Vol. 7 – 2010

Title
Federal Judge Rules Against L.A. Gear in Trademark Dispute December 31, 2010
Years Later, Court Delivers Partial Victory to School in Title IX Case December 31, 2010
Coach, AD Released from FLSA Lawsuit December 31, 2010
Coach, AD Released from FLSA Lawsuit December 31, 2010
Settlement Reached in Lawsuit Involving School and Its Women’s Equestrian Team December 31, 2010
Settlement Reached in Lawsuit Involving School and Its Women’s Equestrian Team December 31, 2010
New York’s Highest Court Widens Application of Assumption of Risk in Golf Case December 31, 2010
New York’s Highest Court Widens Application of Assumption of Risk in Golf Case December 31, 2010
Court Finds Adverse Inference to Jury Is Enough in Premises Liability Case December 31, 2010
Fan Sues New York Jet Over Snowball Incident December 31, 2010
Woman Injured by Foul Ball at Minor League Ballpark Spurns Settlement Offer December 31, 2010
U.S. Department of Education Eliminates Title IV Safe Harbors: Questions Remain Regarding Compensation Plans for Athletic Personnel December 17, 2010
Apple to Orange Comparison Dooms Coach’s Reverse Discrimination Claim December 17, 2010
Gender Equity Claim Against Indiana School Districts, IHSAA, Falls Short December 17, 2010
Brooklyn New Yorkers: Did Four U.S. Trademark Applications Reveal New Name of Nets? December 17, 2010
Brooklyn New Yorkers: Did Four U.S. Trademark Applications Reveal New Name of Nets? December 17, 2010
Appeal in the Offing after Jury Rules Against Exercise Equipment Maker December 17, 2010
Appeal in the Offing after Jury Rules Against Exercise Equipment Maker December 17, 2010
Sacramento Kings Sue over Exercise Ball Mishap December 17, 2010
Sacramento Kings Sue over Exercise Ball Mishap December 17, 2010
Court Orders Arbitration for ALL Defendants in Baseball Case December 17, 2010
Court Orders Arbitration for ALL Defendants in Baseball Case December 17, 2010
Phoenix Suns Owner Discusses the Business of Operating a Franchise December 17, 2010
Phoenix Suns Owner Discusses the Business of Operating a Franchise December 17, 2010
Indiana Appellate Court Seeks Guidance on Whether NCAA Tickets System Was A Lottery December 17, 2010
Indiana Appellate Court Seeks Guidance on Whether NCAA Tickets System Was A Lottery December 17, 2010
Judge Clears Way for College Athlete’s Breach of Contract Suit December 3, 2010
Judge Clears Way for College Athlete’s Breach of Contract Suit December 3, 2010
Court: Coach’s Gender Discrimination Claim Can Proceed December 3, 2010
Court: Coach’s Gender Discrimination Claim Can Proceed December 3, 2010
Mike Leach Goes After ESPN, PR Firm in Latest Lawsuit December 3, 2010
Mike Leach Goes After ESPN, PR Firm in Latest Lawsuit December 3, 2010
Court Affirms Commission’s Decision To Revoke Boxer’s License December 3, 2010
Court Affirms Commission’s Decision To Revoke Boxer’s License December 3, 2010
On Deck: A Preview of Some of the Legal Issues that May Be Discussed at MLB’s Winter Meetings December 3, 2010
On Deck: A Preview of Some of the Legal Issues that May Be Discussed at MLB’s Winter Meetings December 3, 2010
Anheuser-Busch Files Suit against MLB to Retain Exclusive Sponsorship December 3, 2010
Anheuser-Busch Files Suit against MLB to Retain Exclusive Sponsorship December 3, 2010
Former Quarterback’s Claim Against EA Sports Hangs by a Thread after Ruling December 3, 2010
Former Quarterback’s Claim Against EA Sports Hangs by a Thread after Ruling December 3, 2010
Court Finds, Again, Riddell Had a Duty to Warn in Stringer Case December 3, 2010
Court Finds, Again, Riddell Had a Duty to Warn in Stringer Case December 3, 2010
Former Women’s Soccer Coach Sues Winthrop, Alleges Gender Discrimination December 3, 2010
