Electronic Arts Sued by Madden Creator

Posted on March 31, 2011 by Matthew Stockwell

The creator of the Madden NFL video game, Robin Antonick, has sued Electronic Arts, seeking millions in unpaid royalties. The complaint, a copy of which can be seen here courtesy of Courthouse News Service, provides interesting details surrounding the creation of the video game, which was first developed for the Commodore 64. Antonik claims that his groundbreaking development of a football video game involving 11 players on each team was thought to be impossible, due to processing power limitations of hardware at the time (the first game was released in 1988).

Antonik seeks tens of millions of dollars in royalties. The Complaint alleges that Electronic Arts has sold 85 million copies of the various versions of the game, totaling approximately $4 billion dollars. The main contract, signed in 1986, lowered Antonik’s royalties from the 1983 contract, in exchange for a promise of long-term royalties, although at a lower rate. The royalty rate for Antonik’s product was reduced to 7%, and he received only 1% on derivative works. Antonik essentially claims that the current versions of the Madden game are not independent versions but follow the programming he developed, and therefore not “derivative works.” 

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Lebron Jordan, Not Like Mike; Nike Lawsuit

Posted on March 31, 2011 by Antonio Irizarry

When you mention Lebron or Jordan, there is not much confusion over who or what you are talking about.  The greatest player ever to step on the court and what many have said would be his successor may be stepping into the court room along with the most recognizable athletic apparel company in the world Nike.  

The shoe maker and the two NBA greats are being sued by Lebron Jordan, Inc..  Lebron Jordan, Inc. is a Brooklyn based company that customizes sneakers and apparel.  CEO Aaron Fraser claims the company is not named after or associated with the two NBA legends Lebron James or Michael Jordan.  Fraser insists the company was named after his godsons.  Initially, Nike, Michael Jordan, and Lebron James tagged Lebron Jordan, Inc. with cease and desist orders, but now it looks like the tables have turned.  The negative publicity that has been associated to the company because of the orders has triggered a lawsuit in the U.S. District of Eastern New York.  Not only has Lebron Jordan, Inc. filed the lawsuit, but it is suing Jordan, James, Nike, Converse, Live Nation, Inc. and Jump D.C., Inc. (Jordan reps) for $150,000,000 each.  

This should be an interesting case.  Lebron Jordan, Inc. argues Nike has no right to trademark either of the words that form it's company name and the negative press surrounding the cease and desist orders has prevented the company from millions of dollars in sales.  Nike, Jordan, Lebron and the rest of the defendants have the obvious argument that the company is using their names and brand to sell their products.  

For a story that clearly looked like a slam dunk for Nike, Jordan, and James, it may turn into a publicity magnet that attracts customers to Lebron Jordan, Inc.  And if this pans out for Lebron Jordan, Inc., don't be surprised to see Peyton Montana, Inc. coming soon.

 

 

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Bonds Trial Update: Can Former MLB Players Bring Greg Anderson to the Courtroom?

Posted on March 30, 2011 by Chris Fusco
One thing that is a certainty about the Barry Bonds trial is that his former trainer and alleged steroids supplier, Greg Anderson, will not testify against the slugger. He and his “Fifth Amendment” rights will be in jail as he has refused to take the stand.
 
Given this missing witness, the prosecution is attempting to bring Anderson and his misdeeds into the courtroom by use of the testimony of several former MLB players. These players include former Yankee Randy Velarde, former Giant Marvin Bernard and the steroid twins themselves, Jason and Jeremy Giambi. All of these players told the jury that they knew that they were receiving steroids and/or human growth hormone from Greg Anderson. The players gave testimony that they heard Anderson refer to his products as the “Cream” and the “Clear” but, in truth, the former players knew they were steroids.

Bonds allegedly testified before a grand jury that he thought he was being given flax seed oil by Anderson (in the Cream and Clear) but he never knew they were steroids.

What the collective former players cannot say is that they ever saw Bonds take steroids. Nor can they give testimony that they knew Anderson was providing steroids to Bonds. The evidence provided by these former players is nothing more than classic “guilt by association.”

Whether a mountain of guilt by association evidence can equal Bonds’ guilt beyond a reasonable doubt remains an open question.

 

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Jalen Rose Continues to Make News, This Time With A DUI

Posted on March 30, 2011 by Antonio Irizarry

By Mitchell Ayes

The Fab Five phenom, thirteen year NBA veteran, and current ESPN basketball analyst remains in the news this week. Weeks following his infamous “Uncle Tom” comment when discussing Duke basketball players in the ESPN documentary on the Fab Five, Rose is again in the news, this time for receiving a citation for drunken driving when he was involved in a single vehicle automobile accident. According to a police report, Rose’s car went off an icy road in the Detroit area on March 11, 2011 at 2:00 a.m., and he voluntarily submitted to a blood alcohol test because he was confident it was safe for him to drive. Police said that Rose refused to take a breathalyzer test and was taken to a hospital for a blood alcohol test, however, the results were not disclosed. Like all professional athletes these days who have run ins with the law, Rose accepted full responsibly, apologized for disappointing people who trust him to serve as a role model for young people, and looked forward to a resolution of his legal matter. It’s doubtful that any more legal actions will be commenced against Rose or he will receive any jail time, however, we will find out more at his April 20, 2011 court appearance. 

