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Vol. 5 – 2008 | Sports Litigation Alert
Court Sides with Plaintiff in Claims Against ASU and Its Athletic Director Analysis: Examining the Federal Judge’s Thinking in NFL Drug Testing Case Coach’s Claim Is Dismissed After Failing to Prove District’s Stated Reason Was Pretext Appeals Court Calls a Let in Personal Injury Case Supreme Court Lets Stand Ruling Involving USOC and Its Funding of Paralympic Athletes NFL Blind-sided by Federal Judge’s Decision Court Sides with School on Athlete’s Constitutional Law Claim Risk Management and Action Sports Events: Old Rules Apply to New Sports The Joke Is on Defendant in Breach of Contract Case Indiana Girl Sues for the Right To Play Boys High School Baseball FCC Judge Slows NFL Network in Its Dispute with Comcast Auburn Finds the End Zone … in a Court of Law Court Dismisses Claim of Jilted Coaches for Failure to State a Claim Judge Makes ADA Accommodations a Requirement at FedEx Field Judge Dismisses Student Athlete’s Lawsuit against NCAA, Big East Jury Returns Verdict for Retired Professional Football Players Permanent Injunction Stops Sales of Acushnet Line of Golf Balls Court Dismisses Discrimination Claim, While Sustaining Pay Disparity Bid Ninth Circuit Orders Rehearing of Drug Testing Case Favre Should Learn to Keep A Secret, A Trade Secret that Is. Failure to Satisfy ‘Discover Order’ Proves Costly in Case against Mets Coaches – How Hard Is It to Sign a Multi-Million Dollar Contract? NHL Moves Closer to Legal Victory in Antitrust Case Florida Gulf Coastal University Settles Gender Discrimination Lawsuits Brought by Coaches Appeals Court Affirms that Punishment Was Appropriate for Athlete Arkansas Official’s Resignation Leads to Dismissal of Improper Investigation Claim Ninth Circuit Orders Rehearing of Drug Testing Case Professional Baseball Team Snags Victory in Personal Injury Action Another Lawyer Turned Athletic Director: Indiana Hires Fred Glass Technology Leads to Improvements in Venue Safety and Security, Lessening Legal Exposure Pat-down Searches Reemerge in Tampa After Injunction Is Lifted Court Agrees To Transfer Case in Soccer Store Dispute Appeals Court Affirms School District’s Liability in Premises Liability Action Court Cites Attorneys’ Mistake in Negligence Case OSU Baseball Star Gets Early Victory in Case Against NCAA Federal Court Finds Congressional Regulation of Interstate Horseracing Wagering Preempts Ohio Law Panel Affirms Ruling Favoring Baseball in Antitrust Case New Orleans Hornets on Losing End of Overtime Lawsuit Lower Court’s Decision that Rule Was Applied Arbitrarily Stands Outgoing NCAA Infractions Committee Member Recommends Changes Sanctioning of Sporting Event by National Organization Does Not Equal Control Student Athlete Claims NCAA, Big East Breached Contract Scandal at Marshall Festers as Former Compliance Director and Coach Square Off Court Turns Away School District’s ‘Need’ Argument in Title IX Case SMU Basketball Player Sues After Losing Scholarship Fourth Circuit Sides with JMU in Title IX Dispute NSLI to Host Conference on Legal Issues in Pro Sports Partial Victory Goes to Adidas in Products Liability Male Coach’s Title IX Claim Is Dismissed NCAA Gets Protective Order in Cohane Case University Picks Up Another Victory in Chief Illiniwek Litigation Court Rules that Student Athlete Fee Does Not Pay for Catastrophic Insurance Experts Explore the Uniform Athlete Agents Act Learning-Disabled Athlete Failed To Exhaust Administrative Remedies Andrew Giuliani Files Lawsuit Against Duke Court Puts King on the Canvas in Defamation Lawsuit Agent v. Lawyer, What Is the Reality? Court Revives Single-Entity Defense for Pro Sports Leagues in Antitrust Action Assumption of Risk Doctrine Loses Steam Where ‘Compulsion’ Is Present Failure To Show Prior Agreement Dooms Golf Equipment Manufacturer in Antitrust Case NCAA Gets