Thank you,
@dmorey
. I do stick to sports (law), otherwise I don't know if I'd have time to sleep 😀. That said, what a time to be alive and to be in law.
Had Antonio Brown not texted a person who has accused him, maybe the Patriots keep him. The difference between those texts and everything else is Brown sent them while he was on Patriots. Likely showed Belichick AB couldn't be trusted to follow team culture & not worth the chaos.
As NFL didn't interview Kareem Hunt about hitting a woman, recall how NFL reacted to Deflategate: (1) hired a small army of attorneys who spent many billable hours interviewing 66 witnesses & writing a 139-page report; (2) hired Exponent for experiments & 82-page science report.
The NFL aggressively pursued allegations that Tom Brady had "general awareness" of a scientifically-unproven plot to slightly underinflate footballs, and spent millions in pursuing Brady. Yet with Kareem Hunt, it's not clear he was even questioned by NFL about a violent incident.
On this day in 1863, President Abraham Lincoln delivered the Gettysburg Address. On this day in 2017, President Donald Trump called out LaVar Ball on Twitter for not saying thank you.
Justice Gorsuch follow up Q: You worry about student athletes getting $6K a year when TV contracts are in the billions. $6K a year is not a lot given injuries and inabilitly to major in what they want. You talk about $6K like it’s an exorbitant amount. It's not.
U.S. Supreme Court Justice Amy Coney Barrett rejected a petition to challenge an Indiana University COVID vaccine mandate for students. That decision has implications for the NCAA, athletic departments and college athletes:
The NFL has no comment on Deflategate II, but in Deflategate I, the league had 66 witnesses, published a 139-page investigative report and 82-page "science" report, suspended league MVP for 4 games for offense that previously hadn't led to a fine and took away 1st & 4th rd picks.
News story: Bill Belichick says kicking footballs in 1st half vs. Chiefs were underinflated (confirming
@ByMarkDaniels
report)…NFL declines comment…KC’s Harrison Butker says FG miss a result of technique but notes difference w/ footballs in 2nd half.
The Yankees warn its release will cause "significant and irreparable reputational harm." MLB says it could “cause potential embarrassment." They're talking about a sealed letter from 2017 that's on sign stealing allegations and that's about to be unsealed:
The NCAA warns if it loses In Re College Athlete NIL Litigation, which is about paying college athletes for their games on TV and for not having NIL until 2021, it could forced to pay more than $4 billion in damages.
This case could knock out the NCAA. .
This won't just be about today. It's now happened--NBA players have boycotted games to take a stand. Now that it's happened, it could happen again. In the NBA. Other leagues. College. The Olympics. Without uttering one word, athletes are more empowered now than they were before.
Blunt remarks by Roger Goodell on the league being "wrong for not listening to NFL players earlier", but they'd likely resonate more if he specifically addressed the national anthem controversy. He could also address Colin Kaepernick, so long as doing so complies with settlement.
Roger Goodell: ``We, the National Football League, admit we were wrong for not listening to NFL players earlier and encourage all to speak out.''
#SportsBiz
I thought Tom Brady only won because of a science-defying equipment conspiracy that he had “general awareness of” to slightly underinflate footballs right before games? I don’t know, maybe he’s excelled for other reasons.
A federal judge has certified the U.S. women soccer players' equal pay class action lawsuit against U.S. Soccer. The judge also seems skeptical of U.S. Soccer's defenses. In a new
@si_soccer
and
@SInow
legal story, I analyze what today's development means:
This video isn't going to help Alan Strickland's lawsuit against Masai Ujiri, who he says wouldn't show credentials & "attacked" & "hit him in face & chest with both fists." Strickland says he suffered "loss of enjoyment of life." His wife also suing Ujiri for loss of consortium.
Oakland, California:
Game 6 last year. Raptors had just won the title.
Raptors President Masai Ujiri was making his way to the court to celebrate when he was assaulted by this security guard.
What a joke...
Justice Alito: aren't college athletes used up by powerhouse schools, and bring in a ton of revenue that goes to coaches' salaries and few of the athletes will ever make money as pro athletes?
Justice Kagan: The way you talk about amateurism sounds high minded, but schools that are naturally competitors have gotten together in an organization with undisputed market power to set salaries at far lower levels than if market were set to operate. Aren't you fixing prices?
A source tells
@SInow
that the FBI wiretap did NOT intercept a phone call where Sean Miller discussed making a payment to DeAndre Ayton. This and other details in a new
@SInow
legal analysis:
Keep those heaters away from the footballs. They can impact air pressure and, next thing you know, there's a federal case over PSI, footballs and the powers of the commissioner.
The Dolphins had heaters near their bench inside SoFi Stadium. Temperature outside was about 55 degrees.
