent, Rory McIlroy will take a break from golf to handle his legal problems against Horizon Sports Management (“Horizon”).  Currently, McIlroy plans to skip the BMW Masters and the WGC-HBC Champions.  He expects to be back in the game in late November when the World Tour Championship starts in Dubai. In 2013, McIlroy brought a suit against his former management company Horizon, claiming that his agreement signed in 2011 was invalid due to alleged undue influence.  He claimed that the company…
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Judge Wilken Keeps Scholarship Lawsuits Against NCAA Alive

On Thursday, October 9, Northern District of California Judge, Claudia Wilken, denied the NCAA’s motion to dismiss pending class action lawsuits against it for scholarship related antitrust violations. The NCAA filed its motion to dismiss the cases after the same judge, Claudia Wilken, ruled against the NCAA in the O’Bannon case finding the association was in violation of antitrust laws for its denial of player compensation.  The NCAA argues here that the Alston and Jenkins cases should be dismissed as the issue of player scholarships…
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New Law Saves Tribal Casino from Litigation

Last week President Obama signed the Gun Lake Trust Land Reaffirmation Act (“the Act”).  Sponsored by two Democratic Senators of Michigan, the act reauthorizes the trust status of certain land that has been placed into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatami Indians.  The trust land is located in Bradley, Michigan and is a home for the Gun Lake Casino, a gaming house that has been operated by the Gun Lake Tribe since 2011. The enactment of the Act puts an…
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California Federal Court Moves ADA Suit Against Disney to Florida

Disney successfully argued before a California federal judge that a suit alleging Disney’s Disability Access Service (“DAS”) discriminates against autistic children should be transferred to Florida from California where it originated.  Disney reasoned that because the DAS program’s developers are based in Florida and employee training of the program also took place in Florida, the appropriate venue for the suit would be a Florida federal court. Instead of letting disabled guests to skip lines, the DAS program now informs them a return time for attractions…
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Tax Situation Could Land “Jersey Shore” Star in Prison

On Wednesday, September 24, Mike “the Situation” Sorrentino of the MTV show “Jersey Shore,” appeared in court with his brother Marc to plead not guilty of  federal tax  related charges. The Sorrentinos were charged with multiple counts: conspiracy to defraud the US, filing false tax returns, and failing to file a tax return, resulting in a failure to pay for taxes on $8.9 million of income.  The brothers allegedly claimed millions in personal and business expenses including clothing, vehicles, and grooming.  The charges stem from…
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Mitch Williams Sues MLB & Deadspin for Response to Little League Incident

On Wednesday, September 24, ex-MLB pitcher, “Wild Thing” Mitch Williams filed a lawsuit against the MLB network and news outlet, Deadspin. The suit Williams is bringing claims wrongful termination and defamation against the network, where he was an analyst since 2009 until his firing this year, and defamation against Deadspin.  The suit arises from alleged incident at his son’s little league baseball game in May this year.  Deadspin ran two articles on the story, reporting that Williams, a coach for his son’s team, argued with…
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Ninth Circuit Takes NCAA’s Appeal of the O’Bannon Case in Expedited Manner

The Ninth Circuit Court of Appeals agreed to hear the NCAA’s appeal of the O’Bannon case in a speedy manner after the parties filed a joint motion last week to expedite the schedule for briefs and oral arguments so that they have a decision before the permanent injunction by Judge Claudia Wilken becomes effective on August 1, 2015. Typically, the Ninth Circuit does not schedule appeals before all briefs are filed.  Originally, the NCAA was to submit its opening brief by November 28, and the…
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The 9th Circuit Might Be On The Slugger’s Side

The 9th Circuit Court of Appeals is rehearing an obstruction of justice conviction against retired baseball star, Barry Bonds. The conviction stems from Bonds’ 2003 grand jury testimony that was investigating steroid use among professional athletes. Under a grant of immunity, Bonds denied knowingly using steroids or any performance-enhancing drugs provided by the Bay Area Laboratory Co-Operative or his trainer, Greg Anderson. When asked about steroid use, Bonds digressed from the question and instead talked about his childhood and his father. Bonds’ eventually answered…
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