Jim Leavitt proceeds with suit against South Florida; NCAA on lookout for counterfeiters; Hawkeye Down
Terminated coaches sometimes don't take their firing in an accepting manner. Of course we have Mike Leach now going through the discovery process with Texas Tech. And now former South Florida coach Jim Leavitt is ready to proceed with his lawsuit against South Florida.
NCAA determined to combat bootleggers at the men’s Final Four basketball championship“It’s vital to be able to control your [trade]marks and the revenue they generate.”, said Michael Drucker, an attorney for Collegiate Licensing Co. Collegiate has contracts with the NCAA to grant licenses for the legitimate sale of apparel. The NCAA means to collect their royalties, and will aggressively go after purveyors of unlicensed products. Selling counterfeit merchandise yields high returns, but carries little risk.
The University of Iowa acted switftly and decisively in firing men's basketball coach Todd Lickliter after only 3 years on the job. Hawkeyes' Athletic Director Gary Barta would not accept a half-filled arena and lack of enthusiasm from the Hawkeye faithful. Lickliter still had 4 years remaining on his contract and will receive $2.5 million. See the liquidated damages clause in the contract.
Mike Leach case; MLS CBA update; StarCaps trial ends; Formula One will adopt WADA's code
Depositions got under way in the Mike Leach case. Both Craig and son Adam James went through the discovery process this past Friday and Saturday. Mike Leach gave almost five hours of testimony.
MLS CBA update
MLS players have already indicated they will strike if a new deal is not reached by March 25.
It will be mid-May when a ruling will be made in the StarCaps case as to whether or not the NFL violated state law in the suspension of Kevin and Pat Williams .
Judge Gary Larson will:
decide, under Minnesota's Drug and Alcohol Testing in the Workplace Act, whether it is the NFL or the Vikings or both who employ the Williamses;
decide if the NFL breached Minnesota's confidentiality requirements regarding the positive drug test results;
decide if the Williamses received timely notice of those positive results as required under state law.
Formula One to jump on board with WADA's anti-doping code
NASCAR puts Edwards on probation; "Glory Road" heroes join suit against NCAA and EA Sports
NASCAR puts Carl Edwards on 3 race probation
Having deliberately wrecked Brad Keselowski (seen in mid-air here), Edwards (top of photo) was immediately pulled by officials from that race, and now the decision has been made by NASCAR to impose a 3 race probation.
Emulate Mariner's GM for success in breaking into the industry
With a winning resume, tireless work, great work ethic, and friendly personality you'll enhance your chances to break into the industry. Jack Zduriencik isn't an attorney, but he has all of these qualities, and has worked his way up to be GM of the Seattle Mariners.
O'Bannon v. NCAA Amended Class Action March 10, 2010
"Glory Road" heroes head to court
It's "March Madness" time again, with conference tournaments in full swing and selection Sunday a day or two away. A few years back Disney produced the movie Glory Road, which depicted the NCAA tournament basketball champions of 1966 - the Texas Western Miners (now the University of Texas El Paso). Now two heroes of that team, Harry Flourney and David "Big Daddy" Latin have joined as additional plaintiffs in the lawsuit against the NCAA, which was originally initiated by former Nebraska and Arizona State quarterback Sam Keller and later joined by former UCLA basketball player Ed O'Bannon. The suit contends that the NCAA should compensate college athletes for the use of their images and likenesses in games such as those made by EA Sports.
Next former UCLA basketball player Ed O'Bannon brought his own suit against the NCAA under an antitrust theory as it relates to multiple products featuring the players images and likenesses.
Along with Flourney and Latin, 9 other players have joined in suing the NCAA and EA Sports. SLT will continue to follow this important story.
Hendry: Milton Bradley contract a mistake; BCS's Bill Hancock wants U.S. Senators off BCS's back; Senator Hatch's demand letter to Bill Hancock; StarCaps update
This story may not be Sports Law, but here at SLT we will never forget Milton Bradley saying, "I'm not talking about that. What else you got?". So when Chicago Cubs GM Jim Hendry talks smack about Milton Bradley we take notice. Besides, the Cubs are paying for the three year $30 million contract they gave to Bradley and Hendry now says it was a mistake.
Head of BCS gets mad at United States Senators
Executive Director Bill Hancock thinks Congress, “has more important things to do” than look into the BCS.
Here's the letter that Senator Orrin G. Hatch sent to Bill Hancock requesting a response to two sets of questions.