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Aqib Talib Arrested for Aggravated Assault with a Deadly Weapon

Posted on March 30, 2011 by Antonio Irizarry


By Mitchell Ayes

Tampa Bay Buccaneers cornerback Aqib Talib turned himself in to police in Garland, Texas on March 30, 2011, and was released after posting a $25,000 bond. Talib turned himself in after arrest warrants were issued for aggravated assault with a deadly weapon for himself and his mother, Okolo Talib. Talib was charged with a second-degree felony which can carry a prison sentence of two to twenty years while his mother was charged with possession of a firearm. The arrests stem from an incident in which Garland police believe that Talib and his mother shot at Talib’s sister’s boyfriend on March 21, 2011. According to police, the man was not injured. This incident was not Talib’s first run in with the law as he was involved in an altercation with a cab driver in 2009 which resulted in a one game suspension last season. As a result of the altercation, Talib was entered into a pretrial diversion program and ordered to attend anger management classes. Talib, the Buccaneers first-round selection in 2008, after a three year career at the University of Kansas, now leaves his football fate in the hands of Commissioner Goodell. While the NFL has locked out its players, they are still subject to the league’s personal conduct policy and disciplinary action may be taken after the lockout is resolved. Talib will need to look closely at the Plaxico Burress situation and what actions Commissioner Goodell takes with him after he is released from jail this June on his gun possession charge, as he may await the same fate. 

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Barry Bonds Trial Update: Can the Prosecution Force Him to Take The Witness Stand?

Posted on March 28, 2011 by Chris Fusco

At this point in the Barry Bonds trial, it is critical to understand the prosecution goals. First and foremost, the government is trying to show the jury proof of the slugger’s guilt, beyond a reasonable doubt, through its witnesses and evidence. But second, the prosecution is using the testimony of his former girlfriend (and others) in a attempt to lure Bonds onto the witness stand.

Today, Bonds had to listen to embarrassing testimony from his former mistress, Kimberly Bell, as she told the jury that because of his steroids use his testicles shrunk, he was impotent and had back acne. In its case, the prosecution will try to elicit as much painfully mortifying testimony as possible to eat away at Bonds.

If Bonds believes that besides the embarrassment Bell’s testimony, she has the “ring of truth” then he may be enticed onto the witness stand. Even after a bruising cross-exam of the government’s witnesses, Bonds may believe that he will risk a conviction unless he looks the jury in the collective eye and denies the charges against him.

Remember the last time Bonds took an oath and testified, it was a disaster and the source of the charges he is facing now. The prosecutors must be salivating at an opportunity to have a shot at Bonds himself, on the witness stand under oath, to be cross-examined about the radical changes to his body and to explain to the jury why his trainer is in jail. 

 

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Barry Bonds Trial Update: Steve Hoskins Testimony

Posted on March 27, 2011 by Matthew Stockwell
On Wednesday, Bonds’ childhood friend Steve Hoskins testified that he observed Bonds and trainer Greg Anderson emerge from a bedroom, with Anderson carrying needles and a syringe. Hoskins also testified about a conversation he recorded between himself and Anderson in 2002, and informed the jurors that Bonds asked him to research performance enhancing drugs. Defense counsel grilled Hoskins, and effectively elicited testimony that Hoskins had been charged with forgery and stealing money from Bonds, suggesting that Hoskins’ testimony is payback. Additionally, the jurors heard that Hoskins had paid $10,000 in legal fees for Bonds’ ex-girlfriend, Kimberly Bell, who will also testify against Bonds.
 
Reportedly, Hoskins performed awfully on the stand, and gave inconsistent testimony. As bad as he may have looked however, the jurors heard the telephone conversation with Anderson, in which the words “steroids” and “human growth hormone” were repeatedly used. The jurors were also given a transcript of the conversation, and apparently were taking copious notes. Jurors typically do not take notes unless the evidence is extremely important. The most damaging statement was Anderson stating, “[e]verything I’ve been doing, at this point, it’s all undetectable,” and even referred to Marion Jones, the Olympic runner who admitted to taking performance enhancing drugs. 
 
On Thursday, Larry Bowers, director at the US Anti Doping Agency, gave expert testimony before the jurors. Bowers explained that shrinking testicles, hand, foot and head growth, and other symptoms allegedly exhibited by Bonds are side effects of steroid and human growth hormone use. Bowers’ testimony is to lay the foundation for the eventual testimony of Bell. Bell is expected to testify that Bonds experienced testicle shrinkage, back acne and other physical attributes associated with steroids. Bowers provides the expert testimony necessary to link Bonds’ symptoms with steroid use. On cross examination, defense counsel questioned Bowers on the dearth of scientific studies performed on the issue, and effectively established that one of the steroids Bonds took, the “clear,” was not detected by anti-doping agencies until after Bonds testified before the grand jury.
 
The government needs to do more than show Bonds took steroids; it must be proven beyond a reasonable doubt that Bonds lied when he told a grand jury that he took substances given to him by Anderson, but that he did so without knowing the substances were performance enhancing drugs. The potentially damaging evidence so far is the recorded conversation and that Bonds asked Hoskins to research performance enhancing drugs, and even that is circumstantial. However the government may be able to utilize a substantial amount of circumstantial evidence to convince the jurors that Bonds had to know what Anderson was putting in his body. Kimberly Bell’s testimony next week will be important. Former Giants trainer Stan Conte and Kathy Hoskins (Steve Hoskins’ wife) are also expected to take the stand.
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Sterling Mets Counter with Motion to Dismiss

Posted on March 25, 2011 by Matthew Stockwell
 
By now, mostly everyone is aware that Irvin Picard has been appointed Trustee to oversee recovery of funds from the Madoff fraud for Madoff’s victims, and that Picard is targeting Fred Wilpon, owner of the Mets, his partner Saul Katz and several Sterling entities (collectively referred to as “Sterling”). Picard has had the benefit of pre-suit discovery, in that he was permitted to obtain extensive documents and deposition testimony before litigating. Picard took discovery from numerous third parties, including Sterling’s banks, Sterling Stamos Partners, Merrill Lynch, Bank of America, and possibly other financial institutions. The Bankruptcy Court rules do not require Picard to disclose the evidence at this stage of the proceeding, leaving Sterling at a major disadvantage. Picard’s strategy apparently was to scare Sterling into settling at mediation with former Governor Cuomo. Settlement has not been reached, and last week, Picard amended his Complaint against Sterling to include additional factual allegations indicating Sterling knew or should have known of Madoff’s fraudulent activities.

