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Performance-enhancing drugs: “After getting what it wanted — the Biogenesis founder’s testimony and evidence against Alex Rodriguez — MLB has dropped its lawsuit against Tony Bosch. …Bosch did not agree to assist MLB until it filed suit against him in February.” [Deadspin]

Parents at a Brevard County school want to chip in to upgrade the local team, but that would risk triggering an impermissible gender imbalance. [Saving Sports] Also, why Title IX has been less helpful than one might think for women’s gymnastics; and Alison Schmauch has a new paper on Title IX for the Federalist Society. Update: school board rejects parents’ request (Florida Today h/t Gitarcarver, Saving Sports)

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A New Mexico appeals court says the stadium can be sued. [AmLaw Daily]

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The ballplayer has reportedly told Sports Illustrated that he plans to sue Major League Baseball for being unfair to steroids users and for keeping players like him out of the Hall of Fame [NY Daily News, Canadian Press via Krauss/PoL]

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I’ve been added to the contributors at NRO’s Bench Memos discussing the Sotomayor nomination, and my first post skeptically looks at the talking point that she “saved baseball” in 1995.

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This time in Iowa:

A state Supreme Court ruling that allows a Bettendorf woman to sue over injuries her daughter suffered when she was struck with an errant bat at a minor-league baseball game threatens the spirit of America’s pastime, according to a judge who said his fellow justices have “taken a mighty swing … and missed by a mile.”

Cynthia Sweeney had signed a liability waiver, but sued anyway after her daughter, sitting in the bleachers as part of a school field trip, was struck by a bat that went flying. For more baseball-liability reports, follow our baseball tag.

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This one ends differently than most (Lessig Blog, Sept. 22 via TechDirt & O’Keefe).

Filling in a detail readers wondered about before, on why Little League was named as a defendant: “The game in which Steven Domalewski sustained the injury was a Police Athletic League contest rather than a Little League event. Attorney Ernest Fronzuto countered that Little League Baseball officially approved the bat and by its actions led players, coaches and parents to believe the bat was safe for play among 10-, 11- and 12-year-olds.” (Bob Condor, “Living Well: Youth baseball injury stats: Ouch!”, Seattle Post-Intelligencer, Jun. 1).

“A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.” The family of Steven Domalewski “contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats. The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.” (AP/FoxNews.com, May 18). Earlier: Apr. 19 and Dec. 30, 2002.

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As a Judge Morris Arnold opinion holds (h/t Slim) baseball players can’t prohibit fantasy baseball players from playing games based on their statistics. Earlier: May 2006; April 2005.

Not only does this post allow me to celebrate one of my favorite judges, but I can also use this platform to note that Kenny Lofton was out: not because he didn’t beat Manny Ramirez’s throw into second base (he did), but because he bounced off the bag afterwards while still being tagged.

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From a May 17 news release by the Eastern League Altoona Curve:

ALTOONA- Inspired by a Los Angeles Angels fan who filed a lawsuit against the club because he did not receive a red nylon tote bag as part of the major league club’s Mother’s Day promotion last May [see May 11], the Altoona Curve have announced that they will be holding Salute to Frivolous Lawsuit Night as part of their Sunday, July 2nd game at Blair County Ballpark.

The Curve’s salute to all ridiculous lawsuits ever filed will include the following:

* A Pink Tote Bag Giveaway to the first 137 men in attendance ages 18 and over

* The first 137 women 18 and over will receive lukewarm coffee so they will not burn themselves [see Oct. 20, 2005]

* The first 137 kids will be given a beach ball with a warning not to ingest it

* Angels merchandise and novelty items given away throughout the game

* Honoring some of history’s “Most Frivolous Lawsuits” during the game

A grand prize drawing in which one fan will receive a “clue” and their own frivolous lawsuit.

[click to continue…]

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Updating our Apr. 12, 2005 post: Does it violate the rights of Major League Baseball when the rest of us conduct “fantasy baseball” leagues employing the names and statistics of actual players? A lawsuit making such contentions is now heading, notes Ron Coleman (May 17), “into the bottom of the ninth”. (Alan Schwarz, “Baseball Is a Game of Numbers, but Whose Numbers Are They?”, New York Times, May 16; Legal Fixation (IP blog); Infamy or Praise) (via Blawg Review #58 at Kevin Heller’s Tech Law Advisor).

As the city’s $100 million lawsuit unfolded in court, a “dispute that a year or so ago seemed goofy — Arte Moreno’s decision to rename his baseball team the Los Angeles Angels of Anaheim — has lost its humor content.” (Dana Parsons, “Can Angels Name Spat Have a Winner?”, Los Angeles Times, Jan. 15)(more).

Baseball players who sued Major League Baseball to have their pension rights retroactively expanded (Nov. 8) lost on summary judgment. (AP, Mar. 15). Doug Pappas has details on his weblog, including a link to an inside-baseball letter from the MLB Players’ Association’s attorney that perhaps explains why plainitffs did not dare sue them.

Fifty years ago yesterday the Supreme Court handed down its greatest tort reform decision — just for you. [Related 2003 Baseball Crank post on federalism.]

“Officials at Weber Middle School in Port Washington are worried that students are getting hurt during recess. Thus, they have instituted a ban on footballs, baseballs, lacrosse balls, or anything that might hurt someone on school grounds. … some parents said it is really about liability and lawsuits.” [CBS New York] More: Lowering the Bar.

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September 23 roundup

by Walter Olson on September 23, 2013

  • Drunk driver leaves road, hits power pole, Washington high court allows suit against property owner to proceed [Lowman v. Wilbur, PDF]
  • State attorneys general pressure clothing maker to drop t-shirts with drug names [ABA Journal, related earlier]
  • More transparency needed in Child Protective Services [Reason TV] One lawyer’s critique of CPS [Laurel Dietz, Straight (Vancouver)]
  • While aspiring to nudge us into more farsighted financial practices, government has trouble staying out of dumb bond deals itself [Coyote, and more (Detroit)]
  • You can care about safety but still think some speed limits are set too low [Canadian video on Jalopnik]
  • Trial lawyers aim to extend to Indiana their Idaho victory over “Baseball Rule” on spectator liability [NWIT, earlier here, here, here, etc.]
  • New “fair-housing” assessment and planning process propels federal government into social engineering [IBD editorial via AEI Ideas, HUD]

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  • “Is the main effect of the minimum wage on job growth?” [Tyler Cowen] Minimum wage is transitional wage; most workers who receive it will earn higher rate in the next year if they stay employed [same] “Obama’s Bogus Case for a ‘Decent Wage’”[Ira Stoll]
  • “Equipment manufacturer sues EEOC over email survey trolling for potential class members” [Jessica Karmasek, LNL]
  • Don’t mess with SEIU? “Service Employees Suit Assesses Harsh Penalties against Breakaway Reformers” [Steve Early, Labor Notes]
  • NLRB is fully staffed now, so watch out employers [Rod Kackley, Crain's Detroit Business]
  • Major League Baseball latest to face suit over unpaid volunteer workers [ABA Journal]
  • Dent in lawyers’ business plan? Judge doesn’t think Michigan meatpacking workers’ $1,000 don/doff claim is adequate basis for $140,000 legal fee award [Free Press]
  • Workplace vagrants: many employees quit jobs regularly as garnishment catches up to them [Coyote]