Sports Litigation Alert Sample Issue
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February 24, 2023
Case Summaries
Madison, Wisconsin Prohibited ‘Friday Night Lights’ at a Catholic High School: Was It NIMBY or Discrimination?
By Gary Chester, Senior Writer The term ''NIMBY'' was first used in a 1980 Virginia newspaper article by Emilie Travel Livezey, who was describing opponents of hazardous waste material sites such as landfills. The acronym for “not in my backyard" applies to community...
The Sports World and the Collapse of the FTX House of Cards
By Jeff Birren, Senior Writer Introduction These pages last looked at the collision between the now-infamous FTX and the sports world in December 2022. The Golden State Warriors had recently been named as a defendant in the class action lawsuit, that claimed the...
A Friendly Reminder to Collegiate Athletes: ‘The Waiver’ is Real
By Erik Smith* In a recent case filed on January 13, 2023, Konrad Sinu and Linda Szurlej v. Concordia University, a student athlete and his mother sued a private university in Nebraska for negligence. Ultimately, the claim lacked merit due to the student and his...
Court of Appeals Reverses Finding for Stetson, Concludes Release Signed by Deceased Football Player Was Not ‘Clear and Unambiguous’
By Elizabeth Bulat A Stetson University football student-athlete, Nicholas Blakely, collapsed at a football practice on August 28, 2017, which resulted in his cardiac death. His family subsequently sued Stetson. Initially, the trial court granted summary judgment for...
District Court Dismiss Gender Discrimination Claim Brought by Football Players in Sexual Misconduct Case
A federal judge has dismissed the claim of nine former University of Minnesota football players, who claimed they were victims of gender discrimination after they were accused of sexual assault in 2016. In granting the University’s motion for summary judgment, the...
Articles
It’s a Reverse! Florida Repeals its Name, Image, and Likeness Law Removing University Restrictions
By Brett Owens and Michael Bonner, of Fisher Phillips Governor Ron DeSantis signed a bill (HB 7-B) on February 16 repealing Florida’s Name, Image and Likeness (NIL) law and significantly altering student-athlete NIL compensation, as well as the involvement of Florida...
Longtime Harvard Women’s Ice Hockey Coach Facing Allegations of Abuse & Racial Discrimination
By Ellen J. Staurowsky, Ed.D., Senior Writer, Professor, Sports Media, Roy H. Park School of Communications, staurows@ithaca.edu On January 27, 2023, Boston Globe writer Bob Hohler reported that longtime Harvard women’s ice hockey coach Katey Stone was facing...
Analyzing the Legal Basis for the NWSL’s Recent Banishment of Five Coaches
By Christopher R. Deubert, Senior Writer In December, the law firms of Covington & Burling LLP and Weil, Gotshal & Manges LLP released a joint 125-page report detailing a history of misconduct by coaches and executives for clubs in the National Women’s Soccer...
Madison Square Garden Utilizes Facial Recognition Technology to Block Opposing Attorneys from Entering – But is it Legal?
By Dr. Robert J. Romano, JD, LLM, St. John’s University, Senior Writer The 2001 Super Bowl in Tampa Bay, Florida was nicknamed the “Snooper Bowl” because fans entering Raymond James Stadium were subjected to face-recognition scanning technology that ran a person’s...
Cheat Sellers Beware, Game Developers Are Not Playing When It Comes to Integrity
By Joseph Esses[1] “Destiny 2” developer, Bungie, has filed a lawsuit against VeteranCheats.com, a cheat seller, for creating and disseminating cheat integration capabilities into the game making it unfair for the average player and ultimately harming the game’s...
A New Meta: Esports Injuries and the Changing Health Standards in the Industry
By Zach Holdsman, of Montgomery McCracken Professional esports is beginning to enjoy more legitimacy but with that legitimacy, comes liability. Esports players can make millions of dollars, but the player’s long-term career outlooks are concerning. These players are...
Settlement Reached in Concussion Case Involving Berkeley Cheerleader
By Gina McKlveen During a routine when a cheerleader rises to the top of a pyramid, supported solely by the strength and trust of her teammates, it probably doesn’t occur to her that the hierarchical athletic structure in sports injury cases could impact her recovery...
Claims Against the University of Vermont and Athletic Director Allege Mishandling of Assault Cases
By Alexis Sokach Multiple claims have been brought in a lawsuit against the University of Vermont alleging the mishandling of various sexual assault accusations. On December 6, 2022, Kendall Ware, a former Division I swimmer at UVM, filed a civil lawsuit against the...
Hackney Publications Announces Sports Law Symposiums Happenings Initiative
Hackney Publications, the Nation’s Leading Publisher of Sports Law Periodicals, Publishes Two Dozen Sports Law Publications, the blog Sports Law Expert, and Sports Law Expert Podcast Hackney Publications announced today that it is launching the Sports Law Symposiums...
News Briefs
Tulane Sports Law Alum Named Associate AD for NCAA Compliance
The Western Michigan Division of Intercollegiate Athletics has announced the hiring of Kate Eshleman to the position of Associate Athletic Director for NCAA Compliance. Eshleman will serve as a member of the Athletic Director’s Senior staff, while overseeing WMU’s...
Sports Law Expert Podcast Highlights Leading Sports Lawyer Bart Lambergman
Hackney Publications has announced that it has published its latest segment of the Sports Law Expert Podcast, this one featuring sports lawyer Bart Lambergman, general counsel and chief operating officer of LEAD1 Association, which represents the athletics directors...