Sterling, in turn, filed a motion for summary judgment, seeking dismissal of the Amended Complaint, based primarily upon deposition transcripts that Picard refused to provide to Sterling. The motion begins by arguing that the “crux” of Picard’s Complaint is that Sterling was repeatedly warned by Peter Stamos of Sterling Stamos Partners that Madoff was a fraud. Based upon those warnings, Picard claims Sterling knew or should have known that its withdrawals were the product of Madoff’s Ponzi scheme. Sterling’s attorneys, however, cite to deposition testimony given by Stamos (which Sterling’s attorneys obtained from Stamos’ attorney) that he described Madoff to Saul Katz as “the most honest and honorable man,” and that he is “perhaps one of the best hedge fund managers in modern times.” Although Stamos did recommend that Sterling not invest more than 10% in one manager, he testified that this was simply a recommendation for purposes of diversification and competition with Madoff.

Continue Reading...
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New York Mets Lawsuit; Ellen Massey Will Have Her Day in Court

Posted on March 22, 2011 by Matthew Stockwell
 
Ellen Massey sued the Mets and others arising out of an incident that occurred at the 2007 home opener between the Mets and Phillies. Massey was severely injured when another fan, Timothy Cassidy, fell on top of her, breaking her back, although Cassidy says he was pushed. Massey claims that the Mets were negligent in failing to maintain control of an unruly crowd, and for serving an already-intoxicated Cassidy. 
 
At his deposition, Cassidy admitted to consuming three beers, but denies that he was intoxicated. His friend, who is also a police officer, testified Cassidy may have had four or five beers but also denied he was intoxicated. Cassidy testified that he got into a verbal "back and forth" with Metzger, who then pushed Cassidy, causing him to fall on Massey. Others, however, testified Cassidy was slurring his speech and otherwise appeared intoxicated.
 
The Mets filed a summary judgment motion, asking the court to dismiss the case before trial. The Mets claimed that the incident was a random act that could not have been prevented. Judge Gische, noting that the Mets had a legal duty to undertake reasonable security measures, held that a jury could believe the testimony of some of the witnesses that Cassidy had been loud and vulgar, and attempting to pick fights. As a result, security could have removed Cassidy based upon his visible intoxication and/or aggressive behavior. Judge Gische also stated that the Mets have a policy that drunk and/or disorderly persons are to be denied admission to the stadium. A motion filed by Harry M. Stevens (the company that sells beer) was also denied, as it failed to meet a required threshold showing that it did not serve an alleged visibly intoxicated Cassidy.
 
This does not mean that the Mets are liable for the incident - rather, the Court simply ruled that a jury should decide the case, because a Judge cannot resolve factual disputes. Nevertheless, this case will probably settle before trial. How will jurors feel about compensating Ms. Massey for her broken back, when the Mets are paying Oliver Perez and Luis Castillo $18 million to do nothing this year? A copy of Judge Gische's decision can be seen here. 
 

 

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NCAA Football Blotter; Notre Dame, Washington, and a Top Recruit

Posted on March 22, 2011 by Matthew Stockwell
 
Yet another college football arrest, as Notre Dame suspended star Wide Receiver Michael Floyd following charges of driving while intoxicated. Floyd's blood alcohol level was reportedly twice the legal limit. This is Floyd's third alcohol related incident since 2009.

At approximately 3:18 a.m., Floyd ran a stop sign near the University. After he was pulled over, he failed field sobriety tests, which then allowed the police to conduct a breathalyzer test. Floyd blew a .19, well above Indiana's legal limit of .08. 

Also, Washington dismissed Wide Receiver Jordan Polk. It is not exactly clear why, but Polk was just charged with a domestic violence crime as a result of property damage caused to his ex-girlfriend's home. Polk was reportedly jealous that she was spending her 21st birthday with her new boyfriend. Polk is charged with a misdemeanor, and Coach Steve Sarkisian denied that Polk's dismissal was entirely related to the incident, stating that the decision was made a few weeks ago, and that Polk "needs a fresh start."

And finally, a Texas high school linebacker being recruited by Texas Tech, Alabama, USC, Oklahoma and Ohio State, was arrested for alleged sexual assault of a minor. Derek David was accused of forcing a 16 year old girl into his aunt's house and allegedly had sex with her against her will.

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As the Barry Bonds Trial Begins, A Threshold Question Remains

Posted on March 21, 2011 by Chris Fusco
After years of delays and appeals, Barry Bonds’ criminal trial for allegedly lying to a federal grand jury will begin on Monday.
 
Now, it may take some serious time to get a jury picked in the case. How many people in the Bay Area have not formed an opinion of Bonds and his alleged steroid use? Maybe the court can find 12 A’s fans who don’t read the news?

Anyway, the threshold question for the Bonds trial is whether 52 equals 1?

We know, once again, that Bonds’ trainer and presumed steroids mastermind, Greg Anderson, will not testify for the prosecution and will remain in jail. Without the benefit of Anderson’s critical testimony, the prosecution may call 52 other witnesses to fill in the blanks. The government will call former players, Bonds’ personal assistant and even his old girl friend to present mostly circumstantial evidence of his guilt.

While the amount of evidence from multiple sources can be compelling, the prosecutors will be left to wonder how strong their case would have been if they had the one person who could testify that he gave Bonds steroids, Bonds knew what he was taking, and he lied to a grand jury about it. That testimony and that testimony alone, would be sufficient proof beyond a reasonable doubt to gain a conviction of the home run champ.

