Sports Litigation Alert Current Issue
Here’s the latest issue of Sports Litigation Alert, the nation’s only subscription-based periodical reporting on the intersection of sports and the law. We also publish 11 other sports law periodicals. Visit hackneypublications.com to learn more.
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Case Summaries
The Oakley v. MSG War Continues
By Jeff Birren, Senior Writer Charles Oakley and James Dolan are classic “don’t invite ‘ems.” Oakley once played for the New York Knicks. The Dolan family owns Madison Square Garden (“MSG”), and Dolan is its CEO. MSG owns the Knicks and Rangers, and Dolan is the...
The Split Between a Coach and a Team’s Boosters Can Be a Messy Divorce
By Gary Chester, Senior Writer Fans of college sports recognize that the relationship between a head coach and a school’s boosters can resemble a rocky marriage: when the team succeeds, the relationship seems blissful; when the team fails and the boosters want a new...
Washington State University’s Denial of Coach’s Religious Exemption Request Against Receiving Covid-19 Vaccination Found Valid by District Court
By Professor Robert J. Romano, JD, LLM, St. John’s University, Senior Writer On October 18, 2021, Washington State University (WSU) terminated its then head football coach, Nick Rolovich, ‘for cause.’ The reason, or cause, was because Coach Rolovich failed to comply...
FIFA’s New Interim Rules in Light of Diarra: Termination Without Just Cause
By Charlotte Smith, Partner, and Adam Melling, Associate, in the Employment & Sport teams at Walker Morris On 4 October 2024, the European Court of Justice (‘CJEU’) handed down a critical preliminary ruling – the Diarra ruling – on several provisions governing the...
Appeals Court Dismisses Athletes’ Claim that University Breached a Contract When It Failed to Renew Their Scholarships
A North Carolina state appeals court has affirmed the ruling of a lower court for defendant Lenoir-Rhyne University in a case where student-athletes and a team manager for the women's basketball team alleged that the school violated its contractual obligation to the...
Articles
San Jose State University Volleyball Controversy: Legal Examination of Transgender Athlete Participation
Justin B. Kozubal, Ph.D. and Michael S. Carroll, Ph.D. Introduction: In 2024, a group of volleyball players filed a lawsuit in the U.S. District Court for the District of Colorado alleging that the inclusion of a transgender athlete on the San Jose State University...
Update: Former Collegiate Football Stars’ NIL Lawsuits for Retroactive Compensation
By Adam R. Bialek and Dara Elpren, of Wilson Elser For many years, college athletes fought for the right to license their name, image, and likeness (NIL) while keeping their amateur status and participating in college athletics. Since the NCAA conceded and allowed...
Examining the NCAA’s Reversal of Its Transgender Policy in the Wake of The Administration’s
‘Misinterpretation of Title IX’ By Professor Robert J. Romano, JD, LLM, St. John’s University, Senior Writer In reversing its current policy which allowed in most instances for transgender student-athletes to compete in sanctioned events based upon their gender...
Wrestling Fanatics: Referee Clears Gym, Legal Controversy Ensues
Dr. John Wendt To say that Iowa High School Wrestling competition is “intense” is an understatement. The Iowa High School Athletic Association (IHSAA) describes Iowa as “Wrestling’s Home and Heartbeat.”[1] The ISHAA goes on to say, “At the center of...
Three Years In, Flores’ Discrimination Case Against NFL Is Stagnant And Diminished
By Christopher R. Deubert, Senior Writer During the week of March 24, 2025, the United States Court of Appeals for the Second Circuit will hear oral argument on the NFL’s position that the entirety of the racial discrimination lawsuit filed by coach Brian Flores...
Circumventing the NCAA Transfer Portal: A Case Study on Xavier Lucas
By Joseph M. Ricco IV Former Wisconsin football player Xavier Lucas has sparked a legal and NCAA compliance debate after transferring to the University of Miami without entering the transfer portal. His decision challenges existing transfer policies and could set a...
Lawsuit Challenges California Law that ‘Allows Boys to Play on Girls’ Sports Teams
Two female high school athletes from California, K.S. and T.S., along with their families, and the Save Girls’ Sports association, have filed an amended federal lawsuit against the State of California, Riverside Unified School District, and school officials. The...
Hackney Publications Creates Client Referral Program for Sports Lawyers
Hackney Publications announced today a client referral program, leveraging 25 years of editing and publishing experience in the sports law field to pair potential legal clients with sports lawyers. Those “friends of Hackney Publications,” defined as subscribers and...
NYRA and HISA Reach Legal Settlement
The New York Racing Association, Inc. (NYRA) and the Horseracing Integrity and Safety Authority (HISA) have announced a settlement of their dispute regarding HISA’s fee assessment methodology. As a result of the settlement, NYRA will withdraw from the litigation...
NWSL Policy on Transgender Athletes Aided By FIFA And U.S. Soccer Inaction
By Christopher R. Deubert, Senior Writer In 2021, the National Women’s Soccer League (NWSL) released a Policy on Transgender Athletes which generally permits athletes to participate in the league provided their testosterone levels are within the normal ranges of...
More Than Play: How Law, Policy, and Politics Shape American Youth Sport
(Editor’s Note: What follows is an excerpt from More Than Play: How Law, Policy, and Politics Shape American Youth Sport, published by the University of California Press and written by Dionne Koller, Professor of Law and Director of the Center for Sport and the...
Nash, Eisenstein and Oleson Join Littler, Expanding Firm’s Sports Industry Capabilities
Littler has announced the addition of three shareholders to its Washington, D.C. office. Daniel Nash, Stacey Eisenstein, and Nathan Oleson join from Akin Gump, each with a focus on labor and employment issues impacting the professional and collegiate sports industry....
Aronson, Former NBA Vice President and Assistant General Counsel, Joins O’Melveny’s Sports Team
O’Melveny has announced that Benjamin Aronson, former Vice President and Assistant General Counsel at the National Basketball Association, has joined the New York office as a partner in the firm’s General Litigation Practice Group and Entertainment, Sports & Media...
NCAA Study Examines Changing Sports Betting Behaviors as well as Harassment of Athletes from Bettors; Expert Weighs In
A new NCAA survey of the gambling behaviors of more than 20,000 student-athletes has provided an in-depth view into how the quickly changing sports betting landscape in the U.S. is impacting those who play NCAA sports. Even with the proliferation of legal sports...
Getting Rehab Earlier Improves Concussion Outcomes, Study Suggests
People who suffer from continued symptoms of concussion should seek a referral to physical therapy as soon as possible, new research from Oregon Health & Science University suggests. Even though most people naturally recover from concussions within four weeks, the...
News Briefs
Spencer Fane Hires Minnesota-Based Sports Lawyer
Spencer Fane LLP has announced the hire of sports lawyer Brian Schoenborn to its Corporate and Business Transactions practice group. Based in St. Cloud, Minnesota, Schoenborn has deep expertise at the intersection of business law and estate planning. In addition to...
Ethics and Business Law Faculty Member to Serve as Judge for International Sports Law Competition
University of St. Thomas Opus College of Business Professor Emeritus of Ethics and Business Law Dr. John Wendthas been selected to serve as a Judge for the international Sports Law Arbitration Moot (SLAM). The SLAM is a world-class competition with the aim to...
Jim Solano, a Legend in the Sports Agency Industry, Dies at 81
Jim Solano, a legend in the sports agency industry, a philanthropist in the community, professor and loving family man died peacefully at his home on January 26 surrounded by family. He was 81 years old. Jim received his BS, MBA and MS in Taxation degrees from...