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Vol. 3 – 2006 | Sports Litigation Alert
Lawsuit Against the Mets Baseball Team and Security Supervisor Is Thrown Out Painter Did Not Assume Risk of Getting Hit by Golf Ball Throwing at Radar Gun Station Triggers Assumption of Risk Doctrine Appeals Court Denies Cable Company’s Bid for Preliminary Injunction Pilgrim Named LPGA General Counsel What Is a Sanctioned Race and Why Does It Matter? Insurance Coverage Implications of Sanctioning Sports Court Denies NCAA’s Efforts to Shield Investigation Documents James Madison University’s Decision to Cut Athletic Teams: A Farce or Tragedy? Judge Removes City from Assumption of Risk Suit, Leaves Board of Education Don’t ‘Assume’ Anything: Avoiding and Defending Negligence Actions When Spectators Harm Spectators Court: Facility Wasn’t Obligated To Have CPR Equipment On Hand Court Obscures Line of Sight Requirement in ADA Cases Saints Notch a Victory in Workers’ Compensation Case Coach’s Retaliation Complaint Gets Mixed Ruling from Federal Judge State Appeals Applies ‘Prudent Person Standard of Care’ to Golf Case Sorting Through the Legal Implications of Athlete on Athlete Violenc Broncos Owner Picks Up a Legal Victory in Spat with Former Owner Court: Student Athlete’s Negligence Claim Can Continue Time Runs Out on Coach’s Title IX Claim North Dakota Gets Temporary Reprieve on Fighting Sioux Nickname Athlete Loses Argument that Rights Were Triggered after Program Got Underway Skater Was Aware of Hole in Ice Rink Leading to Injury State Supreme Court Invalidates Waiver of Liability in the Name of Public Policy Court Deals Blow to USA Gymnastics, Other Defendants, in Wrongful Death Case Federal Judge Dismisses College Wrestler’s ADA, Due Process Claims James Madison Ties Cutbacks to Title IX Suspicionless Searches and the Fourth Amendment Negotiating Sports-Related Brand Integration Deals in a New Media Environment Plaintiffs Lacked Standing to Sue OCR for Sex Discrimination Fan Had a Right to Heckle Player at Baseball Game Merely Misjudging the Movements of Another Skier Does Not Equal Liability Schools Can Protect Their Team Colors Court Excludes Some Experts from Testifying in Athletic Director’s Case Mascot Ruling in Illinois Could Have National Implications ABA Conference Notebook ABA Conference Notebook National Association for the Deaf Files Class Action Against Redskins National Association for the Deaf Files Class Action Against Redskins Appeals Court Finds Assumption of Risk Inapplicable in Golfing Accident Appeals Court Finds Assumption of Risk Inapplicable in Golfing Accident Off-Rink Collision Still Triggers Assumption of Risk Off-Rink Collision Still Triggers Assumption of Risk ACLU Files Lawsuit on Behalf of Muslim Players Against NMSU ACLU Files Lawsuit on Behalf of Muslim Players Against NMSU Agent Involvement and Compromised Eligibility for Student Athletes Agent Involvement and Compromised Eligibility for Student Athletes Court Rules that Questions Remain About Skier’s Role in Accident Court Rules that Questions Remain About Skier’s Role in Accident Court Sides with Iona on Coach’s Discrimination Claim Court Sides with Iona on Coach’s Discrimination Claim Appeals Court Sides with Chicago Cubs in Ticket Scalping Dispute Abusive Coach, Good Teacher Still Leads to Termination in Alabama Case Title IX Ruling in Jackson Case Breathes New Life into Athletic Director’s Suit Court’s Opinion Downplays Importance of Balco News Story Judge Orders School that Violated Title IX To Reinstate Programs Fantasy Sports and the Right of Publicity Fantasy Sports and the Right of Publicity Ohio State Appeals $2 million Award to Former Coach in Breach of Contract Suit Ohio State Appeals $2 million Award to Former Coach in Breach of Contract Suit Appeals Court