They travel to Buffalo this week, where early weather reports call for snow and temperatures in the 20s 🥶😅
Deflategate--slightly under-inflated footballs--had 66 witnesses, 139-page investigative report, 82-page science report, 20K-word team rebuttal, arbitration, federal district & appeals court hearings, draft pick loss, suspension, college course. Sex harassment probe? A web entry.
Five weeks ago, the NBA fined the Clippers $50K for tampering after Doc Rivers said on ESPN, "Kawhi is the most like Jordan we've seen." If that very flattering remark--a comparison to the GOAT--in any way helped Clippers get Kawhi, it was $50K well spent.
The Morey-NBA situation is a reminder that sports leagues are private entertainment ventures that try to maximize profit. They're not democracy-promoting platforms or engines for social change, unless it advances their goals. They're like other businesses, except we follow them.
"Several coaching sources confirmed to CBS Sports that they can figure out an opponent's signs to signal in plays from game film without in-person scouting of future opponents. That is allowed under NCAA rules."
Too bad there was no court hearing for Michigan and the Big Ten.
News: NCAA considered getting rid of the future scouting rule in 2021 bc "minimal competitive advantage" and "enforcement burdens of ensuring compliance with legislation."
Shaun Livingston is one of 40 players who jumped from high school to the NBA between 1975 and 2005 (in 2006, NBA age limit rose to 19 + 1). Livingston has never been a prep-to-pro star like LeBron or Kobe or KG, but has overcome knee woes to earn $58 million over 15 NBA seasons.
Sources: Warriors are waiving guard Shaun Livingston, who is guaranteed $2M of his $7.7M salary for season. Livingston, 33, is determined to continue playing and becomes one more valuable free agent candidate for contenders. He’s won three NBA titles and reached five Finals.
The resignation or firing of Connor Stalions from Michigan headlines college sports and the law tonight, but probably more important is Judge Wilken (as expected) just certified In Re College Athlete NIL Litigation (AKA House v. NCAA) as a class action for purposes of monetary
The value to UMBC in terms of admissions, fundraising, marketing, alumni engagement and so many other institutional dimensions should they hold on to upset UVA . . . priceless. This is the kind of night college administrators and trustees dream of.
Deflategate's over. Tom Brady "lost" but won 3 more SBs and became the GOAT. But we shouldn't overlook new light on false claims. They mattered. I was in court when Judge Chin said, "the evidence of the ball tampering is compelling, if not overwhelming." He had relied on the NFL.
Who was the source for the notorious (and false) 11-of-12 footballs report that sparked Deflategate? What happened to the air-pressure measurements randomly taken during the 2015 seasons? Playmakers found the answers to both of those questions.
In unanimous ruling, the United States Supreme Court rules against the NCAA in the Alston case. This is not the end of amateurism, but it chips away at core aspects of it and sets precedent that the NCAA is not special and is subject to normal applications federal antitrust law.
Rich Paul isn't a college grad, but he's one of the most successful agents in NBA history. If the NCAA adopts a bright-line rule requiring that agents be college grads, Paul would be denied a chance to represent underclassmen. That could become an antitrust problem for the NCAA:
Guy who threw plastic water bottle at Kyrie Irving that allegedly grazed his head was charged with felony assault--carries max of 10 yrs in prison--and banned from TD Garden. Guy who threw baseball & hit Alex Verdugo was ejected but no report yet of charges or Yankee Stadium ban.
If the AFC Championship had been played in Gillette Stadium and if the visiting team's starting quarterback had been targeted by a green laser beam on key plays, it's safe to say "LaserGate" would be a larger controversy. It still deserves the NFL's notice, as I write on
@SInow
:
The NFL is investigating a suspicious green beam that repeatedly appeared on Tom Brady’s uniform throughout the AFC Championship
@McCannSportsLaw
examines the potential legal fallout that could occur
Legally, James Dolan can ban a fan for yelling "sell the team" at him. MSG is a private arena and its conduct code requires fans be "respectful", as judged by MSG. And, as Charles Oakley learned, Knicks tickets are revocable. But just because Dolan "can" doesn't mean he "should".
Urban Meyer's statement seems written with contract law in mind. It denies any grounds that Ohio State could use to fire him with cause. At the same time, it acknowledges his answers to journalists' questions were inadequate--a personal failing that doesn't violate his contract.
"I don't know what happened to the data, to be honest with you." Reminds me of uncertainty over which pressure gauge was used. And yet the league conclusively, without a doubt, held the Patriots and Tom Brady orchestrated a science-defying plot to slightly underinflate footballs.
Journalists reporting on NFL players who test positive for COVID-19 aren't covered entities under HIPAA and so aren't violating HIPAA. Often employers and representatives (outside of those in health care) aren't covered entities, either. And HIPAA has no private right of action.
