Posts tagged as:

football

December 18 roundup

by Walter Olson on December 18, 2014

  • Michael Greve reviews new James Buckley book offering critique of fake (“cooperative”) federalism under aid-to-state programs [Liberty and Law; Chris Edwards/Cato on Buckley book, more]
  • Cuban expatriates will now have access to US banking services. Next step: call off Operation Choke Point so domestic businesses can have it too. [earlier coverage of Choke Point including its effects on, yes, cigar shops; details on new relaxation of Cuba sanctions, and related effects of banking sanctions]
  • Sac and Fox tribe appeals ruling in favor of town of Jim Thorpe, Pa. on demands for disinterment and return of remains of athlete Jim Thorpe [Allentown Morning Call, my recent writing on the case here and here]
  • NFL owners “rarely settle any dispute… Each owner pays only 1/32nd of the legal bill, and the owners love to fight” [ESPN]
  • Adios Google News: Spanish press “not even waiting for the blood to dry on the hatchet before bemoaning the loss of their golden eggs” [Julian Sanchez, Cato]
  • Union official knew New York Attorney General Eric Schneiderman was going to sue pizza operator before the operator did. Hmmm [Kevin Mooney, Daily Signal]
  • Nevada goes to ridiculous lengths unsuccessfully trying to regulate airport taxis, but at least they’ll try to keep you from using ride-sharing, so that’s something [Blake Ross, Medium; Reuters]

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Liability roundup

by Walter Olson on December 12, 2014

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“The Federal Communications Commission will consider punishing broadcasters for using the Washington Redskins’ [name] on air, FCC chairman Tom Wheeler said during a conference call with reporters, according to Reuters.” [Sports Illustrated] It won’t if it wants its actions to stand up in court, though [Eugene Volokh, and more on the role of frequent Overlawyered mentionee John Banzhaf]

More: Prof. Banzhaf responds in comments.

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  • “The tie that binds public employee unions and Wall Street” [Daniel DiSalvo] “Unions Manipulate New York City’s Public Pension Funds To Punish Their Enemies” [NYT via Jim Epstein, Reason]
  • Illinois latest state to pass “ban the box” law restricting employers’ inquiries on criminal records [Workplace Prof]
  • Two ex-football pros file suit claiming union conspired with owners on concussions [Bloomberg]
  • Average Illinois public retiree’s pension rapidly narrowing gap with average salary of worker still on job [Jake Griffin Daily Herald via Reboot Illinois] By 2006, 1,600 California prison guards were making $110K+, plus more on tendency of state/local government pay to outrun private [Lee Ohanian via Tyler Cowen]
  • Great moments in employment law: Seventh Circuit says other employees’ having sex on complainant’s desk not hostile work environment when not targeted at gender [Eric B. Meyer]
  • Next step signaled in SEIU fast food protest campaign: unlawful property occupations [AP, Chicago Tribune, arrests in May]
  • Trial lawyer win: Obama federal-contractor fiat will forbid pre-dispute agreements to submit bias claims to binding arbitration [AP, AAJ jubilates]

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Bob Dorigo Jones’s 2014 Wacky Warning Labels Contest has its five finalists.

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Why should trademark law ban “disparagement” in first place? Caleb Brown interviews me on the Washington Redskins case for the Cato Daily Podcast. Earlier here.

David Post has a post at the Volokh Conspiracy laying out the unexpectedly complicated relationship between the federal Lanham Act and state trademark common law. And he presents the First Amendment problem with “disparagement” doctrine head on:

…the constitutional question is also, for me, pretty cut-and-dried; this is precisely the sort of thing the First Amendment prohibits: an agency of the federal government doling out benefits on the basis of whether or not you have used a word or phrase that is ‘disparaging,’ or that “bring into contempt, or disrepute” any “institutions, beliefs, or national symbols.” … [Whether my view of the matter is in tune with current doctrine is another question entirely]

WashingtonSenatorsNow that we’ll be canceling trademarks of sports teams with disparaging names, here’s one that got away. [Washington Post]

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“The Buffalo Bills have agreed to pay up to $3 million – largely in the form of debit cards redeemable only at the team store – to settle a class-action lawsuit that accused the team of sending too many alerts to fans who signed up for a text-messaging service.” Plaintiff Jerry Wojcik contended “that the team violated the terms of its text service by sending him 13 messages over two weeks when it promised to send no more than five per week. … He claimed in his suit that the extra texts violated the federal Telephone Consumer Protection Act, and he sought statutory damages of $500 per excessive message for negligent violations and up to $1,500 per message for willful violations.” His lawyers will pocket $562,500. [Buffalo News]

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Not so smart?

by Walter Olson on April 5, 2014

Northwestern athletes’ “college football participation = paid work to be governed by labor laws” argument may boomerang with a whopping tax bill [TaxProf, Bleacher Report on NLRB giving nod to idea]

