Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Eight Circuit Court of Appeals acted quickly in response to the NFL's appeal, granting it a temporary stay of Judge Nelson's order that granted the players an injunction.

The Eight Circuit has reinstated the lockout, until such time as it has had the opportunity to determine whether the NFL is entitled to a full stay pending its appeal. Confused? You're not alone. Let's back up.

Judge Nelson granted the players an injunction, which is temporary relief until the Court decides the players' claims on the merits. The NFL believes the players are not entitled to an injunction, and asked Judge Nelson to stay the injunction (meaning keep the status quo), and she refused. The NFL then appealed Judge Nelson's denial of its request for a stay to the Eighth Circuit, arguing among other things, that injunctions are not permitted in labor disputes. Although the Eighth Circuit is not ready to decide whether the NFL is entitled to a complete stay, it has issued a temporary stay, until it has the opportunity to determine whether the NFL is entitled to an actual stay.

We are far from a determination on the merits (which must first be performed by Judge Nelson), but the Eighth Circuit is expected to decide next week whether the NFL is entitled to a stay of the injunction, until the players' claims have been adjudicated. What does this mean? We will not find out for quite some time whether the players or the NFL are right, and that both sides must now work together to avoid compromising the 2011 NFL season.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Moments ago the NFL announced 2 important issues regarding the league’s bizarre labor situation. First, the NFL stated that it has begun the process of seeking appellate intervention (in the 8th Circuit Court of Appeals in St. Louis) to reverse the lower court’s decision prohibiting the lockout from continuing, and second, that the NFL was “open for business.”

Forget the merits of the NFL’s appeal of Judge Nelson’s decision, just play the odds for the moment. In federal legal practice, it is unusual for an appellate court to get involved in a case pending in a lower court until ALL the issues before the judge are decided. It is not been discussed much in the media but the players have filed breach of contract claims against the owners and these causes of action are a long way from being decided. Normally, the appellate court prefers to hear all the issues in a case once the litigation is fully concluded in the lower court. In short, federal appeals courts want one appeal of all the issues (by all the parties) instead of deciding issues on a rolling basis.

The NFL’s lawyers know this point of appellate practice. Their lawyers know that it is an uphill battle to get the appellate court even to hear the issues pertaining to the lockout at this point. If for some reason, the 8th Circuit does get involved, at this early stage in the litigation, I would take that action as a very positive sign for the owners.

But the reality is that the odds are against the owners (at this point), so they need to figure out how to run their league without a CBA and focus on what choices the NFL can make to enforce new work rules and conditions that are favorable to ownership since there is no Players’ Union anymore to protect the individual players.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Well, yes, if Judge Nelson's ruling is upheld.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Former Philadelphia Philly, Lenny Dykstra, who has become a regular on this blog lately, is now being investigated for exposing himself to a potential housekeeper. Dykstra placed an ad for a housekeeper on craiglist, and during the interview, allegedly took his clothes off and asked for a massage. 

Back in January, another housekeeper alleged that Dykstra forced her to perform oral sex, though no charges were ever brought, due to lack of evidence. In fairness to Dykstra, the timing of those allegations were suspect.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Let’s face it, due the McCourt’s divorce, business downturn, and disastrous run as the Dodger’s owner, he is broke. Once Selig got wind that McCourt was looking to take an unauthorized personal loan from Fox Sports to make the team’s payroll, Selig knew he could make his move against a weakened opponent.

There is no secret in the MLB that Selig dislikes McCourt and is a close friend of the Wilpon family. Selig knows that no potential owner wants any part of Dodgers with McCourt around and that the fans have been turned off by a dirty stadium with poor security (i.e. the Bryan Stow assault).

At least for now, the Mets situation is different. The Mets are activity looking to get a minority owner (with viable candidates) to infuse cash into the team and help pay down its deb. The Dodgers and McCourt, however, are just drifting away toward bankruptcy.

In time and based on the outcome of the Madoff lawsuit, Selig may have no choice but to remove the Wilpons from the Mets. But as long as the team pays back its loans and regains its financial footing, Selig will let the Mets’ ownership stay in place and fight for their financial life in court. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Miami Dolphins Wide Receiver Brandon Marshall was hospitalized on Friday, after being stabbed with a knife by his wife, Michi Nogami-Marshall. The Marshalls have a history of domestic issues, and this time, Mrs. Marshall claims that she stabbed Brandon in self defense.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Duke football player Tyree Glover was arrested on Tuesday after police found almost 30 grams of cocaine in his possession. Police then obtained a search warrant for his dorm room, where they found 72 grams of marijuana. Glover now faces serious charges of possession of controlled dangerous substances with intent to distribute, the cocaine being the more serious charge.

Glover was dismissed from the team after the arrest. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Just like with the Yankees in baseball and Notre Dame in football, the mere mention of the word “Duke” elicits either a love or hate reaction from most sports fans. However, back in 2006, when the news of the Duke lacrosse alleged rape first broke, it garnered national media attention, and at that point if you were neutral in your feelings towards Duke, you definitely formed an opinion. In my case, graduating from the University of Maryland, there was a preconceived hatred of Duke as soon as you stepped on campus. The Duke lacrosse case has been revisited in recent days, not for any legal action being taken against the lacrosse players but rather Crystal Mangum, the accuser in the alleged rape case, was indicted on murder charges. While prosecutors declined to press charges for the false accusations made by Ms. Mangum against the lacrosse players, she has still had her fair share of legal troubles since the night of the alleged rape. In fact, last year, Ms. Mangum was convicted on misdemeanor charges after setting a fire that nearly burnt down her home with her three children inside. Recently, Ms. Mangum was indicted on a charge of first-degree murder and two counts of larceny. She has been in jail since April 3, when police charged her with assault in the stabbing death of 46-year-old Reginald Daye, her boyfriend. Mr. Daye died after nearly two weeks at a hospital. In North Carolina, the penalty for first-degree murder is either death or life in prison without the possibility of parole, and larceny is broken up into different categories depending on the amount of property taken. Generally, larceny of goods valued at more than $1,000 is a Class H felony punishable by up to 4-8 months in prison for a first time offender. If the amount of goods in question is valued at less than $1,000, you are facing Class I misdemeanor charges which are punishable by up to 1 year in jail. Lastly, if the goods stolen are taken directly from someone, or are a firearm or explosive, the charge is a felony regardless of the value. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 