 
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Sonny Vaccaro, Ed O'Bannon, and the NCAA's Attempt to Deflect

Posted on March 20, 2011 by Antonio Irizarry

Last week, the New York Times released an article on Sonny Vaccaro's role as an adviser to the plaintiff's in the Ed O'Bannon case. Vaccaro's knowledge and experience could play a major factor into this case.  The man that signed Michael Jordan to his first shoe contract and worked for all three major companies (Nike, Adidas, and Reebok) has jumped ship and is looking to take down the NCAA. 

All of this comes during the NCAA's most popular time.  March Madness is in full effect and the NCAA is reeling from the continuous buzz about the profits the schools are making off of the players. With more and more former student athletes telling their stories about why they took money while they were in school and questioning why they are not compensated for the profits the schools are making from their performances;  the buzz has grown loud enough to force action by the NCAA. 

As the plaintiff's in the Ed O'Bannon case ramp up for their unprecedented case against the NCAA, the NCAA has gone ahead and released a commercial that has been airing during the NCAA National Championship Tournament.  The ad is based on the slogan "We Put Our Money Where Our Mission Is".  It is clearly a public attempt to explain exactly where the money goes that is being generated by these sports teams.  Is it enough to calm the buzz surrounding the recent questions being asked about the profits?  Or is it a sign that the NCAA is getting nervous about the growing criticism and questioning it is being faced with?  Only time will tell.  One thing is for sure, this case has gained enough momentum to severely impact the future for all student athletes.

 

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NBA Referee Accused of Fixing Game, Sues Writer for Defamation

Posted on March 20, 2011 by Matthew Stockwell

In a January 24 game between the Houston Rockets and Minnesota Timberwolves, NBA referee Bill Spooner made what Timberwolves coach Kurt Rambis thought was a bad call. Rambis asked Spooner how he would make up for the bad call, and according to AP writer Jon Krawczynski, Spooner told Rambis he'd "get it back." Spooner then made a bad call against the Rockets. Krawczynski "tweeted" the following: "Ref Bill Spooner told Rambis he'd 'get it back' after a bad call. Then he made an even worse call on Rockets. That's NBA officiating folks."

Spooner has sued Krawczynski, demanding a retraction of the "tweet" as well as monetary damages for the hit to Spooner's reputation. Spooner likens the "tweet" to a false allegation of game fixing.

In Minnesota, similar to many other states, a defamation plaintiff must prove that the defendant communicated a false statement to a third person, which harmed the plaintiff's reputation and esteem in the community. Here, a statement was clearly communicated via Twitter. Truth is an absolute defense to a defamation claim. Rambis, therefore, is the critical witness in this case. He will be deposed, and must testify under oath whether Spooner made the statement as "tweeted" by Krawczynski. If he denies that Spooner made the statement, Krawczynski will be in a tough spot. Krawczynski, sitting court side near the scorer's table, apparently overheard Spooner's comments to Rambis. If so, there should be others that can testify whether they also heard the statement.

Remember though, the burden of proof is on Spooner to show that the "tweet" was false. This case also serves as a reminder that Twitter is dangerous (ask Gilbert Gottfried), due to the quick and easy manner in which one's thoughts can be communicated to the public. 

 

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Declan Sullivan Deserves Justice from Notre Dame

Posted on March 16, 2011 by Chris Fusco
 
After its investigation into the accident that cost Declan Sullivan his life, the Indiana OSHA agency found that: "Notre Dame did not establish and maintain conditions of work that were reasonably safe for its employees ... by directing an untrained student videographer to use the scissor lift during a period of time when the National Weather Service had issued an active wind advisory ... the University knowingly exposed its employees [Declan] to unsafe conditions."

OSHA fined Notre Dame $77,500 for this safety violation.

There are 3 important things to take from this OSHA finding. First, the size of the OSHA fine is consistent with the most serious or "willful" type of OSHA violation (that's bad). Second, the majority of states will allow proof of an OSHA violation as least some proof of negligence (or Sullivan's family could hire their own expert to say the same thing). Last, Notre Dame is virtually defenseless in the case and must make its peace with Declan's family to serve justice and to seek a measure of forgiveness.

 

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The NFL Lockout: Decertification, Antitrust and Labor Water Cooler Talk

Posted on March 13, 2011 by Chris Fusco
 
Sports in the Courts Blog is designed to provide crystallized information to non-lawyers (and some lawyers too) in easy to digest posts. Now that the NFL and the Players' Union has handed off their negotiations to the court system, it time to clear up some the legal terms being thrown around with little explaination.
 
DECERTIFICATION: is the process of dissolving a union by vote of its workers (or players in this case). The true purpose is union decertification with the National Labor Relations Board (NLRB) is to allow the players to file a class action lawsuit againt the owners, in federal court, to drag the NFL into court. The reason the players had to decertify their union before the collective bargaining agreement (CBA) expired was because if they allowed the CBA to simply terminate, the CBA states that decertification must wait for 6 months after the agreement expires. 
 
The NFL has filed a challenge with the NLRB claiming the decertification is a "sham" by the players for the purposes of filing a lawsuit (and abandoning the negotiations). The owners states that this is an unfair labor practice on the part of the players.
 
ANTITRUST: the players, including Peyton Manning and Tom Brady have sued the NFL for antitrust violations. This the players claim that the NFL's salary cap is an illegal price-fixing scheme and that the court should strike it down and award the players damages. The NFL, unlike the MLB (protected by law), can be sued by individual players in federal court as long as the union is decertified. In their lawsuit, the players will seek for the court to issue an injunction preventing the owners from locking them out of their workplace.
 
It is critical to note that the presence of a lawsuit, unlike labor negotiations, gives the players the right to conduct discovery and issue subpoenas. This power is the fuse to another huge battle coming in short order. You can bet that the players' lawyers are about to demand all of the owners audited financial statements. The NFL will fight that demand to the death.
 
We will be following this major story and continue to provide updates for our readers.

