An attorney dad in Dallas “says a group of coaches coerced wealthy parents to pay thousands of dollars for their sons to play lacrosse”; his own son’s varsity involvement, however, proved a disappointment. His suit invokes the federal RICO (racketeering) statute. [KDFW]
…by tearing down the newly built seating on the boys’ side, provided by voluntary parent contributions. What’s important is that things be equalized, and someone had filed a Title IX complaint. “The seating was also not handicapped accessible.” [Plymouth, Mich.; MyFoxDetroit]
On concussion lawsuits. [AP, earlier]
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]
Webster, N.Y.: “The family of a former Webster Thomas hockey player has sued the school district and hockey coach for keeping him at the junior varsity level for four years ‘in spite of his advanced skills.’” [Justin Murphy, Rochester Democrat & Chronicle]
Electronic Arts no longer supports online play for older team sports simulations for which there is little or no consumer demand, since play based on several-year-old team rosters does not excite very many customers. This makes customer Justin Bassett very sad, to hear his class action lawyers tell it, and he is suing in New York (but under California law) to get the problem fixed. [Lowering the Bar]
According to a panel discussion hosted by the law firm of Edwards Wildman Palmer, sponsors of the Boston Marathon could face liability claims over the terrorist bombing of the event. One panelist cited the Station nightclub fire litigation in Rhode Island, in which plaintiffs lodged claims against upwards of 90 defendants, such as beer and radio-station sponsors of the concert, and won substantial settlements — $22 million from the parent company of the local radio station and $21 million from the beer defendants, for example. [Sheri Qualters, National Law Journal]
Ervin Mears Jr. has sued in Camden County, claiming his son Mawusimensah Mears, a sophomore, was kicked off the track team on the grounds of unexcused absences from practice. “‘Participation in extracurricular activities is a right,’ Mears said. Not allowing his son to participate constitutes bullying, harassment, and an ‘abusive school environment’ in which the sophomore’s rights to due process and freedom of speech were impeded, the suit says.” He wants $40 million. [Philadelphia Inquirer]
The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:
According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.
P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]
“…but Does He Really Owe Damages?” That’s what the U.S. Department of Justice will claim, at least. “Perhaps most curiously, how will the court assess damages on behalf of the Postal Service? Has the brand of the USPS actually been harmed by Armstrong’s years-late confession?” [Brad Wieners, Bloomberg Business Week]
“A nonprofit group sued the NCAA on Wednesday over a new policy that bars felons from coaching NCAA-sanctioned events. The lawsuit, filed in U.S. District Court in San Diego, claims that the new rule violates the Civil Rights Act and disproportionately affects minority coaches.” [ESPN, auto-plays video] The suit dovetails with the EEOC’s new crackdown on employer consideration of criminal records, which as James Bovard writes in the Wall Street Journal, seems calculated to raise the legal risks substantially for employers who put job applicants through criminal background checks: it denies the “business necessity” defense to employers even when a state’s law mandates the use of criminal checks, and requires most employers seeking to consider criminal records to enter a legal minefield of obligatory “individualized assessment” in which decisions can be second-guessed readily and expensively:
It is difficult to overstate the EEOC’s zealotry on this issue. The agency is demanding that one of [former EEOC general counsel Donald] Livingston’s clients — the Freeman Companies, a convention and corporate events planner — pay compensation to rejected job applicants who lied about their criminal records.
(& T. Andrew Perkins)
Don’t you wish we’d heard more about this before the election, and not just afterward?
Breaking new ground, the U.S. Education Department is telling schools they must include students with disabilities in sports programs or provide equal alternative options. The directive, reminiscent of the Title IX expansion of athletic opportunities for women, could bring sweeping changes to school budgets and locker rooms for years to come.
Schools would be required to make “reasonable modifications” for students with disabilities or create parallel athletic programs that have comparable standing as mainstream programs.
[AP/Yahoo, New York Times, Michael Petrilli/NR ("The Obama Administration Invents a Right to Wheelchair Basketball")]
The disgraced cyclist, like quite a few celebrities (and non-celebrities), had filed defamation actions against persons over statements he had good reason to know were true. That’s not just a violation of his adversaries’ rights, but an inherently sanctionable use of the courts [Michael McCann/Sports Illustrated via Turkewitz; Emily Bazelon/Slate ("Armstrong 'sued so many people that by his own admission he can’t remember their names'")]
A lawyer has filed an intended class action in Florida court against the San Antonio Spurs, saying it caused him “economic damage” as a ticket buyer for management of the visiting team to have sent top players home to rest amid four games in five days. “Some might argue that the Heat’s fans got their money’s worth. That’s because the team barely beat the undermanned Spurs that night 105-100. [Attorney Larry] McGuinness said that doesn’t mean a game with the Spurs’ top players couldn’t have been more exciting.” [ESPN, auto-plays video]
At least the lawyers are getting some exercise [Cleveland Plain Dealer via Adler]:
Thursday was one of the strangest days in Ohio high school football history. Not a single down was played and it ended in total confusion…. The Ohio Supreme Court might have the final word….
Edgewood Superintendent Joe Spiccia said the plan Thursday night was to create a conflicting court order, which it did. … [OHSAA spokesman Tim Stried] said neither game will be played until the case is resolved by another court because if either game took place, it would be violating one of the two court orders.