Soccer Player Gets Another Chance in Premises Liability Case November 19, 2010
UCFAA Fails in Bid to Limit Exposure in Wrongful Death Suit November 19, 2010
Ohio State University Seeks and Gets Relief in Trademark Case November 19, 2010
What Every Pro Athlete Can Learn from Lady Gaga: The Importance of Secondary Branding November 19, 2010
Panel Affirms Trial Court Ruling, Favoring Team, Arena in Negligence Action November 19, 2010
Carrying a Good Joke Too Far? November 19, 2010
Cuban Being Cuban November 19, 2010
Dangerous Condition Trumps Assumption of Risk in Premises Liability Case November 19, 2010
Recent Filing Accuses 12 School Districts of Violating Title IX November 19, 2010
Universities Crack Down on Logo Use by High Schools November 5, 2010
Manufacturer Again Fails to Prove NCAA Violated Antitrust Laws November 5, 2010
Conferences Settle Legal Dispute to Avoid Getting ‘Tied Up in the Courts’ November 5, 2010
A Discussion with Sports Law Expert Roger Abrams November 5, 2010
Court Finds School District Could Not Have Foreseen Athlete’s Attack on Another Student November 5, 2010
Boxer Wins Discovery Battle in Suit Against BALCO Founder November 5, 2010
School District Survives Cheerleader Lawsuit – for Now November 5, 2010
Impending Decline in Public Funding May Push Stadium Costs Downward November 5, 2010
Professional Athletes Must Surround Themselves with Talented Team off the Field, Too November 5, 2010
UK Runner’s Claim against Former Trainer Dismissed by Court November 5, 2010
Court: Football Player May Proceed with Negligence Lawsuit October 22, 2010
Preventing Player Misconduct in Sports: A Cultural Battle October 22, 2010
Court Finds that Drug Testing Program that Applies to Athletes Is Enough October 22, 2010
Athlete’s Sexual Harassment Claim Survives School’s Motion to Dismiss October 22, 2010
New Book, Getting in the Game: Title IX and the Women’s Sports Revolution, Can Educate Many about Title IX October 22, 2010
Conference, as Indirect Recipient of Federal Funds, May Be Liable Under Title IX October 22, 2010
Conference, as Indirect Recipient of Federal Funds, May Be Liable Under Title IX October 22, 2010
School District Fails in Attempt to Have Wrestler’s Complaint Dismissed October 22, 2010
School District Fails in Attempt to Have Wrestler’s Complaint Dismissed October 22, 2010
Stealing the Show? October 22, 2010
Hiring Assistant Coaches: Lessons for Coaches, Job Candidates and Athletic Directors October 22, 2010
Clemens Strikes Out in Fifth Circuit October 8, 2010
Dublin, Ohio Sports Training Center Accuses OSU of Stealing Employees, Trade Secrets October 8, 2010
New Report Highlights Need in Sports Industry for Proactive Brand Protection and Property Rights Management October 8, 2010
Court Rules that Parts of Senior Women’s Administrator’s Claim against DSU May Continue October 8, 2010
Double-Fault Libel Litigation October 8, 2010
Professors Examine Green Initiatives at Professional Sports Teams October 8, 2010
Injured Cheerleader Wins First Legal Battle with School District October 8, 2010
Nike Successfully Defends Itself against Unfair Competition Claims October 8, 2010
Court Finds High School Athletics Association Shielded by Immunity from Officials’ Lawsuit October 8, 2010
Taking a Closer Look at a Recent Arbitrator Award Against an Agent September 24, 2010
Court Finds Law Firm Should Not Represent Sports Facility, Employee September 24, 2010
Sports Agents Sued in San Diego Courts for Alleged Violations of State Agent Law September 24, 2010
Defective Products in Sport Injury Litigation September 24, 2010
Court Rules against Family of Deceased Player Who Sued University September 24, 2010