Partial Victory in Bowers Case Court Dismisses Lawsuit Involving Coach’s Advances Toward Athlete Court Denies NFLPA’s Motion, Which Fails to Answer Key Questions Gender and Sexual Orientation Discrimination Alleged at San Diego Mesa College ‘Turf’ War Emerges over the Environmental Liability and Coverage of Artificial Turf Playing Fields Key Negotiating Elements of Coaching Contracts London’s High Court Rules Against Would-be Olympian Jim Brown’s Lawsuit Puts ‘Right to Publicity’ in the Crosshairs When a Temporary Injunction Is Really a Restraining Order, Athlete Gets To Play Death of UCF Freshman Football Player Controversial Panel Affirms Antitrust Ruling, Handing NCAA Another Victory Court Sides Mostly with School District in Coaching Scandal Types of Agreements and General Considerations of Coaching Contracts Jury Slams German Tennis Federation in Antitrust Case Proper System Can Alleviate Damage Associated with Title IX Violation Duke Wins Contract Case Due to Bad Football Team Coach Continues with Retaliation Claim After Court Denies Summary Judgment Judge Dismisses Plaintiffs’ Bid To Stop Installation of Artificial Turf Fields A Shark Never Sleeps: Wheeling and Dealing with the NFL’s Most Ruthless Agent Sportsmen Can Proceed With Claim Against Game Commission Evidence Lacking in Coach’s Retaliation Claim Panel Reaffirms Ruling that Ticket-Holder Consented to Search State Bowling Organization Gets Relief in Case Involving Tax-exempt Status Lack of Subject Matter Jurisdiction Foils Swimmer’s Claim Former NFL Drug Program Agents Sue for Benefits Is It Fair Or Foul? University of Tampa Is Sued by Cheerleader Who Was Raped by Coach Federal Court Requires Board To Hire Minority Head Football Coach Interest in Playing Interscholastic Sports Is Unprotected by Due Process Clause Federal Court Favors Cal-Davis Again in Gender Equity Ruling University of Indianapolis Secures Legal Victory Against Former Coach The Latest on Plaintiff Suing NASCAR for Discrimination Scholarships Reshape the Landscape of Youth Sports Design Flaw Dooms Assumption of Risk Defense in Baseball Case Family Sues Little League, Retailer and Metal Bat Manufacturer over Personal Injuries Suffered by Child District Need Not Give Notice Before Terminating Coaching Contract New York High Court Affirms that Plaintiff Assumed Risk of Getting Struck Plaintiff Fails To Indict Sports Association as a State Actor Score One for the NCAA as Judge Overturns $5 Million Verdict Donna Lopiano Honored at SLA Conference Nevada Supreme Court Favors Team Owner in Assumption of Risk Case Appeals Court: CBA Does Not Apply in Pitcher’s Injury Claim There’s A Shark in Every Pro Player’s Contract Another Plaintiff Joins FGCU Lawsuit Home Field Advantage: Patriots Prevail in Suit Against Club Seat Ticket Holder in Case Before Massachusetts High Court Feathers Ruffled and Jokes Aplenty at Last Day of SLA Conference Court Sides with Intersport in Dispute over Use of ‘March Madness’ Court Grants Injunction to Lacrosse Equipment Manufacturer Court Sides with University and AD in Hiring Dispute Marion Jones’ Relay Teammates: Innocent Victims or Unlucky Teammates? Montana’s Supreme Court Affirms Ruling Against Indoor Football League Appeals Court Affirms Ruling Against Pro Athlete KU Secures Victory in Trademark Infraction Case Sports Law’s Premier Event Set for San Francisco New Jersey’s Highest Court Applies Limited Duty of Care in Hockey Spectator Injury Case Court Hands ESPN, Others a Victory in Case Involving Exhumation of George Gipp Coach’s Constitutional Claim Survives AD’s Summary Judgment Mo What Are the Legal and Managerial Considerations of Succession Planning? Vaccaro, Others Discuss NCAA and Amateurism at Symposium Judge Affirms Previous Decision in America’s Cup Dispute Evidence Exists to Deem the NCAA a State Actor Court Sides with NCAA on Discovery Motion in Long-Running Eligibility Suit Court: Baseball Player Was Aware of Field’s Imperfection Court Denies Parents’ Appeal that District Retaliated Against Them University Of Colorado Appoints Gender Equity Expert Nancy Hogshead-Makar as Title IX Consultant Appeals Court Affirms Assumption of Risk Ruling in Softball Case Court: Athletic Association Must Pay $7 million in Fees Sports Law’s Premier Event Set for San Francisco Panelists Discuss the Legal Ramifications of Performance-Enhancing Drugs in Sports Appellate Court Disregards Release, Reversing Decision in Spa/Fitness Center Case NBA Star Wins Jurisdiction Battle in Lawsuit Against Advisors Court Denies BYU’s Bid to Dismiss Negligence Suit FGCU Coach’s Appeal Denied, Federal Suit is Still in Play Court Declines To Place Longhorn Logo in the Same Category as Budweiser, Kodak TaylorMade Sues, Seeking ‘Corrective Advertising’ from Upstart Club Manufacturer Court Declines To Offer Constitutional Protection to Player who Assaulted Coach IHSAA Reverses Field, Allowing Female Student Athlete To Play Baseball Illinois Supreme Court Emphasizes Contact Sports Exception in Reversal Appeals Court Sides with NHL in Rangers’ Antitrust Suit Judge Sides with University in Title IX Dispute Court: Missing a Few Varsity Games at Beginning of a Career Does Not Cause Irreparable Injury A Success Story in the NBA, Synergy Brings Innovative Technology to the College Ranks District Court Reverses Field, Finding Players’ Claim Can Continue The Real Madness in March Legal Considerations When a Professional Athlete Is Injured Supreme Court Reverses Lower Courts, Finding Officials Were Just in Firing Coach Stadia Mania: The Business, Civic, and Legal Issues of New Stadium Construction (Part Two) Examining Congress’ Legal Position for Investigating Sports Leagues Tenth Circuit Declines To Force USOC To Cover Paralympians Mets Ownership Gets Court Victory in Stadium Dispute Court: Student Athlete’s Claim Against District Police Officer Can Continue Federal Judge Rules for Plaintiffs in Golf Accessibility Suit Plaintiff’s Constitutional Claim Fails after Bid To Coach Son NCAA Agrees to Pay $228 Million to Settle Class Action Antitrust Lawsuit Filed by Former Student-Athletes Court: Plaintiff Was Within Rights to Separately Pursue Purchase of Franchise Fan’s Failure to Notify of Defective Seat Condition Results in Mets Victory Stadia Mania: The Business, Civic, and Legal Issues of New Stadium Construction — Part One Football Player Gets Remand in Personal Injury Action Court Affirms that Golf Facility Owner Was Negligent in Use of Safety Net Student-Athletes Facing Sexual Orientation Harassment or Discrimination Have Legal Recourse Appeals Court Affirms Settlement in Rashidi Wheeler Case Court Discounts Swimmer’s Last Minute Testimony in Negligence Case Court Orders ‘Harsh’ Sanction after Lawyer Fails To Disclose Stake in Synthetic Turf Manufacturer Team Successfully Argues that It Doesn’t Belong in Pacman Suit Parties Dig in Rich Rodriguez-West Virginia Legal Spat Appeals Court Extends New Life to Coach’s Gender Discrimination Claim Court Denies Motion for TRO in Athlete Eligibility Case With Rulings, Fantasy Sports League Players Have Reason to Rejoice Court Rules Coach Can Proceed with Sex Discrimination Claim Judge Dismisses Kentucky Speedway’s Antitrust Suit Against NASCAR Court Confirms that Race Promoter Was Partially Responsible for Accident Ruling in Assumption of Risk Case Favors Defendants Ball State Settles with Coach over Racially-Based Hostilities University of Hawaii Women’s Track Coach Drops Title IX Lawsuit Circuit Court Sides with the University in Discrimination Dispute Question About Track Coach’s Failure to Instruct Trips School District Judge Orders Disclosure About Policy Involving Homosexual Coaches University of California Davis Gets Partial Victory in Title IX Case Federal Judge Affirms New Hampshire High Court’s Ability to Shield Ski Resort