James Harden might win a title with the Brooklyn Nets--and the value of that would be "priceless"--but his trade to New York will cost him as much as $13.6 million in new income taxes.
@SportsTaxMan
and I break down the numbers in a new
@Sportico
story:
If the NFL and Chiefs are surprised to learn there is hotel surveillance video of an hallway altercation that led police to investigate, then they need new investigators. This is 2018, not 1958. There are cameras throughout hotels and they obviously produce evidence. No excuses.
Great to see
@Ed_OBannon
alongside
@KingJames
for the signing of the Fair Pay to Play Act into law. Ed spent seven years litigating a case, knowing from the start it wouldn't pay him anything, win or lose. He brought it to change rules to benefit others:
I’m so incredibly proud to share this moment with all of you.
@gavinnewsom
came to The Shop to do something that will change the lives for countless athletes who deserve it!
@uninterrupted
hosted the formal signing for SB 206 allowing college athletes to responsibly get paid.
David Ortiz is 6'3 and listed at 230 pounds. And very famous and instantly recognizable. Not a likely person to be confused with someone else. The shooter also walked up directly behind Ortiz, and not the friend at same table. But prosecutors now say Ortiz wasn't intended target.
You're 0 for 3. 1. Tom Brady not only didn't admit to NFL's claims, but he went under oath--and risked perjury criminal charges--to deny them. 2. There were no witnesses. 3. NFL "evidence" was rebuked by neutral scientists, including MIT Prof
@jleonardmit
:
If Antonio Brown plans on boycotting the NFL until player contracts are guaranteed, he might as well announce his retirement. He raises a valid concern--teams' ability to cut players without paying has hurt players who did everything right--but he's not the ideal champion for it.
Russell Westbrook's on the road of becoming a torts exam question. Is this civil assault (threatening to inflict injury on another person with an apparent ability to do so + causing that person reasonable apprehension of harm) or intentional infliction of distress? Roll the tape:
After 13 great years and authoring more than 1,000 stories for Sports Illustrated, I'm excited to announce that in June I'll be joining Sportico, the newest addition to Rolling Stone, Variety, Deadline and other outstanding publications of Penske Media Corporation. (1/5)
Back in 2004, a group of fans attending a Pistons-Pacers game were charged with assault and battery for throwing drinks and other objects at Pacers players. Even if these "throwing" fans at Seahawks-Jaguars game aren't charged, they could, if identified, be banned from stadium.
Hopefully David Ortiz heals quickly and fully. The person who shot him is described as a robber. Depending on circumstances, he could face several charges, including attempted murder. The shooter--and his lawyer--will also have to deal with the fact that he shot a national hero.
No matter its intentions, the NFL's failed attempt to host a workout for Colin Kaepernick was doomed by legal and logistical problems. The NFL may have also unwittingly given CK grounds to pursue a 2nd collusion grievance. My
@theMMQB
&
@SInow
legal story:
Not good for NCAA. Justice Gorsuch: The agreement that is at the center of the case is an agreement among competitors to fix prices in a labor market. The NCAA has monsopny control over labor price. This isn’t like pro leagues (where they negotiate with a players' association).
Endorsement deals with major brands contain "morals clauses." They make it very easy for a company to drop an athlete who attracts controversy that damages their brand or the company's brand. Athlete doesn't have to be "guilty." It's all about the controversy.
#AntonioBrown
#Nike
Instead of being forced to donate $11,500--and that isn't really a "donation" since "donate" is normally seen as a voluntary act--James Wiseman could leave college & turn pro, and make money rather than having to "donate" it as an "amateur" athlete, whatever "amateur" now means.
With Harvard star Ryan Donato deciding to forgo his senior year to sign with the Bruins, reminder of how different college hockey works than college hoops: player can be drafted, go to college on a full ride and stay till he's ready for NHL. Seems more sensible than one-and-done.
Devastating news about Kobe Bryant. Only 41 years old. Father of four. Husband. Both the Federal Aviation Administration and the National Transportation Safety Board are reportedly investigating the crash and its circumstances. The helicopter was a Sikorsky S-76.
Tyreek Hill situation illustrates how burdens of proof matter in law. It appears the police believe Hill or his fiancée, Crystal Espinal, is responsible for injuries to their son, but can't prove which of the two did it--so can't prove either is guilty beyond a reasonable doubt.
The Marlins outbreak occurring helps to explain why the Canadian government would deny the Blue Jays the chance to play home games in Toronto. MLB teams flying to different cities almost like there's no pandemic going on seemed to go against the odds. No bubble, no sports season?
Instead of stressing Antonio Brown's troublesome legal problems--from civil litigation with disturbing allegations to, most recently, felony charges--Roger Goodell focuses on ensuring Brown's well-being & health. A decade ago, Goodell probably answers that kind of Q differently.