 

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Michigan State and Auburn Football Players Arrested

Posted on March 13, 2011 by Matthew Stockwell
 
Michigan State football players Brian Linthicum and Max Bullough were arrested on spring break last Thursday in Aspen Colorado following a bar fight.  Linthicum was charged with misdemeanor assault and eluding a police officer. Bullough was also charged with eluding, as well as underage possession of alcohol. It was reported that the police had to use a stun gun to subdue Linthicum. 
 
On a more serious note, four Auburn players - Antonio Goodwin, Kowaski Kitchens, Michael McNeil and Harrison Mosley - were arrested for armed robbery.  According to the victims, three males, one with a handgun, entered their residence and stole items. The suspect vehicle was located, leading to the arrest of the four players allegedly involved. A pistol and the stolen items were recovered from the vehicle. The four Auburn players were dismissed from the team. 
 
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Bruins', Chara Hit Leads to Investigation by Montreal Police

Posted on March 11, 2011 by Matthew Stockwell

 

 
Montreal police have apparently received voluminous calls concerning the Zdeno Chara hit on Montreal player Max Pacioretty, demanding that the police issue charges. This incident has transcended hockey, with both public and political figures demanding action. Even Air Canada has threatened to withdraw its NHL sponsorship if the NHL does not take action against hits causing head injuries.  Montreal police have just announced they will immediately commence an investigation into the incident as to whether criminal charges should be filed against Chara.
 
This is surprising, because it will be extremely difficult to prove that Chara intended to injure Pacioretty. The footage of the hit is not enough evidence (aside from the fact that Pacioretty’s head struck the partition, it seems no different than a typical hockey hit), and Chara obviously denied that the hit was intentional. The police will speak with Bruins players and coaches to determine if anyone has any knowledge as to whether Chara intended to hit Pacioretty as retribution (please link retribution to my last post), although intent to hit a player as retribution is different from intending to seriously injure.

Most likely, the police have announced the investigation to appease the numerous fans and hockey-crazy citizens of Quebec. Expect the police to later announce that they have completed the investigation, and will not pursue criminal charges against Chara due to lack of evidence.

 

 

 

 

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Detroit Tiger's Cabrera's Threats Extend Beyond Arresting Officers

Posted on March 10, 2011 by Antonio Irizarry

 

As the details from Miguel Cabrera's DUI arrest become available, it is more and more evident that the Tiger's first basement will be lucky if he gets away with a slap on the wrist. Originally, reports that Cabrera took a swig from his bottle of alcohol while taking a sobriety test in front of officers was enough to top the headlines.  Unfortunately for Cabrera, his drunken night just keeps getting worse.  

According to reports, Cabrera had an incident earlier that evening at a local steak house.  The manager of the steakhouse, Fletcher Nail, submitted a sworn statement to police stating he attempted to escort Cabrera from the closed restaurant and was then threatened.  In the statement, Nail claims Cabrera not only threatened to kill him, but also informed the entire restaurant that he would "..... kill all of you and blow this place up."

Cabrera is lucky no one recognized him.  Aside from possibly provoking the superstar into doing even more, it is surprising no one caught Cabrera (on a cell phone or camera) in the act of threatening the restaurant to help build the case against him.  The police cruiser video was enough footage to make Cabrera's defense an uphill battle.

Now that it's public knowledge Cabrera is the culprit, you may start seeing some cases against Cabrera coming out of the wood-works.  It will be a stretch, but there is potential for civil suits from restaurant patrons claiming intentional infliction of emotional distress against the ideal, millionaire, target-defendant Cabrera.  Incidents like these are the exact type that players associations and league executives stress avoiding every year in spring training, and this isn't Cabrera's first incident.  Aside from all the legal repercussions Cabrera may face, he is lucky his threats didn't come true, and he didn't kill himself or anyone else when he got behind the wheel.

Just to top all of that, Cabrera also told officers to shoot him.  It is beyond clear that Cabrera's first stint in rehab was not enough and he needs additional help.  And even though it may be the right thing to do on the part of the Tiger's by supporting Cabrera, a lack of suspension by either the team or the league leaves you scratching your head.

 

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What do the NFL and NFLPA Really Want?

Posted on March 10, 2011 by Chris Fusco

 

Its getting close again to another lockout deadline. At midnight on Friday, the extended Collective Bargaining Agreement expires and if that happens the NFL goes back to square one.
 
After all these weeks, the question remains whether the NFL and its players want to settle or not? It is clear they will need more time to hammer out an agreement but that can happen in time.
 
Every once in a while, in protracted labor negotiations, a client has to be honest about what he (or they in case) really want. Do the players and owners want a lockout? Do they want to go to the wall? Do they want expensive litigation? The owners have just lost a big round in the court and lost (pending appeal) their $4 billion slush fund.
 
If there is no extension and a lockout, you would have to assume this standoff could drag on until August and until the NFL is on the brink of a lost season. That situation will cause a financial disaster for some of players and maybe even some of the owners. Also a long and protracted lockout will only serve to hurt fan enthusiasm for the league that can make as much money as it wants.


Is a $9 billion pie enough to find peace for the players and owners. We may know by midnight on Friday.

 

 

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Post 2: Channelsurfing.net Lawsuit May Go Beyond Brian McCarthy

Posted on March 10, 2011 by Antonio Irizarry

 

Earlier this week, we covered a story on channelsurfing.net's founder Brian McCarthy being arrested for streaming sporting events including WWE, UFC, NFL, and NBA events.  Originally, it was thought that McCarthy would be convicted of "copyright infringement" and "theft of intellectual property", but after reviewing the complaint, it appears that the main allegations are McCarthy's "linking" to websites containing copyrighted materials.  

Demandprogress.org makes an interesting point that this would incriminate anyone who ever sent a link to a copyrighted YouTube video.  An interesting point, that could change the way people go about their daily email habits.  Is the government going to go ahead a prosecute each and every person who puts up a link to a copyrighted YouTube video?  Let's hope not.