Golfer Gets a Mulligan in Negligence Claim Against Golf Course September 24, 2010
Morality Clauses – How A Sponsor Can Protect Itself September 24, 2010
State Supreme Court Revives Pro Hockey Player’s Workers’ Compensation Claim September 24, 2010
MLBPA Issues New Sweeping Regulations Governing Agents September 24, 2010
Spectator Brings Suit Against Major League Baseball and the New York Mets – Claims He Was Owed a Duty of Care Against Injury From Shattered Bat September 10, 2010
Fair Use or Foul Play by EA in Video Game Dispute? September 10, 2010
Federal Judge Finds USSF Illegally Used Its Power to Quash Pro League September 10, 2010
Clifton Rejoins Jackson Lewis to Complete Its Sports Industry Practice Group Lineup September 10, 2010
Court Mulls Product Line Exemption to Successor Liability in Faulty Ski Case September 10, 2010
Court Certifies Class of Student Athletes in Title IX Suit Against DSU September 10, 2010
Appeals Court Finds NCAA Ticket Process Was Unlawful Lottery, Reverses Lower Court September 10, 2010
WADA Considering a Ban on Caffeine September 10, 2010
Appeals Court Affirms Ruling for Helmet Manufacturer, Retailer in Baseball Suit September 10, 2010
Employee’s Negligence Cannot Supersede Waiver’s Protection in Skiing Case August 27, 2010
The K-Rod Mess: An Opportunity for the Players’ Union, the Mets, and the Troubled Closer to Make a Change for the Better and Revive Common Sense in Labor Issues August 27, 2010
Court Holds U.S. Fish and Wildlife Service Accountable for the Negligence of Its Employees August 27, 2010
Court Gives Sport Agency Another Chance in Industry Spat August 27, 2010
After Legal Victory, CMU Seeks Attorney Fees from Former Student Athlete August 27, 2010
Experts Weigh in on NCAA’s Intent to Reform Agent Laws August 27, 2010
Appeals Court Rules Minor League Player May Recover Workers’ Compensation Benefits From Parent Club August 27, 2010
Appeals Court Rules Minor League Player May Recover Workers’ Compensation Benefits From Parent Club August 27, 2010
Employee’s Role in Rock-Climbing Accident Falls Short of ‘Reckless Misconduct’ August 27, 2010
Employee’s Role in Rock-Climbing Accident Falls Short of ‘Reckless Misconduct’ August 27, 2010
Got Milk[crate]? – Plaintiff Claims LeBron-Endorsed Shoe Violates Mark August 27, 2010
USF settles with Academic Advisor; Advisor Rehired August 27, 2010
Pro Baseball Player Sues After Being Struck by Baseball August 27, 2010
Plaintiff’s Claim in Horse Riding Accident Survives Summary Judgment Motion August 13, 2010
O.J. McDuffie Case Highlights Flawed System in the NFL August 13, 2010
CEO Suffers Legal Setback in Case Where His Company Allegedly Bilked Soccer Organization August 13, 2010
Arbitrator Extends Protections to Coach in U.S. Swimming case August 13, 2010
Deutscher Tennis Bund v. ATP World Tour, et al: The First Sports Antitrust Case in the Post-American Needle v. NFL Era August 13, 2010
Panel Finds Circumstantial Evidence Does Not Prove District Retaliated Against AD August 13, 2010
Panel Finds Circumstantial Evidence Does Not Prove District Retaliated Against AD August 13, 2010
Competitive Cheer Is Not Yet Considered a Varsity Sport – Judge Predicts Bona Fide Title IX Sport in Near Future August 13, 2010
Major League Baseball Must Strike Out the National Origin Discrimination in the First-Year Player Draft August 13, 2010
A Beacon in Poughkeepsie: Marist Claims Victory Over James Madison in Coaching Contract Suit August 13, 2010
Tennessee Titans’ Lawsuit against USC Sparks Some Questions August 13, 2010
Teaching Sports Law — No Offseason for Sports Law Decisions August 13, 2010
Jimmy Williams Verdict Offers Lessons for Negotiating Coaching Contracts July 30, 2010
Golf Professional Gets a Mulligan in Lawsuit Against Club July 30, 2010
Golf Professional Gets a Mulligan in Lawsuit Against Club July 30, 2010
Court Grants Kobe Bryant Motion for Summary Judgment Against Fan July 30, 2010
Appeals Court Reverses Finding in Personal Injury Action Against School District July 30, 2010
Influential Sports Law Attorney Mary K. Braza Charts Ambitious Path: A Profile July 30, 2010
Illinois Passes Athlete-Agent Regulatory Legislation July 30, 2010
Reflections on Biediger v. Quinnipiac July 30, 2010
Athletic Official Rebuffed Again, Employment Claim Dismissed July 30, 2010
Football Recruits Sue Savannah State University for Discrimination July 30, 2010
Teaching Sports Law – the First Day July 30, 2010
Title IX: Everything Old is New Again July 2, 2010
Do Some State Laws Prevent Pro Teams from Fining Players? July 2, 2010
Court Sides with School District Decision Not to Distribute Fliers for Christian Soccer Camp July 2, 2010
Developments in Workers Compensation Law Cloud Future for Retired Professional Athletes July 2, 2010
Judge Issues Temporary Restraining Order against Athletic Association July 2, 2010
Green Sports Facilities Are Becoming The Gold Standard July 2, 2010
Federal Judge to Rule on Competitive Cheer as a Title IX Sport July 2, 2010
Court Shoots Down Media’s Constitutional Claim to Circumvent WIAA’s Exclusive Deal July 2, 2010
Nike, Converse Get Relied After Showing that Making of Product Predated Patent Filing July 2, 2010
Canadian Court Finds Snowboarder Liable in Accident on the Slopes June 18, 2010
Advocacy Groups Stake Positions in Gender Equity Debate June 18, 2010
Rangers Just the Latest Franchise to Flirt with Chapter 11 June 18, 2010
Third Circuit Affirms Lower Court Ruling that Plaintiff Has No Claim in Spygate Case June 18, 2010
Connecticut Court Finds Waiver Unenforceable in Negligence Claim June 18, 2010
Spectator v. Pat Down – And the Winner Is? June 18, 2010
NASCAR Driver Surrendered His Right to Sue by Signing Agreement June 18, 2010
Appeals Court Affirms Dismissal of Coach’s Wrongful Discharge Claim June 18, 2010
Section 9 Complaint Exposes Alleged Retaliation by USA Swimming against Whistle Blowers June 18, 2010
Female Golfer Prevented from Playing in Men’s Tourney Gets Partial Relief June 4, 2010
American Needle vs. NFL: Questions and Answers June 4, 2010
Botched Weigh-in Does Not Impugn Liability for Boxing Injury June 4, 2010
Botched Weigh-in Does Not Impugn Liability for Boxing Injury June 4, 2010
The ERISA Shark is in the Water and Its Stalking Professional Athletes June 4, 2010
The ERISA Shark is in the Water and Its Stalking Professional Athletes June 4, 2010
Sports Lawyers Association Panel Explores Stadium Leases, Licenses and Financing June 4, 2010
Sports Lawyers Association Panel Explores Stadium Leases, Licenses and Financing June 4, 2010
Jury Awards Assistant Coach Million-Dollar Verdict; University Will Appeal June 4, 2010
Technology Company Keeps Up Litigious Ways, Naming NHL in its Latest Patent Infringement Suit June 4, 2010
NCAA Mandates Concussion Management June 4, 2010
Court Rules for Town, Citing Recreation Director’s Failure to Meet ‘Legitimate’ Expectations June 4, 2010
Liability for Injuries in a Summer Camp Setting: Who is Responsible? May 21, 2010
Court Gives NBA Properties Wider Protections in Trademark Infringement Case May 21, 2010
Sickle-Cell Testing and the Implications of GINA May 21, 2010
After Siding with Tennis Center that Waiver Applies, Appeals Court Reopens Door for Plaintiff May 21, 2010
‘The Goal Posts Look Lonely’: College Stadium Management & Institutional Liability May 21, 2010
‘The Goal Posts Look Lonely’: College Stadium Management & Institutional Liability May 21, 2010