NFL commissioner Roger Goodell on the Antonio Brown investigation: "The 1st thing for all of us is to think about the well-being of Antonio, to understand what Antonio is going through. ... We want to help get him on the right track."
"From our standpoint, that's the 1st step."
The fact that the University of Arizona is not only retaining Sean Miller but letting him publicly speak in an official capacity in response to the allegations signals the school believes him. If university officials had any doubt, that press conference would have never happened.
Hopefully Goodell is aware that air pressure in footballs is impacted by temperature, and will drop during cold weather. Last time this came up, there was a year-long federal litigation involving a U.S. District Court and a U.S. Court of Appeals. It even led to a college course.
The NFL’s Deflategate investigation produced the 139-page Wells Report + an 82-page “science” report authored by firm retained by NFL (also 20,000+ word rebuttal published by Patriots). Both NFL reports were public. WFT investigation had no written report?
Rob Manfred continues to make a bad situation worse through his remarks. But his job security is only up to one group--the owners--who have the power to hire and fire. 3 reasons he's staying: MLB revenues are up. His contract is through 2024. Owners want him to negotiate new CBA.
With the Sonics getting a lot of attention in episode 8 of
#thelastdance
if the NBA expands by two teams in the 2020s, Seattle and Louisville would be excellent candidates to land those teams:
As someone who taught a college course on Deflategate, I wish it had remained fresh. But once the science came in, including from
@MIT
Professor (and Philadelphia Eagles fan)
@jleonardmit
, it became clear Deflategate was full of hot air. Just watch:
Bill Belichick remains smug, Josh McDaniels remains a twerp, and DeflateGate remains fresh. When Patriots visit Colts on Saturday, I hope you boo their ass – and wouldn’t mind if the Colts beat their ass:
Referees sponsored by two of the players' family business is almost as much of a conflict of interest as having a sports league commissioner be judge, jury and executioner.
The NFL insists that the waiver it demanded Colin Kaepernick sign was standard. Standard, however, doesn't necessarily work in an unusually litigious situation. Meanwhile, SI has obtained Kaepernick's waiver and it couldn't be more different. Key details on the battle of waivers:
A case over Urban Meyer saying vaccine status mattered in cuts would be tough. 1) CBA preempts most lawsuits--claims go to grievance; 2) NFLPA agreed to vaccine rules; 3) unvaccinated people aren't in a class protected by law; & 4) unvaccinated players may become less available.
Biggest (only?) winner from Deflategate: Jimmy Garoppolo. If Tom Brady wasn't suspended & if 2 of 3 federal appeals judges didn't side with the NFL, Garoppolo may have never gotten a start. Today he signs the largest deal in NFL history. The unintended consequences of sports law.
Good story on Chicago Bulls guard Garrett Temple, who recently took the LSAT with plans to pursue law school after the 34-year-old's NBA career ends. He said watching a TED talk on power of prosecutors & speaking a criminal defense attorney motivated him.
The federal appeals court siding with the NFL does not mean that it believes Ezekiel Elliott is "guilty." Like with Tom Brady and Adrian Peterson, it only means it sees a personal conduct policy that Elliott's union accepted & that gives Roger Goodell nearly unlimited authority.
Sherra Wright--now charged with murder--when asked by
@SInow
in 2015 if she had anything to do with Lorenzen Wright's murder. She decided to answer a different question and then repeated her non-responsive answer. Can't imagine her lawyers are too thrilled she did that interview.
Not his most important role, but President George H.W. Bush played a key role in American sports law. In 1990, he signed the Americans with Disabilities Act, which the Supreme Court used to rule for golfer Casey Martin and use of cart. Bush also signed PASPA (sports betting ban).
Michael Jordan’s salary in 1997-98 season was $33.1M, despite the fact that each team had a salary cap of $26.9M. Jordan was literally paid more than the rosters of entire teams. After season, there was a lockout. Next CBA had max salaries.
#TheLastDance
Raptors players who travel to the U.S. would, per COVID restrictions, have to quarantine for 14 days upon returning to Canada. That would make it impossible to play an NBA schedule in Canada. So the Raptors will play in Tom Brady Country, at least for the start of the season.
According to two Jacksonville sources, there are many closed-door meetings happening over the last two days in the football offices and none of them have anything to do with the Titans. Stay tuned. This might get ugly.
At
@TheCrossover
we offer our bold predictions for the NBA in the 2020s. Mine: the NBA will expand by two franchises, one in Seattle, the other in Louisville. Check out our predictions here:
The University of Arizona should proceed cautiously in deciding whether to fire or suspend Sean Miller following an unproven claim he paid players. As I detail in a new
@SInow
legal story, it's a complex situation where the wrong move could badly backfire: