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Vol. 6 – 2009 | Sports Litigation Alert
Appeals Court Gives Boxing Referee Exposed to HIV Virus Another Chance Student’s Actions in Personal Injury Case Did Not Satisfy Recklessness Standard Student’s Actions in Personal Injury Case Did Not Satisfy Recklessness Standard Massachusetts Approves Bill S 998, Regulating Mixed Martial Arts in the Bay State Professors Lean on Sports Litigation Alert to Keep Students Current on Sports Law Issues Professors Lean on Sports Litigation Alert to Keep Students Current on Sports Law Issues New York Court Applies Assumption of Risk And Dismisses Suit Against Health Club Settlement in “Enforced Patriotism” Case Commenced by New Jersey Teens Against The Newark Bears Settlement in “Enforced Patriotism” Case Commenced by New Jersey Teens Against The Newark Bears Athletic Association Is Not Liable for Fracas in Parking Lot Speaker Says Fitness Clubs Are Not Doing Enough to Mitigate Risk Sports Law Attorney Examines the Viability of Disappointment Lawsuits Supreme Court Denies Cert in Basketball Case Appellate Court Affirms that Employee Is Entitled to Compensation Indiana High School Athletic Association Prevented from Declaring a Transfer Student Ineligible Court Finds Venue Is Proper in Case involving Gymnast Court Denies Company Another Round with Everlast Court Denies Company Another Round with Everlast Avoiding Criminal and Civil Liability on the Athletic Field Attorney: Controlling Information Is Key to Protecting Incarcerated Athletes Attorney: Controlling Information Is Key to Protecting Incarcerated Athletes Gender Equity Proponents Hail Settlement Agreement in COOK V. FHSAA Female Wrestlers File Gender Equity Complaint against USA Wrestling Female Wrestlers File Gender Equity Complaint against USA Wrestling Tilting Playing Field: Expanded Protection For Sports Trademarks America’s Cup Champion Settles for Valencia after Legal Setback America’s Cup Champion Settles for Valencia after Legal Setback Court Dismisses Claim of Athletic Director, who Advocated for Title IX Court: Association’s Rejection of Coach Was Not Defamation Court: Association’s Rejection of Coach Was Not Defamation Female GM Points to Perseverance as Change Agent for Gender Equity Court Affirms Ruling that Architect and Baseball Team Fulfilled Duty to Patron Court Affirms Ruling that Architect and Baseball Team Fulfilled Duty to Patron Appeals Court Affirms that Attorney Assumed Risk of Injury in Horse-riding Accident Waiver Shields Ski Area in Negligence Case Waiver Shields Ski Area in Negligence Case The NFL Commissioner Asks for Labor Law Reform? O’Melveny & Myers Adds Sports Law Veteran to Team O’Melveny & Myers Adds Sports Law Veteran to Team Attorney, Partner Erred in Not Getting License to Manage Boxer Protecting Sponsorship Exclusivity in the New Media Era: Often a Delicate Balance Protecting Sponsorship Exclusivity in the New Media Era: Often a Delicate Balance Court Finds Immunity Shields CMU, Athletic Department Officials Closed-Captioning Becoming Trend at Sports Facilities Closed-Captioning Becoming Trend at Sports Facilities US Government in the Wrong Over BALCO Seizures Permanent Injunction Granted in Heisman Trademark Infringement Case Permanent Injunction Granted in Heisman Trademark Infringement Case Effective Risk Management Means Planning for the Worst In Unsettled Times Effective Risk Management Means Planning for the Worst In Unsettled Times Kansas Sides with KU in Trademark Dispute Court Grants University of Michigan AD’s Summary Judgment Motion Due Process Claim of Student Athlete’s Parent Is Dismissed Appeals Court Sides with OHSAA in Eligibility Dispute Pro Sports Teams Should Embrace Either Safety Act “Designation” or “Certification” from Department of Homeland Security Pro Sports Teams Should Embrace Either Safety Act “Designation” or “Certification” from Department of Homeland Security Pro Sports Teams Should Embrace Either Safety Act “Designation” or “Certification” from Department of Homeland Security A Sporting Chance in the Empire State A Sporting Chance in the Empire State A Sporting Chance in the Empire State Appeals Court Delivers Setback to Aspiring Olympian Appeals Court Delivers Setback to Aspiring Olympian Appeals Court Delivers Setback to Aspiring Olympian Federal Judge Offers Little Relief to Roger Clemons Federal Judge Offers Little Relief to Roger Clemons Federal Judge Offers Little Relief to Roger Clemons NCAA Rejects Claims of Preferential Treatment for BCS Universities NCAA Rejects Claims of Preferential Treatment for BCS Universities NCAA Rejects Claims of Preferential Treatment for BCS Universities Federal Court Tackles NFL Drug Testing Program Federal Court Tackles NFL Drug Testing Program Federal Court Tackles NFL Drug Testing Program Court Dismisses Constitutional Claims of Protestors at Gay Games Court Dismisses Constitutional Claims of Protestors at Gay Games Court Dismisses Constitutional Claims of Protestors at Gay Games Mootness Doesn’t Dissuade Court from Sharing Opinion on Eligibility Case Plaxico Burress — Two Steps, Three Years and Many Lives Plaxico Burress — Two Steps, Three Years and Many Lives Court Dismisses Patent Claim, Citing Ambiguity High School Football: Liability Lurking Outside the Sideline? High School Football: Liability Lurking Outside the Sideline? Bid to Include Similarly Situated Coaches in FLSA Claim Falls Short Sports Marketing Company Tries to Pin World Wrestling Entertainment Over Use of Term Sports Marketing Company Tries to Pin World Wrestling Entertainment Over Use of Term In Reversal, Appeals Court Declines To Apply Baseball Rule Jackson Lewis Hires Leading Sports Law Authority Jackson Lewis Hires Leading Sports Law Authority School Board Attorneys Gain a Resource for Stopping Sexual Misconduct between Coaches and Student Athletes Golf Company Survives First Test in Intellectual Property Dispute Golf Company Survives First Test in Intellectual Property Dispute Acushnet Wins New Trial in Patent Dispute with Callaway Appellate Judge Rules Against NFL in Supplement Lawsuit Appellate Judge Rules Against NFL in Supplement Lawsuit Deaf Fan Takes Ohio State To Court over Captioning at Athletic Events Deaf Fan Takes Ohio State To Court over Captioning at Athletic Events Sports Law Experts Set To Speak at National Sports Law Institute Conference Appeals Court Overturns Ruling in Negligence Case Appeals Court Overturns Ruling in Negligence Case Female Football Player’s Claim Can Continue After Mixed Ruling Waiver Releases Defendant from Negligence, But Not Gross Negligence District in Trouble over Failed Response to Coach’s Past Transgressions NHLPA Dismisses Executive Director, Former U.S. Prosecutor Paul Kelly Court Affirms that Officials Weren’t Liable for Student-Athlete’s Rape Lawyer Shifts from Legal Department to Overseeing Athletics Compliance Did Sentencing Guidelines Fail in Donte Stallworth Case? Appeals Court Gives New Life to Student Athlete’s MRSA Claim Appeals Court Affirms Ruling for Jewish Group, which Sued MHSAA Comptroller Fails in Legal Bid to Tax Game Ticket Sales Comptroller Fails in Legal Bid to Tax Game Ticket Sales Will Fantasy Sports Always Be Exempted From Gambling Laws? Don’t Bet On It Court Orders Sports Agents into Arbitration Panel Affirms that Referee Owed No Duty to Coach for Collision Legal Arguments Made in NASCAR Drug Suspension Case Caveat Emptor, Seller and Auctioneer When Sports Memorabilia Is for Sale Canadian Court Finds Negligence, Awards