Turns Back Case Involving Snow Tubing Accident Appeals Court Turns Back Case Involving Snow Tubing Accident Shoe Manufacturer Scores Significant Trademark Victory in China Shoe Manufacturer Scores Significant Trademark Victory in China Professor: MLB Power Play Was Doomed from the Start Professor: MLB Power Play Was Doomed from the Start Circuit Court Rules Athletic Director’s Protected Speech Merits Remand Circuit Court Rules Athletic Director’s Protected Speech Merits Remand League’s Insurance Policies Do Not Cover Players’ Limo Accident League’s Insurance Policies Do Not Cover Players’ Limo Accident Seventh Circuit: School Board Was Within Its Right To Fire Coach Seventh Circuit: School Board Was Within Its Right To Fire Coach ‘Contributory Negligence’ Dooms Claim of Fan Who Fell From Bleacher ‘Contributory Negligence’ Dooms Claim of Fan Who Fell From Bleacher To License or Not To License — Lessons learned from CDM v. MLBAM To License or Not To License — Lessons learned from CDM v. MLBAM Federal Judge Dismisses Claim of Wrestler, Who Argued Coach Was Negligent Federal Judge Dismisses Claim of Wrestler, Who Argued Coach Was Negligent Athlete’s Negligence Claim Against Coach Falls Because Injury Was Unforeseen Athlete’s Negligence Claim Against Coach Falls Because Injury Was Unforeseen Seventh Circuit Affirms Ruling for Manufacturer of Goalposts Seventh Circuit Affirms Ruling for Manufacturer of Goalposts Judge Dispatches With Fans’ Claim that They Were Denied a Legitimate Race Judge Dispatches With Fans’ Claim that They Were Denied a Legitimate Race Athletic Departments Skirt Legal Lines in Dealing with FaceBook, MySpace Athletic Departments Skirt Legal Lines in Dealing with FaceBook, MySpace Court Affirms Ruling for Association in Spite of Director’s Tirade Remand Will Pose New Challenges for Plaintiff in Aramark Case Appellate Court Dismisses Personal Injury Action Arising Out Of Fall on Monument Park Staircase at Yankee Stadium Fourth Circuit To Rehear Sexual Harassment Case Involving UNC Soccer Coach Phillies Front Office Let the Ball Play Them in Handling the Brett Myers Situation N.Y. Appeals Court: Soccer Player Assumed Risk Temple Basketball Coach Loses Again in Defamation Case Discrimination Litigation over Angels Giveaway Offers More Than Meets the Eye Defendant Taking Practice Swings Protected by Assumption of Risk Coach’s Breach of Contract Suit Is Returned to Trial Court Court: ADD Didn’t Prevent Student Athlete from Playing Football Athletic Directors Grope for a Legal Way To Keep Student Athletes off MySpace Skater Tumbles as Appeals Court Affirms Summary Judgment Appeals Court Affirms Ruling in Assumption of Risk, Products Liability Claim Cubs Win in Legal Action Involving Former Assistant Trainer Court Sides with New York Mets in Slip and Fall Case District May Have Squandered Governmental Immunity in Pole Vault Case State Supreme Court Says Alpine Skier Assumes Risks of Snowboard Rail Court Grants Summary Judgment to Defendant Who Hit Golfer Court Declines To Step in After Players Are Suspended Court Affirms that Participating in Athletics Is Not a Right State Supreme Court Leaves Open Question of Whether Golf Course Was Liable After Shuttering Programs, University Gets Sued for Title IX Court Dismisses Property Owner’s Suits Against Golfers Circuit Remands Question of Whether School Retaliated Against Players Saints Secure Victory in Worker’s Compensation Case Claim of Athletic Department Compliance Officer Survives Appeal Court Grants Athletic Department Official’s Discovery Motions Sports Lawyers Association Conference Notes and Quotes Sports Attorneys Address Recent Decisions by Arbitrators in Pro Sports Agent Misconduct Issues Involving Student Athletes Could Increase Judge’s Decision Lets Stand Claim that Coach Was Blackballed