NCAA Bribery Scandal UPDATE: Former Auburn Coach Moves to Dismiss Charges

On July 27, 2018, Chuck Connors Person, a former NBA player and former Auburn University assistant coach, asked the court, once again, to dismiss the government’s charges against him. According to Person’s memorandum, “the government filed a superseding indictment, which abandoned the original wire fraud conspiracy theory and presented an entirely different wire fraud charge against Person. However, the superseding indictment did not fix any of the problems of the original indictment and, according to Person, the government “failed to advance any persuasive arguments…
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Judge Denies NCAA’s Motion to Dismiss in Student Athlete’s Wage Suit

On July 25, 2018, U.S. District Judge Michael M. Baylson denied the NCAA and Villanova University’s motion to dismiss in Lawrence “Poppy” Livers’ amended lawsuit. As we have previously reported, Livers sued the NCAA claiming that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. The NCAA and Villanova moved to dismiss the amended lawsuit because it was…
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Former NHL Players Will Not Appeal

Michael Cashman, a Minnesota lawyer representing former NHL players who filed lawsuits against the NHL, said that the former NHL players would not appeal United States District Judge Susan Richard Nelson’s decision. As we have recently covered, Judge Nelson declined to certify a class of thousands of former NHL players who sued the NHL. The player claimed that the league failed to inform them of the health risks caused by concussions and head-related trauma, even though the league had knowledge of such information. Judge…
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Ryan Lochte Facing 14-Month Suspension for IV Infusion

12-time U.S. Olympic gold medalist, Ryan Lochte, is currently facing a 14-month suspension for violating World Anti-Doping Agency regulations. The unintended reprieve comes at the swimmer’s own hand – his suspension is a direct response to his social media post, which showed him receiving an intravenous infusion. The photo came to the attention of the U.S. Anti-Doping Agency (USADA), which became suspicious and launched an investigation, ultimately finding that although the substances comprising the treatment were permissible, the volume of the substance exceeded the permissible…
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Attorney Sanctioned in WWE Concussion Suit

On July 22, 2018, U.S. District Judge Vanessa L. Bryant upheld sanctions against attorney Konstantine Kyros. As we have previously covered, Kyros represented former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE. The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. Despite being given more than one opportunity to amend his deficient responses; however, he did not. According to the decision, on January 27, 2016, WWE served Singleton and LoGrasso with interrogatories. On…
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Judge from Deflategate Case Declines Autograph Request from Fan

On July 19, 2018, Scott Smith, an avid Sports Illustrated magazine collector, emailed U.S. District Judge Richard S. Berman requesting his autograph on the cover of the September 14, 2015 issue of Sports Illustrated magazine. According to the email, one of Smith’s lifelong passions is “collecting autographs on my covers of Sports Illustrated magazine.” According to Smith, he has the world’s largest personal collection of autographed SI magazines, about 20,000 magazines in total. His collection is allegedly well documented, he has appeared in Sports…
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Update: Judge Denies Special Investigator in NFL Concussion Settlement

Recently, a judge denied the NFL’s Request to hire a special investigator in the billion-dollar concussion settlement case. According to Judge Anita B. Brody, “[t]he NFL Parties have provided sufficient evidence of possible fraud to warrant serious concern … however, the Claims Administrator and Special Masters have demonstrated that they are capable of ferreting out any claims involving misrepresentations, omissions, or concealment of material fact, and ensuring that those claims are not paid.” As we have previously reported, counsel representing the NFL asked Judge…
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NCAA Analyzes the Impact of Legalized Sports Betting

On July 19, 2018, the NCAA announced that it was analyzing the impact of legalized sports betting by creating an internal team of experts. The team of experts would exam the long-term effects of legalized sports betting and its impact on college sports, including its impact on officiating, rules, and the used of integrity services. The NCAA said it remains opposed to legalized sport betting and is focused on protecting student-athletes and the integrity of their events. According to NCAA chief legal officer Donald Remy,…
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CBS Interactive Inc. Sued for Trademark Infringement

On July 13, 2018, Fulltime Fantasy Sports, LLC (Fulltime) sued CBS Interactive Inc. (CBSi) for trademark infringement, false advertising, breach of contract, conversion, unlawful and deceptive practices, and unfair competition. According to the complaint, “[a]s fantasy football season approaches, Fulltime has been forced to file this action to seek relief from the Court’s so that CBSi will stop misappropriating Fulltime’s intellectual property and good will, stop confusing consumers, and pay Fulltime what it is owed.” Fulltime, founded in 2011, “provided premier fantasy sports content,…
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NHL Players Denied Class Certification

On July 13, 2018, United States District Judge Susan Richard Nelson declined to certify a class of thousands of former NHL players who are suing the NHL. As we have previously reported, several former NHL players sued the NHL claiming that the NHL failed to inform them of the health risks caused by concussions and head-related trauma even though the league had knowledge of such information. The players filed for class certification, but Judge Nelson refused to certify the class because the applicable law…
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