Student-Athlete $1.37 Million Judgment Due Process and Its Role in Amateur Athletics Nike’s Close Ties to Jordan Lead to Litigation with Another Apparel Manufacturer and Hall of Fame Baseball Fan Settles Claim in ‘Compelled Patriotism’ Case Act and Signed Waiver Protect Defendants in Ski Accident Case Court Denies Ex-Saints Player’s Bid to Get More Money Teaching Graduate Sport Law Using Case Studies and Sports Litigation Alert Appeals Court Remands Discrimination Case Involving College Coach Sports Agent Loses Appeal in California Case Court Dismisses Jilted Coach’s Claims Court Dismisses Jilted Coach’s Claims Softball Coach Wins Reversal of Summary Judgment Motion Haynes and Boone To Host Sports and Entertainment Series in NYC in September Haynes and Boone To Host Sports and Entertainment Series in NYC in September Duke Successfully Diffuses Golfer’s Breach of Contract Claim Ex-Coach Wins Libel Award Against Wacko Parent Ex-Coach Wins Libel Award Against Wacko Parent Marist College Sues Former Basketball Coach and James Madison University FHSAA Rescinds Schedule-Limiting Policy in the Wake of Title IX Action FHSAA Rescinds Schedule-Limiting Policy in the Wake of Title IX Action Settlement of UC Davis Title IX Lawsuit Could Have National Impact March Madness On Demand: Legal Considerations when Structuring a Successful New Media Sports Promotion New York Court Finds It Premature to Rule on Sports Agent Case Supreme Court Grants Cert in American Needle v. NFL – an Analysis Ex-Employee Picks Up Unusual Trademark Victory Against Team Court Dismisses Claim of Skier, Who Collided with Snowmobile Appellate Division Affirms Summary Judgment for the City of New York NCAA, State of Florida Go Toe to Toe in Dispute over Open Records NCAA, State of Florida Go Toe to Toe in Dispute over Open Records NFL Suspension Lawsuit Continues in State Court Fantasy Sports Leagues Get Another Victory Against Player’s Union Fantasy Sports Leagues Get Another Victory Against Player’s Union Court Denies Summary Judgment After Finding Resort May Have Heightened Risk Court Denies Summary Judgment After Finding Resort May Have Heightened Risk NHL Wins the Battle in the Desert, But Will it Win the War? NBA Player Successful with Motion to Compel Arbitration NBA Player Successful with Motion to Compel Arbitration Appeals Court Rules for Redskins in Trademark Case Appeals Court Rules for Redskins in Trademark Case New NFLPA Head Influences Settlement between Union, Retired Players New NFLPA Head Influences Settlement between Union, Retired Players Court Weighs Factors in Revisiting Fee Award in Title IX Case Court Weighs Factors in Revisiting Fee Award in Title IX Case Nets Owner Picks Up another Victory in Quest for Brooklyn Arena Nets Owner Picks Up another Victory in Quest for Brooklyn Arena Play Calling Keller v. NCAA, Electronic Arts, and CLC Play Calling Keller v. NCAA, Electronic Arts, and CLC Judge Denies Wilson Sporting goods in Patent Case Judge Denies Wilson Sporting goods in Patent Case Judge Isn’t Swayed by New Discovery in Golf Patent Dispute Judge Isn’t Swayed by New Discovery in Golf Patent Dispute Delaware Supreme Court Paves the Way for Betting on NFL Games North Dakota Moves to Discontinue Use of ‘Fighting Sioux,’ Satisfying Legal Settlement State Supreme Court Sides with University in Dispute Involving Athletic Official Coach Loses Breach of Contract Claim for Lack of ‘Detrimental Reliance’ University of Missouri Cracks Down on School District Using Its Logo How will the Obama Administration Impact Title IX? Ramirez Suspension Raises Morals Clause Question Court Rules ‘Athletics Exclusion’ Clause Was Inapplicable in Insurance Case Court Resolves Question over Athletic Exclusion in Coverage Case Does CentSports Engage in Illegal Bookmaking or Violate National Collegiate Athletic Association Bylaws? Does CentSports Engage in Illegal Bookmaking or Violate National Collegiate Athletic Association Bylaws? Student Athlete’s Claim Survives Saint Louis University’s Motion to Dismiss Student Athlete’s Claim Survives Saint Louis University’s Motion to Dismiss Former Athletic Department Official Filed EEOC Complaint Against University Former Athletic Department Official Filed EEOC Complaint Against University Fireworks at SLA Conference as Donald Fehr reacts to Comments Made by Jerry Reinsdorf Fireworks at SLA Conference as Donald Fehr reacts to Comments Made by Jerry Reinsdorf Court Finds that Nike Did Not Intentionally Wait To File Motion Appeals Courts Affirms that Injured Golfer Assumes Risk of Injury Appeals Court Reinstates Coach’s Lawsuit Against University of Minnesota Court Rules for District, Finding Candidate Never Applied for Coaching Position Florida Judge Dismisses Professional Golfer’s Lawsuit D&O Coverage for Sports Business Claims Is Not a Slam Dunk Court Finds that Missing a Game Does Not Constitute ‘Irreparable Harm’ Massachusetts High Court Affirms Ruling for Soccer Association California Judge Grants Softball Players’ Motion in Title IX Dispute California Judge Grants Softball Players’ Motion in Title IX Dispute How Facebook and Twitter Are Affecting Major Sports and Individual’s First Amendment Rights How Facebook and Twitter Are Affecting Major Sports and Individual’s First Amendment Rights After Dismissing Her Own Federal Lawsuit, Coach Files Complaint with the EEOC After Dismissing Her Own Federal Lawsuit, Coach Files Complaint with the EEOC The Athlete Endorsement Game The Athlete Endorsement Game Court Determines that Waiver Violated Public Policy Court Determines that Waiver Violated Public Policy Summary Judgment Ruling Sidelines Football Player’s Discrimination Claim Summary Judgment Ruling Sidelines Football Player’s Discrimination Claim Basketball Player’s Claim Survives Summary Judgment Basketball Player’s Claim Survives Summary Judgment Chicago Joins the Metal Bat Debate: As the Windy City Inches Closer to Securing its Bid to Host the 2016 Games, a Closer Examination of such Debates becomes Necessary Chicago Joins the Metal Bat Debate: As the Windy City Inches Closer to Securing its Bid to Host the 2016 Games, a Closer Examination of such Debates becomes Necessary Court Finds for City After Worker Suffers Accident at Shea Stadium Court Finds for City After Worker Suffers Accident at Shea Stadium Court Grants Cornell’s Motion to Dismiss on Jurisdictional Grounds Court Grants Cornell’s Motion to Dismiss on Jurisdictional Grounds Reinsdorf Is Featured Guest at Next Month’s SLA Annual Meeting Reinsdorf Is Featured Guest at Next Month’s SLA Annual Meeting Court Sides with Property Owner After Football Accident Court Sides with Property Owner After Football Accident Partial Settlement in Patent Infringement Case Leads to Dismissal Partial Settlement in Patent Infringement Case Leads to Dismissal Court: Coach’s Age and Race Discrimination Claims Can Continue Court: Coach’s Age and Race Discrimination Claims Can Continue Assessing a Coach’s Liability for Injury to the Student-Athlete Assessing a Coach’s Liability for Injury to the Student-Athlete Athlete’s Sexual Harassment Can Continue on Multiple Fronts Athlete’s Sexual Harassment Can Continue on Multiple Fronts U.S. Supreme Court Holds the Line in Case involving Coach-led Prayers U.S. Supreme Court Holds the Line in Case involving Coach-led Prayers A Moral Dilemma: Morals Clauses in Endorsement Contracts A Moral Dilemma: Morals Clauses in Endorsement Contracts Federal Judge Sends Eligibility Lawsuit Back to State Court. Federal Judge Sends Eligibility Lawsuit Back