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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)


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


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]


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.


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.


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/, May 18). Earlier: Apr. 19 and Dec. 30, 2002.


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.


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…]


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.

Because if there was any rationale for creating the Department of Homeland Security, it was to ensure that America was not threatened by unlicensed panties suggestive of baseball-team logos. [Tim Cushing, Techdirt]


Liability roundup

by Walter Olson on September 17, 2014

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Wurst-case scenario comes true: “The Missouri Supreme Court has ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot.” The court overruled a trial judge who had instructed jurors that they could find the flying foodstuff to be an assumed risk of attending a Royals game. [Debra Cassens Weiss, ABA Journal; earlier]


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