Panelists Look at NBA’s ‘One and Done’ Rule May 21, 2010
Panelists Look at NBA’s ‘One and Done’ Rule May 21, 2010
Judge Sides with 49ers in Stadium Dispute May 21, 2010
Judge Sides with 49ers in Stadium Dispute May 21, 2010
Minnesota Trial Court Finds NFL Is an ‘Employer’ in Star Caps Case May 21, 2010
Title IX Retaliation Claim Survives Motion to Dismiss May 21, 2010
Court Declines to Disturb Ruling in Football Helmet Case May 7, 2010
To Tweet or Not to Tweet – Policy and Legal Concerns for Athletic Departments May 7, 2010
Why Profits Trump Playoffs in College Football May 7, 2010
Court Sides with Student Athlete Against School District, But Clears IHSAA May 7, 2010
Court Sides with New York City Triathlon in Trademark Dispute May 7, 2010
California Workers’ Compensation Laws Present Unique Challenges for Pro Sports Teams May 7, 2010
Court Finds Nothing Wrong with Association’s Hiring of a PI To Investigate Athletic Program May 7, 2010
Louisiana Court Denies NFL Player’s Offseason Workers’ Compensation Claim May 7, 2010
Attorneys at Center of Student-athlete Rights Cases Speak at Florida Coastal School of Law Panel May 7, 2010
Court: Player Bares Responsibility for His Injury April 23, 2010
Minimum Age Requirements in the NBA & NFL: Legal Folly or Friend for Amateur Athletes? April 23, 2010
Court Sides with Titans in Legal Dispute over Wounded Knee April 23, 2010
District Judge Agrees with Magistrate in Giuliani-Duke University Legal Dispute April 23, 2010
Court Allows School District to Shield Documents from Former Coach April 23, 2010
Presumption of Guilt Prevents Athlete from Competing in College Sports April 23, 2010
Baseball Exec Sees Advantages for Management in Collective Bargaining April 23, 2010
NCAA Passes Sickle-Cell Testing: Does it Discriminate Against or Protect Athletes? April 23, 2010
Baseball Player Fails To Show School District Violated Constitutional Rights April 23, 2010
Title IX Ruling in California Reverberates Across the Country April 9, 2010
Jerry Colangelo to Speak at SLA Conference in Phoenix Next Month April 9, 2010
Court: Coach’s Employment Discrimination Claim Can Continue against School District April 9, 2010
Court Affirms that Pacers Owed No Duty to Injured Fan in ‘Palace Brawl’ April 9, 2010
Hazing Rocks High School Teams Nationwide April 9, 2010
Attorneys Debate American Needle at Fordham Sports Law Symposium April 9, 2010
Survey Finds Gaps in Communication of Trademark and Licensing Issues on Collegiate Athletic Web Sites April 9, 2010
Survey Finds Gaps in Communication of Trademark and Licensing Issues on Collegiate Athletic Web Sites April 9, 2010
Acushnet Finds the Cup in Legal Dispute with Calloway April 9, 2010
Acushnet Finds the Cup in Legal Dispute with Calloway April 9, 2010
Panel Favors School District over Coach in FMLA Case April 9, 2010
High Court Sides with School District in Wrongful Death Case March 26, 2010
Court Sides with Former Army Football Player and His Bid for Degree March 26, 2010
Snowboarder Paralyzed On the Slopes Unable to Show Causation for Injury March 26, 2010
Strategic Communications Considerations for Sports Litigators March 26, 2010
Pro Team’s Bid to Stop Arbitration Proceeding Fails March 26, 2010
Appeals Court Helps Ueeker and Brewers Find Relief from Stalker March 26, 2010
Attorneys Assess ‘The Impact of Social Media & New Technology on Sport’ March 26, 2010
The Role of Religion at Interscholastic Athletic Events Still a Hot Topic at SRLA Conference March 26, 2010
The Role of Religion at Interscholastic Athletic Events Still a Hot Topic at SRLA Conference March 26, 2010
Is the NFL an “Employer?”- The StarCaps Case Goes to Trial March 12, 2010