Starcaps case update
Last week at SLT we had the pleasure of being able to interview Alison Fitzgerald, the compliance official at the Univerity of Illinois Springfield.To see the interview refer to the SLT blog of March 1. Over the course of the interview we learned a great deal about the Sports Law Program at Marquette University. If any readers would care to tell us about their Law School's Sports Law Program, this is your chance. Simply provide us with the pertinent information by e-mailing us at
respond@sportslawtalk.com
MLS opens without CBA; Ron Prince; Sean Wieber; NASCAR substance abuse suspensions
MLS soccer action will take place without a collective bargaining agreement in place. The MLS is a single entity league that negotiates all player contracts. Seems like we heard something about a single entity in everyone's favorite case - American Needle. How many readers remember the the NFL playing without a CBA from 1987 through 1993?
Outstanding attorney has record of achievement from Northwestern University's football team to the firm of Winston & Strawn
Sean Wieber was a player running in practice with Rashidi Ayodele Wheeler when Wheeler suffered cardiac arrest and died. This motivated Wieber to work on a shell bill in a legislative advocacy class at Chicago-Kent College of Law. His goal was to require that automated external defibrillators be available to enhance survival chances in situations such as the one in which his team-mate died. His efforts in class, then through the legislative process, were key in the bill becoming a state law in 2008.
Mr. Wieber has already received awards from the Illinois State Bar Association and his school, and at this point in a stellar career is a third year associate at Winston & Strawn.
Ron Prince Update
One of the more intriguing cases we have been following at SLT is that of ex-football coach Ron Prince and Kansas State. Kansas State, of course, is trying to claim that the so- called "secret contract" signed by Ron Prince and Kansas State''s former Athletic Director Bob Krause is really no contract at all. Now, Ron Prince has just been hired as the offensive line coach for the Indianapolis Colts. You can bet Ron Prince won't have any secret contracts with Colts owner Jim Irsay.
NASCAR suspensions
Jeremy Mayfield's former brother-in-law, William David Keith, was one of two crewman suspended for violating NASCAR's substance abuse policy. When deposed last year, Keith had stated that he witnessed Mayfield repeatedly using methamphetamines. Keith is a spotter for David Gilliland in the Sprint Cup Series. The other crewman suspended works for Daisy Ramirez Motorsports.
Joe Mauer-Twins negotiations; Bud Selig looking at HGH testing; Mike Leach deposition; StarCaps update
With Spring Training well under way, the most interesting story in baseball relating to contracts has to be the Joe Mauer - Minnesota Twins negotiation.
Joe Mauer is a true baseball Super Star. Mauer plays for his hometown team, the Twins. Mauer is the franchise. The Twins, playing in a small market, have always found a way to compete in the American League Central with a limited budget. In fact, several years ago Chicago White Sox manager Ozzie Guillen labeled the Twins "the piranhas" for the way the team battled and found ways to win. Now, with Mauer in the last year of his contract, will the Twins and Mauer find a way to get this deal done by opening day? The bet here is that it will get done over the next month, and before opening day.
HGH testing is something MLB Commissioner Bud Selig is looking at, but it may not happen right away.
Game on!
When we last left this case a judge had ordered the two sides to attempt to mediate the matter. Not much came of the mediation. So it's back to court. Former Texas Tech coach Mike Leach is set to be deposed by attorneys for Texas Tech. So it's GAME ON. This case promises to be around for quite sometime and we don't expect any settlement in the near future.
StarCaps trial has begun
Among the issues to be settled at trial:
Who employs the players? The Vikes; the NFL? A Minnesota judge already found that if the NFL even partially employs the players, Minnesota labor law must be followed.
Did the NFL violate Minnesota confidentiality law? The league denies leaking the test results to the press, making the Williams the last to know.
NFL suspends Jason Ferguson for PEDs; StarCaps case trial
8 game suspension for Jason Ferguson for violating NFL policy on performance-enhancing substances
This is the second such violation that has seen Ferguson suspended. In 1999 he sat out 4 games for testing positive for steroids.
StarCaps case trial begins today
Minnesota Vikings Pat Williams and Kevin Williams have their day in state court. Also see SLT blogs of 2/22/10, 12/16/09, 11/4/09, 9/16/09, and 7/10/09.
New Orleans Saints Charles Grant and Will Smith, who were suspended for testing positive for a banned diuretic in 2008, will be affected by the outcome. Although not parties to the lawsuit, they are currently not under suspension due to a decision by the NFL to wait upon that action until the Vikings' case is decided.