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April 4 roundup

by Walter Olson on April 4, 2014

  • “Helmet maker not to blame in football player’s injury, jury finds” [L.A. Times]
  • “New Corporate Survey Illustrates Burdens Of Document Preservation And Benefits Of Proposed [Rule 26 Discovery] Reform” [Mark Chenoweth/WLF, Timothy Pratt/Abnormal Use, NJLRA, earlier]
  • Have divorce statistics been misreported? [Kay Hymowitz, Robert VerBruggen]
  • “Intoxicated Man Loses Big at Casino, Wants His Money Back” [Abnormal Use]
  • “SCOTUS Deferred to Executive Agencies. What Happened Next Will Infuriate You!” [Ilya Shapiro, Cato on Peri & Sons Farms v. Rivera]
  • Overtime scheme: Obama doesn’t “worry about being held accountable for the unwelcome consequences” [Steve Chapman] Advice for small business on complying with salaried employee classification [Suzanne Lucas ("Evil HR Lady") at Inc., earlier here and here]
  • Religious liberty, discrimination law and how spurious rights drive out the real [Jacob Sullum] Timely: “Harvard Hosts Conference on Religious Accommodation in the Age of Civil Rights” [TaxProf]

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The National Football League had already been seeking $1.5 million in arbitration for alleged contractual breach against rap singer M.I.A. for extending her middle finger during a performance at the 2012 Super Bowl. “Now the NFL has added an additional claim, seeking $15.1 million more in ‘restitution’ as the alleged value of public exposure she received by appearing for an approximately two minute segment during Madonna’s performance. The figure is based on what advertisers would have paid for ads during this time.” [Hollywood Esq.]

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Among the key reasons, argues Max Kennerly: it released third parties including amateurs who weren’t being asked to pay anything. More: NYT (quoting Ted Frank).

A lawyer representing a fan has sued the National Football League for allegedly breaking New Jersey state law by making just 1 percent of Super Bowl tickets available to the general public at face value. A section of the state’s Consumer Fraud Act reads, “It shall be an unlawful practice for a person, who has access to tickets to an event prior to the tickets’ release for sale to the general public, to withhold those tickets from sale to the general public in an amount exceeding 5% of all available seating for the event.” (But does “person [with] access” refer to the original event organizers, or only to middlemen who acquire tickets for resale?) The lawsuit “says it’s on behalf of all ticket buyers who have paid more than face amount for their tickets, along with anybody who couldn’t afford to buy tickets in an exorbitant secondary market, but who still wanted them.” [NJ.com] More: the NFL made me do it! [Abnormal Use]

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“Jovan Belcher’s mother has filed a wrongful-death suit against the Chiefs, seeking unspecified damages after the former linebacker killed his girlfriend and himself in December 2012. The lawsuit… also alleges that the team … knew, or should’ve known, that Belcher showed signs of cognitive and neuro-psychiatric impairment.” [Kansas City Star]

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“When the NFL concussion settlement was announced nearly four months ago, the more than 4,500 players who had sued the league were assured that no part of the $765 million deal would go to lawyers.

“But a recent dispute involving the players’ lead negotiator confirms that not only was that statement misleading, some lawyers stand to receive multiple paydays, according to documents and emails obtained by ‘Outside the Lines.'” [ESPN.com, auto-plays video] (& welcome Above the Law readers)

Fantasy football

by Walter Olson on November 15, 2013

Could it be a federal crime? And what is its connection to insider trading law, and to recent commercial efforts (Fantex Holdings) to “securitize sports” by enabling investment in individual athletes’ personal brands? [Justin V. Shur, Eric R. Nitz and Justin M. Ellis, Corporate Counsel]

September 15 roundup

by Walter Olson on September 15, 2013

  • Falling tree limb injures woman, jury orders city of Savannah to pay $12 million [Insurance Journal]
  • Dept. of Interior mulls lowering threshold for federal recognition of Indian tribes [AP]
  • Section 230: “The Law that Gave Us the Modern Internet, and the Campaign to Kill It” [Derek Khanna, The Atlantic]
  • Interview with false-memory expert Elizabeth Loftus [Slate]
  • “No meaningful costs or downsides” to the Microsoft antitrust case? Really? [Tom Bowden]
  • NSA covertly intervened in standards making process to weaken encryption standards [Mike Masnick, TechDirt] After being rebuffed by public opinion in quest for dragnet surveillance programs, NSA quietly put programs in place through other channels [Jack Shafer; related, Ken at Popehat]
  • Given the limitations of litigation, better not to lament the shortcomings of the NFL concussion settlement [Howard Wasserman]

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“The NFL has reached a tentative $765 million settlement over concussion-related brain injuries among its 18,000 retired players, agreeing to compensate victims, pay for medical exams and underwrite research.” [ESPN (auto-plays video), Sports Illustrated, earlier] Plus: Chicago Tribune editorial (and thanks for quote); Daniel Fisher.

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