Law is something that is supposed to change with time and adapt to changes in society.  Obviously, the Internet and new technologies are uncharted territories for certain laws, and the government needs to be sensitive to how it handles each of these instances.  It is clear that profiting from the distribution and streaming of sporting events over the Internet should be strictly monitored and controlled, but could the broad allegations and repercussions of a lawsuit stemming from this matter affect more than just those trying to profit off of these sites? 

 

 

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Why Was Bruin's Chara Not Disciplined for Devastating Hockey Injury?

Posted on March 9, 2011 by Matthew Stockwell
 
Bruins defenseman Zdeno Chara "checked" Canadien Max Pacioretty into a glass partition on Tuesday, leaving Pacioretty with a non-displaced fractured vertebrae and a severe concussion. Pacioretty was chasing a puck along the boards when Chara, who was skating in the same direction, pushed him into the boards. Pacioretty's head struck a glass partition that separates the team benches. Pacioretty had already moved the puck forward, and Chara therefore improperly hit the Canadien. Pacioretty did not move for several minutes, and had to be carried off the ice in a stretcher.
 
Chara received a 5 minute major penalty for interference and a game misconduct (suspended for the remainder of the game). Although interference (impeding the progress of another player who is not in possession of the puck) is normally a 2 minute minor penalty, a referee may assess a major penalty based upon the "degree of violence." 
 
It is difficult to determine from the video whether Chara intended to injure Pacioretty, although Chara is not known as a dirty player. The NHL determined that there was no intent to injure, and will not discipline Chara. Some have criticized the NHL, noting that there was a history between the two players. Earlier in the year, Chara thought Pacioretty excessively celebrated a game winning goal, and threw punches at him. Chara and Pacioretty were also involved in a fight in a February game. However, fighting and bad blood is a part of hockey, and this incident appears to be more of an improper hit in an unfortunate location. Had the partition glass not been there, Pacioretty would not have suffered the injuries he did. 
 
In most states, athletes assume the risk that they will be injured in competitions, as long as the injury results from ordinary risks that are inherent in the sport. Where the injury results from unique conditions not normally associated with the sport however, participants can be held liable both in civil and criminal forums (see Todd Bertuzzi)
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Roger Clemens Claims He Has Been Overcharged ... and He's Probably Right

Posted on March 9, 2011 by Chris Fusco

In the latest round of court filings, former Red Sox and Yankees Roger Clemens (through his attorneys) protested to the judge that the prosecution had thrown the “kitchen sink” of charges against him. As a former prosecutor, I can say he may have a legitimate grip but that’s the way the criminal process works.

As a prosecutor, you want to indict (or charge) a criminal defendant with as many charges as possible (and that can survive a motion to dismiss). For example, if you have a homicide case that involved a robbery, you would charge murder, felony murder, manslaughter, robbery, grand larceny (if appropriate) and criminal possession of a weapon.

For the prosecution the use of “overcharging” provides useful factors. Remember the prosecution has the burden of proof against a criminal defendant, like Clemens. A multitude of charges will allow a prosecutor to control two important options. First, if a trial or prosecution is going badly, the more serious charges can be dismissed and a plea bargain can be offered to lesser charges. The second is one of simple odds, the more charges submitted to a jury to determine, the higher the chance that they will return a verdict of guilty.

Those are the reasons why the Rocket got the kitchen sink.

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Sports Agent Steals from Angels' Morales

Posted on March 9, 2011 by Antonio Irizarry

Kendry Morales's former agent Rodney Fernandez was arrested Monday and charged with grand theft for stealing more than $305,000.00 from Morales.  Fernandez worked for Hendricks Sports Management between 2008 and 2009.  According to reports, in 2009, Morales had the money withdrawn from his account by Fernandez without his permission.  Fernandez has stated the withdrawal was approved by his agency, Hendricks Sports Management, specifically by Alan and Randy Hendricks.  If so, this could be a major lawsuit against both Fernandez and the Hendricks Sports Management agency.  

On a side note, this won't be the first time the Hendrick's brothers will be in the legal spotlight.  Their most notable client is Roger Clemens.

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Lebron James May Be in for Another Loss, This Time in the Court

Posted on March 9, 2011 by Matthew Stockwell

 
LeBron James was sued on Monday by an Atlanta nightclub for failing to take his talents there. Opera Nightclub filed a complaint in a Georgia court against James and his agent, "Awesomlife," contending that it was promised James would make an appearance at the club on March 17, 2011. Awesomlife accepted a $12,500 deposit from Opera, and returned the agreement to the club, although Awesomlife did not sign the agreement. However, in February, Awesomlife informed Opera that James did not want to make the appearance. Shortly thereafter, Opera requested a meeting, at which time Awesomlife requested an additional $6,000, and yet another $3,000 to ensure that James would not appear at a competing nightclub, Gold Room. 
 
On March 4, 2011, Awesomlife advised Opera that James was going to appear at the Gold Roominstead, and offered a refund of the deposits. Opera declined the refund, and filed suit, contending that it expended considerable funds in planning and marketing the event. Surprisingly, the complaint also seeks a temporary restraining order, prohibiting James from appearing at any other nightclub in the Atlanta area. This is a unique claim that is based upon a Georgia statute permitting an injunction for breach of a contract for personal services, where the services are of a peculiar nature and cannot be performed by others.

 

A copy of the complaint can be seen here courtesy of Courthouse News Service.