NFL free agency begins today; Baylor's Brittney Griner throws punch and is suspended; Chargers decide to keep Sproles; 0-3 year players getting deals done
NFL free agency begins today and ushers in a season without a salary cap. With the uncapped season come new rules; players need six years of service to be unrestricred free-agents, players with 4 and 5 years of service now become restricted free agents. Prior to this year, after four years of service a player was an unrestricted free agent, and three years of service allowed a player to be a restricted free agent.
Thus, the uncapped season begins. Will the NFL ever get the NFLPA to go back to a capped season? Will the owners regret that they cut short the CBA? Will we again see the bitter struggles between owners and players that occurred in the 1970's and 1980's? Will there be a lock-out in 2011? Stay tuned; these questions will be answered over the coming months.
Brittney Griner throws punch and lands suspension
For at least one game, Brittney Griner has been suspended for a "fighting act". The NCAA will decide upon what, if any, additional disciplinary action will be taken.
We didn't see this coming
The Chargers tendered Darren Sproles just before free agency. The offer is a $7,283,000.00 one year contract.
An illustration of 0-3 year players getting their deals done
14 Texas Rangers signed one-year contracts before the team’s first spring training game.
James Paxton leaves University of Kentucky baseball; Soccer's Collective Bargaining Agreement runs out; Where Are They Now?
It was not that long ago that former Oklahoma State pitcher Andy Oliver and the NCAA reached a settlement that allowed the NCAA to maintain it's rules regarding agents and college baseball players. Now, another stand-out collegiate hurler, this time at the University of Kentucky, has left the baseball team at Kentucky. James Paxton was drafted by the Toronto Blue Jays last summer. When it was reported that Scott Boras spoke to the Blue Jays on Paxton's behalf, and Paxton decided to go back to UK for his senior year, the trouble began. This link does a nice job of breaking down the situation and shedding light on the issues at hand.
Major League Soccer's CBA has run out. The MLS Players Union did not respond to the league's pledge that there would be no lockout with an offer not to strike.
MLS commissioner Don Garber commented, "We will not make any decisions just to avoid a work stoppage."
Where are they now?
Chris Zorich
Usually when we do a "Where are they now?" it has been about a high profile agent/attorney who has gotten out of the business or moved on to other endeavors.Today we feature a former stand-out college football player who had a seven year NFL career. He then received a law degree and practiced law for four years. He then returned to his alma mater, Notre Dame, to become the Manager of Student Welfare and Development. Zorich also serves on the Knight commission on Intercollegiate Athletics.
Since we took a look at Chris Zorich who serves on the Knight Commission, we would be remiss if we did not mention another college and professional standout, this time in basketball who also happens to be an attorney; Len Elmore . Len Elmore received his law degree from Harvard University, and has been an extraordinary sports lawyer.
Athletes Premier International (API) and Hendircks Sports Management settle out-of-court; Players who decide not to go on to pro football; Stephen Strasburg to minors?
Poaching is a word synonymous with the agent business. Drew Rosenhaus gets his share of notoriety for his alleged tactics in luring players over to his agency. Over the past few months the Hendricks Brothers (Randy and Alan) have generated a lot of media coverage. Cuban pitching prospect Aroldis Chapman left the agency of Edwin Mejia for Hendricks SportsManagement and the fireworks began.
Shortly after Chapman went over to the Hendricks Brothers he signed a contract for somewhere in the area of $30 million dollars with the Cincinnati Reds. Edwin Mejia quickly moved to file suit against the Hendricks Brothers in Massachusetts state court. The lawsuit accused the Hendricks Brothers of tortuous interference and unjust enrichment.
With the news of the past week involving the possible embezzlement of $300,000.00 from Kendry Morales by an associate of Hendricks Sports Management, the reported out-of-court settlement is most timely.
The agents among you know that every so often they'll recruit a player and then find out that the player really does not want to continue on to the next level. This is an infrequent occurrence in the NFL of today, with the chance to draw a huge salary so quickly. Nebraska's Jacob Hickman is a rare example of a player who knew he had enough of the grind that is football.
Stephen Strasburg, whose contract negotiation with the Washington Nationals went down to the wire last August, may not start the year on the National's roster. Manager Jim Riggleman feels it may be in Strasburg's best interest to get a feel for Double A or Triple A ball first. Also, by delaying his time in the big leagues, the Nationals potentially save money by delaying Strasburg's Major League service time, thus keeping him away from arbitration for another year.
