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Category Archives: Sports Business and the Law

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Region 13 of NLRB Concludes That Northwestern’s Scholarship Football Players are Employees under the National Labor Relations Act and Entitled to Organize and Bargain Collectively with the University Part II of II

Posted in Sports Business and the Law

Let me start this second half by saying that the author of this decision, Regional Director Peter Ohr, is a law school classmate of mine for whom I have tremendous respect. That said, I think the Region made a mistake in directing an election in this case and it is my hope that Northwestern appeals… Continue Reading

Region 13 of NLRB Concludes That Northwestern’s Scholarship Football Players are Employees under the National Labor Relations Act and Entitled to Organize and Bargain Collectively with the University — Part I of II

Posted in Sports Business and the Law

In the first part of this two part blog I will outline the Region Director’s decision, and in part II discuss the potential consequences of the decision and why I think the Region made a mistake in directing an election among Northwestern University’s athletic scholarship football players to determine whether they wish to be represented… Continue Reading

Student-Athlete Suit Filed Against NCAA: Are We At The Tipping Point?

Posted in Sports Business and the Law

As reported by CBS News, there is yet another suit against the NCAA arguing that anti-trust is being violated by not paying college athletes.  We have been following these suits, and folks, this one may be different.  Plaintiff’s attorney is with a very white shoe, respected, and establishment firm. Why does this make a difference?  It may… Continue Reading

Transgender Athlete Sues CrossFit After Being Denied Entry in Women’s Division

Posted in Sports Business and the Law, Uncategorized

  Chloie Jönsson, who was born male and had sexual reassignment surgery in 2006, sought to compete in the 2014 women’s CrossFit Games.  After CrossFit reportedly refused to allow her to compete in the women’s division, Jönsson sued CrossFit on March 6, 2014 in the Superior Court of Santa Cruz, California.  Claiming discrimination, Jönsson reportedly… Continue Reading

Opening Day: It’s All About The Lineup

Posted in Sports Business and the Law

Don’t look now, but Opening Day isn’t too far away.  Even now, eager rookies and wily veterans are back on the diamond.  For now, they’re in warmer climes, in fictional leagues named after tropical fruit.  As one of my favorite movies from childhood puts it, It Happens Every Spring.  Indeed, it is only a matter… Continue Reading

Crossing Over: Allen Iverson Honored by the 76ers

Posted in Sports Business and the Law, Uncategorized

Allen Iverson had his number retired last week by the Philadelphia 76ers, the capper to a career almost certainly destined for the Hall of Fame.  Iverson joined lofty company – Dr. J, Charles Barkley, Moses Malone.  Players who played in rarified air – figuratively and literally. Iverson remains the most remarkable athlete I’ve ever seen… Continue Reading

Punt, Pass, and Kicked Off The Team?: Potential Defamation Liabilities for Former Viking Chris KIuwe

Posted in Sports Business and the Law

On January 6th, it was reported that former Minnesota Vikings punter, Chris Kluwe, retained legal counsel as the Vikings investigate allegations he made against the organization in his January 2nd Deadspin article.  His lawyer is there ostensibly to assist with the investigation the Vikings are conducting into his allegations.  Having read the Deadspin article and… Continue Reading

Getting Rid of A Bad Deal: After Decades of Payments, the NBA Buys out the Spirits’ Former Owners

Posted in Sports Business and the Law

This one takes us back to the land of bell bottoms, super afros and bad disco.  Back when there was a rival basketball league called the ABA (American Basketball League), the NBA wanted a merger. Badly. The upstart league was garnering revenue, attention and provoking bidding wars that the senior league did not want.  One… Continue Reading

An Ounce of Prevention is Worth A Pound of Cure: Claims of CTE Cures Raise Legal Questions

Posted in Sports Business and the Law

The profiteers are emerging from the woodwork.  As more and more former football players struggle with the after-effects of their time on the field, a shadow industry of physicians has emerged, promising a golden cure from degenerative brain disease.  As reported this week by The New Republic, despite conventional wisdom that chronic traumatic encephalopathy can… Continue Reading

Simers Watch, Part 3: Charity Begins At Home

Posted in Sports Business and the Law

T.J. Simers’ lawsuit against the Los Angeles Times, et. al. is chock-full of claims– 11 in all. So, what is Simers’ arguing?  This post is the third in a series of looks at the Simers’ complaint, and each of the causes of action therein. In a week where everyone is talking about interference in the… Continue Reading

Simers Watch, Part 2: Mind over Matter

Posted in Sports Business and the Law, Uncategorized

  T.J. Simers’ lawsuit against the Los Angeles Times, et. al. is chock-full of claims– 11 in all. So, what is Simers’ arguing?  This post is the second in a series of looks at the Simers’ complaint, and each of the causes of action therein. Simers’ fourth, fifth, and sixth claims are regarding discrimination on the… Continue Reading

Simers Watch, Part 1: Age Before Beauty?

Posted in Sports Business and the Law

T.J. Simers’ lawsuit against the Los Angeles Times, et. al. is chock-full of claims– 11 in all. So, what is Simers’ arguing?  This post is the first in a series of looks at the Simers’ complaint, and each of the causes of action therein. Simers’ first three claims have to do with discrimination on the basis of age,which… Continue Reading

Simers Sues Times

Posted in Sports Business and the Law

H.L. Mencken   T.J. Simers is suing his former employer, the LA Times, the Trib, and all affiliated companies.  His columns were not full of sweetness and light, and he claims that his firing was caused by the Times’ kissy-kissy relationship with former Dodgers owner Frank McCourt and Angels owner Arte Moreno.  These allegations, together… Continue Reading

Third Circuit Affirms Ruling Banning Professional and Collegiate Sports Gambling in New Jersey

Posted in Sports Business and the Law

The International Sports Betting Association estimates that $380 billion is spent by gamblers each year in the United States – and that’s not counting the under-the-table dues for your Fantasy Football league.  Naturally, more and more states want to get in on the action, including New Jersey, whose voters overwhelmingly passed a referendum approving the… Continue Reading

NCAA Halts Sales of Team-Related Merchandise on its Website

Posted in Sports Business and the Law

This guest post is authored by Tamarra J. Holmes.  Tamarra is an associate in our Litigation practice, resident in the Princeton, NJ office.  She can be reached at tholmes@foxrothschild.com. The NCAA announced on Thursday, August 8, that it would no longer sell team-related merchandise through its website, ShopNCAASports.com. The revelation came after ESPN analyst, Jay… Continue Reading

Preempting the Players’ Claims: Why the Plaintiffs are on a Path to Arbitration in the NFL Concussion Injury Litigation

Posted in Sports Business and the Law

By: John W. Polonis Villanova University Law Student Editor-In-Chief of the Jeffrey S. Moorad Sports Law Journal   Four thousand plus plaintiffs in the NFL Concussion Injury Litigation face an uphill battle to survive preemption and pursue their state law claims. See Amended Master Complaint at ¶¶54-57, In re National Football Players’ Concussion Injury Litigation…. Continue Reading