to State Court. Court Affirms Holding that Gymnast Assumed the Risks Inherent in Her Sport Court Affirms Holding that Gymnast Assumed the Risks Inherent in Her Sport Federal Appeals Court Sides with Coaches in Wrongful Death Case Federal Appeals Court Sides with Coaches in Wrongful Death Case Legal Challenges Arise in Protecting Sports’ Brands Legal Challenges Arise in Protecting Sports’ Brands Louisiana’s Highest Court Overturns Coach’s Claim Against University Louisiana’s Highest Court Overturns Coach’s Claim Against University Federal Court Favors Golf Simulation Company in Patent Case Letter from Oakland Raiders Lawyer Assails Lane Kiffin University of Baltimore Creates Sports Law Organization California Supreme Court Sides with 49ers Fans in Pat-Down Case Plaintiffs’ attorneys secure almost $300,000 in fees in Title IX Case Sports Law Attorney Robin Harris Named Ivy League Executive Director Louisiana’s Recreational Use Statute Applies in Baseball Incident An Umpire’s Perspective: Should I Be Concerned about Liability? I Shall Be Released – or Not… Judge Attacks NCAA Rule that Prohibits Student Athletes from Having Lawyers Present During Negotiations Court Affirms Summary Judgment in Negligence Case Arising Out of T-shirt Launch Promotion at Stadium Panel: Trial Court Acted Prematurely in Negligence Case Court Affirms Summary Judgment in Negligence Case Arising Out of T-shirt Launch Promotion at Stadium Tackling Head Trauma: The Concussion Problem In Sports Court Wants More Time in Sports Agent Dispute Coaches Should Be Careful When Breaking a Contract Lack of Facts Dooms Coaches’ Discrimination Claim Against Administrator Lawsuit Pushes Athletic Association to Level Playing Field for Female Baseball Players Court Made Mistake in Not Weighing Student Athlete’s Role in His Own Death Gene Marsh, former Chairman of the NCAA Committee on Infractions, Joins Lightfoot, Franklin & White Court Favors NCAA in Ticket Distribution Case High Court’s Ruling Means Colleges Face Enhanced Risk Associated with Gender Discrimination Court Allows Coach’s Wrongful Termination Suit to Continue Court Holds That High School Cheerleading Is A Contact Sport – Providing Immunity For Teammate And School District CLC Attorney Talks Trademark Compliance, Ensuring Labor Code Compliance and Other Legal Issues Court Reluctantly Extends Stay of Arbitration in Legal Dispute Arkansas State Appeals Court Upholds Ticket Scalping Conviction Attorney Believes Settlement Could Have Repercussions for NCAA Citi Field: What’s In A Name? Appeals Court Reverses Field, Dismissing Spectator’s Claim against University The 4th Amendment, the California Constitution, and Pat Down Searches at Sporting Events as a Matter of Law Judge Sides with Nike in Race Discrimination Case Letter About NBA Player Could Have Sparked Legal Concerns Court: MLB Team Could Have Anticipated Claims Arising in Maine Professors Discuss How They Use Sports Litigation Alert Callaway Wins Preliminary Battle in Patent Dispute with Maker of Titleist Golf Balls Sports Law Attorneys Set Up Their Own Shop on Both Coasts Trial Court Erred When It Granted Student Athlete Leave to Serve a Late Notice Court Remands Case Involving Spectator Beaning at Soccer Match Court Finds Respective Boat Captains Negligent in Sailing Race Mishap The Death of Fantasy Sports as We Know It? Alcorn State Coach Sues AD, Others for Failure To Honor Contract Terms Appeals Court Upends Finding for Coach in Breach of Contract Case UCF Hires Attorney Michael Glazier to Review Football Training Policies after Player Collapse Coach Loses Argument that AD Lacked Power To Accept Resignation Court Finds that College Should Have Warned Player about Danger Court: Defendant Could Not Have Foreseen Injuries to Soccer Player