 

 

 

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Judge Deals Blow to Bonds Defense Team

Posted on March 9, 2011 by Matthew Stockwell

As the case proceeds toward trial, Bonds' lawyers filed a motion to exclude other athletes from testifying, including Jason Giambi, Jeremy Giambi, Bobby Estallela, and Benito Santiago. These players are expected to testify that Greg Anderson provided them with performance enhancing drugs, along with instructions, and monitored the players' use of the drugs. The Government intends to introduce this evidence to show that these players knew Anderson was providing them with steroids, which implies that Bonds also knew, as he was an Anderson client as well. Bonds, on the other hand, claims that the evidence will impermissibly create the inference that, since Anderson had a propensity to provide athletes with steroids, he must have done so with Bonds. That is not the issue here, as Bonds already admitted he consumed items given to him by Anderson. However, the real issue in this trial is whether Bonds lied when he testified he had no knowledge that the items contained steroids. 

Judge Llston ruled in the Government's favor, finding the evidence relevant and not overly prejudicial to Bonds. Clearly still irked at Anderson's continued refusal to testify and willingness to remain in jail, the Judge specifically mentioned that Anderson's absence will preclude the jury from hearing direct evidence as to what substances Anderson provided to Bonds, what he told Bonds about the substances, and how they were distributed. To the extent the testimony could be considered prejudicial to Bonds, Judge Ilston will consider any "limiting instructions" proposed by Bonds, which are instructions given to the jurors, directing them to consider evidence for a specific purpose and for that purpose only. 

This has to be considered a serious problem for Bonds' defense. The jurors will hear testimony from several players (including players that were on the same team as Bonds) describing the drugs Anderson provided along with details as to how to use the drugs. It will be difficult for Bonds' team to convince the jurors that Bonds was a different case, and that he had no idea what he was putting in his body.

 

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Washington State's Klay Thompson Arrested for Marijuana Possession

Posted on March 7, 2011 by Matthew Stockwell

Klay Thompson, Washington State's leading scorer, was arrested Thursday night for allegedly being in possession of marijuana. Thompson, apparently celebrating a win over USC earlier that evening, was pulled over around 11pm for having a headlight out. The police officer reportedly smelled burned marijuana and obtained a search warrant, finding almost 2 grams of marijuana inside Thompson's vehicle. 

 
Thompson's father went after him in the press, stating, "He's supposed to be the leader of this team, and they depend on him, and he does something stupid like this. I told him, 'Doing something like this shows how irresponsible you are. There's no excuse for it.'"
 
Thompson is suspended for Saturday's game, and that will likely be the extent of his punishment with Washington State. Earlier this season, Guard Reggie Moore was suspended for only one game, after police found marijuana in his dorm room. In Washington, possession of less than 40 grams of marijuana is a misdemeanor.
 

 

 

 

 

 

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Middle Tennessee State University's Tina Stewart Stabbed to Death

Posted on March 4, 2011 by Antonio Irizarry

Another tragic death befell college athletics when Middle Tennessee State University’s Tina Stewart, a 21 year-old junior guard from Memphis, Tennessee, was stabbed to death on Wednesday night by her roommate Shanterrica Madden. Stewart was a key veteran on the Blue Raiders despite coming off the bench after starting in a career-high 14 games this season. Stewart’s untimely death came just as the Blue Raiders (23-6; 14-2) were preparing to defend their Sun Belt Conference Tournament title as the Eastern Conference’s top seed. The Blue Raiders play on Sunday and are trying to guarantee themselves a 14th trip to the NCAA tournament by winning the Conference title. On Thursday, after grieving the death of their fallen teammate, the Blue Raiders decided that they would play in the Conference Tournament and would seek to defend their title because according to senior guard Anne Marie Lanning, “We know Tina would want us to go out and play.” As for the criminal aspect of this matter, Shanterrica Madden, has been charged with first-degree murder and is being held without bond. Madden’s attorney, Joe Brandon, told The Associated Press that his client used Stewart’s own knife in self-defense during a fight, however, he did not say what the altercation was about. Mr. Brandon said, “Miss Stewart, who was an athlete, had Miss Madden down on the ground beating on her. Miss Madden has an abrasion above her left eye, looks like perhaps a fingernail. She has swelling to both of her eyes. And during the course of the fight, a knife belonging to Miss Stewart that was in Miss Stewart’s possession ended up getting used on Miss Stewart.” Murfreesboro police spokesman Kyle Evans wrote in an email to the AP that possible drug use inside the apartment is part of the overall investigation and police believe first-degree murder is the appropriate charge. Mr. Brandon said he will file a motion asking that bond be set for Madden. She is scheduled back in Rutherford County General Sessions Court on March 11. In Tennessee, the punishment for first degree murder could include a life in prison, life in prison without the possibility of parole, or the death penalty. 

 

Guest Blogger:  Mitchell Ayes

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Does the Brandon Davies Suspension from BYU Have Legal Ramifications

Posted on March 4, 2011 by Matthew Stockwell

As most have heard by now, BYU basketball star Brandon Davies has been suspended for the rest of the season for having sex with his girlfriend, a violation of BYU's "honor code," which prohibits, among other things, premarital sex. Questions have arisen whether BYU can legally do this, despite the fact that there is nothing unlawful at all about what Davies did.
 
Courts have consistently held that participation in interscholastic athletics is not a constitutionally protected fundamental right. Further, although a private university such as BYU is not governed by the due process requirements of the 5th and 14th Amendments, the NCAA will nevertheless ensure that a member University complies with minimum "due process" standards when penalizing student athletes. However, Brandon Davies has no recourse because BYU has an honor code that Davies agreed to abide by and later violated. 
 
Whether we agree with the honor code or not, BYU deserves credit for enforcing the code and not making an exception, particularly since Davies' suspension significantly harms BYU's chances in the upcoming NCAA tournament. At the time of the suspension, BYU was 3rd in the country and chasing the top seed.

 

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The NFL Talks are Extended, What Does it All Mean?

Posted on March 4, 2011 by Chris Fusco

Yesterday, we received that news that the NFL and the Players’ Union agreed to extend their Collective Bargain Agreement’s deadline until midnight tonight and to keep negotiating.