Female Plaintiffs in Colorado Athletics Sex Scandal Appeal Ruling Coach’s Discrimination Claim Moves Forward After He ‘Raises Doubt’ About Defendant’s Motives Lance Armstrong Gets Vindication Cyclists’ Suit Can Continue, but Scientific Testimony Will Be Scrutinized Appeals Court Affirms Finding for Motocross Riders Golfer’s Negligence Claim Against Government Is Dismissed Federal Judge Reduces Attorney Fees in Title IX Case ‘Contact Sports Exception’ to Negligence Applies in Illinois Case Twins Get Relief in Legal Spat with Metrodome Appeals Court Affirms Ruling Concerning Athlete’s Transfer University Sued Over Alleged Promise of Scholarship Athletic Departments Must Use Caution in Conducting Background Checks on Prospective Student-Athletes Court Applies Ordinary Negligence Standard in Cheerleader Injury Case Team Owner Gets Relief from Court in Trademark Dispute Missouri State Goes From One Frying Pan to Another as Title IX Fight Looms The Changing Legal Landscape Around Liability In Spectator Injury Cases St. Bonaventure University and AD Settle High Court: Baseball Player Assumed Risk of Being Intentionally Hit with Pitch Court’s Ruling Further Shields California Coaches District Court Dismisses World Wrestling Association Trademark Claim Against Rival Plaintiff Assumed Risk of Errant Throw in Warm-Up Drill Court Grants Summary Judgment for Athletic Director, School President Delay of Game Dooms Cincinnati’s Antitrust Claim Against the NFL Without ‘Protectable Right to Participate,’ Due Process Claim Is Dismissed Fan’s Failure to Provide Expert Dooms Claim against Arena NCAA Suffers Setback in Defamation Case as Trial Looms Iowa Supreme Court Affirms Judge’s Decisions in Errant Tee Shot Case NFLP, Cleveland Browns Put Plaintiff in the Dawg Pound Tournament Organizer Did Enough To Protect ‘Business Invitee’ Federal Court Dismisses Lawsuit Brought by Anti-Title IX Group Sports League Wins Legal Dispute from Jilted Franchise Minimum Age Requirements in the NFL and NBA: A Legal Review Appeals Court Gives Coed’s Title IX Case Against University of Georgia New Life Without Conclusive Proof of Steroid Use in Pro Sports, Presenter at SRLA Conference Says Congress Should Butt Out Appeals Court Affirms Ruling for Roller Skating Rink Antitrust Lawsuit Challenges NCAA over Amount of Aid to Student Athletes Court Denies Student Athlete’s Motion for a Preliminary Injunction The New NFL CBA – Tightening The Clarett Loophole Spectator at Baseball Game Strikes Out Based on Assumption of Risk Coach Claims Victory in Sex Discrimination Case Mammoth Antitrust Suit Involving NASCAR Will Remain In Kentucky EA Sports Operates Around the Fringes of NCAA Restrictions College Football Player Loses Again, This Time in Appeals Court Is ‘12th Man’ Too General To Be an Enforceable Trademark? Inline Skater Signs Release Form, Prevented from Recovering for Injuries Fired Coach Points to NCAA Findings in Breach of Contract Suit Against Employer Hockey Player, Injured in Fight, Is Entitled to Worker’s Comp Court Says Operation of Golf Range Is ‘a Private Nuisance’ Appeals Court Sides With Bonds in Defamation Suit Court Denies Motion To Dismiss in Golf Course Discrimination Case US Golf Industry Group Plays Up ‘Record Haul’ of Counterfeit Golf Products Court Denies School District’s Motion for Summary Judgment Resort Shielded by Ski Area Safety Act MLB Properties Sweeps a Twin Bill in Legal Dispute Women’s Law Project Takes Pa. Schools to Task on Title IX Montana High Court Finds Ticket-Holder’s Actions Undermine His Negligence Claim Court: Getting Hit by a Baseball After a 3rd Out Is an ‘Inherent Risk’ Female Golfer’s Discrimination Claim Can Continue New York Court Examines Decision To Suspend Olympic Coach High Court Vacates Order Lifting Suspension of Student-Athlete