Is the NFL an “Employer?”- The StarCaps Case Goes to Trial March 12, 2010
Appeals Court Affirms Ruling Regarding Student-Athlete March 12, 2010
Pennsylvania Case Emphasizes Importance of “Participants” and “Circumstances” in Determining Liability for In-Game Injuries March 12, 2010
Fumbling Through Minority Coaching Parity March 12, 2010
Court Dismisses Claim of Football Player in Insurance Dispute March 12, 2010
School District Loses Title IX Argument in Football Camp Case March 12, 2010
Court Affirms Summary Judgment for School District in ‘High-Sticking’ Case March 12, 2010
In re NCAA Student-Athlete Name & Likeness Licensing Litigation: Former Athletes Seek A Share Of NCAA Licensing Profits March 12, 2010
Acts Protect City, Sports Club from Football Player’s Negligence Suit March 12, 2010
Court Finds Team Owed No Duty to Plaintiff Who Suffered Injury in Stadium Parking Lot February 26, 2010
Michigan State Garners Immunity in Hockey Puck Case February 26, 2010
School District Did Enough to Thwart Athlete’s Title IX Claim February 26, 2010
Appeals Court Sides with Kent State in Cheerleader Case February 26, 2010
The Economics of Financing Spring Training: Not Always a “Home Run” For Teams and Local Communities February 26, 2010
On Your Marks, Get Set…. Ambush! February 26, 2010
Cleveland Browns Name Fred Nance as General Counsel February 26, 2010
American Needle v. NFL vis-à-vis the Sports Broadcasting Act of 1961 February 26, 2010
Good Things Come in Threes for Miami February 26, 2010
Court Revives SDSU Coach’s Wrongful Termination Suit — Again February 12, 2010
The High Court Takes on the Single Entity Question – The NFL’s Prognosis for Success February 12, 2010
SRLA To Hold Sports Law Conference this Spring February 12, 2010
Phillies Names Richard L. Strouse Vice President and General Counsel February 12, 2010
Court Sides With TSSAA that Umpires Were Not Agents of Association February 12, 2010
Roller Skater Assumed Risk Even If It Was Roller Derby February 12, 2010
Plaintiff Fails to Prove Negligence in Kayak Case February 12, 2010
Soccer Litigation Tests Relationships Between Teams, Leagues February 12, 2010
University of South Carolina Is Denied Bid to Register a Logo Using ‘SC’ Initials February 12, 2010
Judge Lets Stand Assistant Coach’s Claim Against Tubby Smith January 29, 2010
Siegel Leverages Broad Experiences to Lead Baker & Daniels Sports Law Practice January 29, 2010
Giants and Jets Get Some Relief from Litigious Season Ticket Holder January 29, 2010
Plaintiff Assumed Risks of Injury in Racing Accident January 29, 2010
NFL Loses Latest Round of Appeals in Drug Testing Case January 29, 2010
NFLPA’s Smith Talks about Labor Challenges in Chicago Meeting January 29, 2010
American Needle v. NFL, et al: An Eyewitness Account of Oral Argument January 29, 2010
Court Finds that Exclusions in Insurance Contract Was Clear and Unambiguous January 29, 2010
A Big Win for Professional Sports Leagues: Bankruptcy Court Defents the NHL’s Right to Choose January 29, 2010
PRESUMED GUILTY: Representing the Athlete in Trouble in the Court of Public Opinion January 1, 2010
Court Finds Negligence Not Enough in Floor Hockey Case January 1, 2010
Student-Athlete’s Defamation Claim Against Coach Can Proceed January 1, 2010
Concussions in Athletes: The La Salle University Settlement and Beyond January 1, 2010
Keep an Eye on Athletes Premier International, Inc. v. Hendricks Sports Management January 1, 2010
Lack of Viable Expert Testimony Dooms Kentucky Speedway’s Appeal in Antitrust Case January 1, 2010
Court Finds Fitness Club Did Enough To Protect Member from Injury January 1, 2010
Appeals Court Sides with Athlete in Claim Against Trainers January 1, 2010