Immediately the pundits began to analyze what was the true meaning of this development? This must be good news, right? Or maybe, it’s just a short extension before an inevitable long lockout?

The truth is that only the people in the negotiating room know what this really means. However, it is fair to conclude that yesterday the parties agreed that there was enough reasons to keep talking. Unfortunately, that could change fairly quickly.

I think it’s fair to assume that if a new CBA is going to happen it may take a serious amount of time to hammer out all of the final details, this will require another (and much longer) extension of time to negotiate. It will also require that cooler heads continue to prevail.

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Brian McCarthy of Channelsurfing.net Arrested for Streaming UFC, NBA, NFL, and WWE Events

Posted on March 3, 2011 by Antonio Irizarry

With all the commotion going on over profit sharing, NFL Players and Owners, and a potential lockout, Brian McCarthy was arrested by agents for operating a website that pirated and streamed telecasts of various sporting events (including the NFL).  

Unlike the main players in the NFL negotiations, who are more interested in signing major deals with the giant television channels, UFC has gone ahead and waged a war on the pirating of their Pay Per View Events and online broadcasts of their rapidly growing sport.  As more and more of these sites pop up, it is easier for fans to follow their out of town team without paying, or watching a Pay Per View event without shelling out the $50.00 price tag.  The UFC has taken exception and is looking to strike back.

McCarthy, the owner of Channelsurfing.net since 2005 made over $90,000 in profits from online advertising he sold to online merchants.  Was the $90,000 worth potentially 5 years in prison?  McCarthy will face up to five years if convicted of "copyright infringement" and "theft of intellectual property".  The Southern District of New York's Complex Frauds Unit will be handling the case.

After the UFC reached settlements with various online companies that had been illegally broadcasting UFC events in mid 2010, they are now out to make a statement and McCarthy may be filling that role.  Current President of the UFC Dana White was quoted saying, "When people start going to jail, people will stop doing it".  I guess we will see if McCarthy will be the poster child for the streaming of sporting events online.

 

 

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The MLB's Most Recent Trend: DUI's

Posted on March 3, 2011 by Antonio Irizarry

First it was the headlines of Miguel Cabrera.  Now both Coco Crisp and Austin Kearns have followed in their own DUI arrests.  

Oakland Athletics' center fielder Crisp did not quite live up to the antics of Cabrera when taking his sobriety tests, but did manage to get a DUI after being pulled over for his failure to maintain a single lane in his Rolls Royce Phantom.  Crisp has already given an apology and has never been involved in off the field circumstances like this one.  

Cleveland Indian Austin Kearns was signed by the club this off-season, and was thought of as an instant veteran leader.  The Indians are going to have to reconsider their expectations.  Kearns, was arrested for the DUI in Kentucky on February 12, but didn't inform the team until it was published in the  Jessamine Journal on Monday.  

With the Major League Baseball season starting shortly, look for Bud Selig to make an example out of one of, if not all three of these athletes to make sure he doesn't have to face this the rest of the year.  

Baseball players tend to have enough trouble with vehicles with no alcohol involved (see Duaner Sanchez), they should steer clear of the DUI spotlight.

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Former Star MLB Prospect Elijah Dukes Arrested on Multiple Charges

Posted on March 3, 2011 by Antonio Irizarry

Former Tampa Bay Ray and Washington National Elijah Dukes was arrested after reportedly slapping his pregnant ex girlfriend.  Dukes' career never came together on the field, but has flourished in the courtroom.  Dukes was arrested Wednesday for aggravated battery on a pregnant woman, but also faces driving with a revoked license.  Dukes was also wanted on a contempt of court warrant for owing three women a combined $143,000 in child support and alimony.  Dukes has been arrested at least three times for battery and once for assault.

For a player who was once considered one of the top prospects in Major League Baseball, Dukes has had nothing but a host of run ins with the law, teammates, and the media.  Dukes, a.k.a. "Fly Eli", had turned to a career in rapping recently, and made headlines by admitting marijuana use prior to home games he played in for the Nationals.  He also claimed he was blackballed by baseball after accusing teammates of smuggling drugs onto the team's chartered flights and into the hotel rooms.  

Unless Dukes can resurrect his career like Josh Hamilton, this could be the end of the road.  He has done the anger management program and even hired a former police officer to serve as his "Special Assistant forPlayer Concerns", and he has gotten no where.  

Don't bank on Dukes appearing for the Newark Bears anytime soon.

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The Players' Union Sacks the NFL in a Major Court Decision

Posted on March 2, 2011 by Chris Fusco

In what must have been a big shock to the NFL, Federal Judge David Doty overruled a recommendation of a special master and found that NFL violated its collective bargaining agreement (“CBA”) with the NFLPA Union when it negotiated the league’s TV contract. Judge Doty found that instead of negotiating the most lucrative deal it could for the owners and players, the NFL got itself a $4 billion slush fund to protect itself from a lockout.

I am assuming the NFL’s lawyers (and the owners) are stunned (probably with red faces) by this decision. First, in the federal court system, it is unusual (to quite rare) for a judge not to follow the recommendation of a special master. A special master is appointed by the judge to handle discovery in a matter and make a decision recommendation for the court to “approve.”

In most cases, that’s exactly what happens. The special master makes a recommendation and the district judge goes with it. But something went wrong here for the NFL.

From his decision, Judge Doty recognized that if the owners had given themselves a $4 billion lockout insurance policy, they violated the CBA’s requirement to negotiate the most lucrative deal for all (including the players). To fulfill this requirement, the NFL should have handed over 60% (as per the CBA) of the $4 billion to the players for their portion of “lockout money.”

Now Judge Doty can affix a financial penalty against the NFL for violating the CBA in its TV deal. I wonder what it will be?

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