Cincinnati Reds pitcher Mike Leake, who is earning $425,000 this year, and was given a $2.27 million signing bonus in 2009, was arrested today for allegedly shoplifting 6 shirts worth a total of $59.88. Leak was charged with misdemeanor theft after surveillance videos reportedly caputured him removing the price tags from the shirts, and attempting to leave the store without paying. 

 

Leake was booked and released, and watched Monday's game from the dugout. If true, it obviously doesn't make sense, but remember Winona Ryder pled guilty to misdemeanor shoplifting in 2005. Leake will not offer an explanation at this time, due to the pending legal proceeding. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Update:  Federal prosecutors have announced that they have reached agreements with Full Tilt and Pokerstars. The government will restore these entities domain names so they can begin returning money to U.S. based poker players. To date, three people (Bradley Franzen, Chad Elie, and John Campos) have been arrested and all are free on bail.

The FBI has taken control of the domains for Pokerstars, Full Tilt Poker, and Absolute Poker, among other sites, in an effort to prevent U.S. players from logging into the sites as the U.S. Attorney’s Office in Manhattan has filed an indictment against the owners of these businesses along with the payment processing centers which clear the online transactions. The indictment charges eleven individuals with bank fraud, illegal gambling, and money laundering. The indictment stated, “[a]s charged, these defendants concocted an elaborate criminal fraud scheme, alternately tricking some U.S. banks and effectively bribing others to assure the continued flow of billions in illegal gambling profits.” The indictment also alleged that the defendants used fraudulent methods to trick financial institutions into receiving payments by arranging for the money received from U.S. gamblers to be disguised as payments to hundreds of non-existent online merchants purporting to sell merchandise such as jewelry and golf balls. The indictment charged the defendants with conspiracy to violate the Unlawful Internet Gambling Enforcement Act (UIGEA), by operating an illegal gambling business, conspiring to commit bank fraud, wire fraud, and money laundering. Maximum penalties from these charges range from five years in prison and a $250,000 fine to 30 years in prison and a $1,000,000 fine (or twice the gross gain or loss).

This is not the first time that the gambling sites have been under attack as throughout the past few years there have been numerous indictments of payment processors in the United States who were handling the financial transactions of the online poker sites. As processors continued to be targeted and shut down by federal prosecutors, the indictment alleges that the sites “purchased the principals of a few small, local banks” that were facing tough financial times “in return for multi-million dollar investments in the banks.” As of Friday morning, Chad Elie and John Campos, both involved with payment processing centers, had been arrested and the U.S. Attorney’s Office was working with Interpol to arrest the remaining nine individuals who are located abroad.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In what is hopefully only a temporary setback, the Contra Costa Times is reporting that Bryan Stow was put back in a medically induced coma on Saturday, after suffering seizures.  The family's website posted an update on Sunday, stating that Bryan remains under heavy sedation, although x-rays of his neck were good.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Lenny Dykstra, the man they used to call "Nails," was arrested on Thursday for allegedly attempting to purchase a motor vehicle through fraudulent means. Details on that transaction are not currently available. However, while in jail, Dykstra was charged by federal authorities with bankruptcy fraud. Dykstra, who has a host of legal and financial problems, filed for bankruptcy in 2009, claiming he has approximately $30 million in debt. Once you file for bankruptcy, you are not permitted to sell assets that could be used to repay creditors. Dykstra allegedly sold sports memorabilia and fixtures from his mansion, and hid and destroyed other assets at an approximate value of $400,000.
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Dwight Gooden, who at one time was one of the most promising young pitchers in baseball history, was sentenced to 5 years probation in Bergen County NJ Superior Court on a child endangerment charge. Gooden, who before the incident seemed to have put his past troubles behind him and even opened a baseball academy, was arrested in March of 2010 following a motor vehicle accident. Gooden was allegedly under the influence of cocaine at the time of the accident, and had his 5 year old child in the car, who was not wearing a seatbelt. Fortunately, nobody was injured. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Tennessee Titans Wide Receiver (and former Rutgers star) Kenny Britt was arrested Tuesday in Bayonne, New Jersey, on charges of eluding a police officer, hindering apprehension and obstructing a governmental function. Britt was driving 71 MPH in a 50 MPH zone. Instead of pulling over and receiving a $200 ticket, Britt allegedly decided it would be a good idea to drive away from the police officer, and now faces criminal charges. Britt was found walking away from the car, and lied to the police officer about being the driver. Some outlets have reported that there may have been a drug charge as well.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The website, created by Brian Stow's family and friends, provides status updates on his condition, which unfortunately remains critical. Doctors were keeping Stow sedated, to prevent seizures and brain swelling. Since he has apparently been seizure free for a few days, the doctors will slowly lower his sedation, and hopefully he will be able to respond to commands shortly.

In the meantime, the Dodgers cancelled the promotion offering half-priced alcoholic drinks during various games.  On Thursday at 4 p.m., the Dodgers will hold a news conference, to discuss all of the additional security measure that have been implemented following the attack upon Stow, including the hiring of former LA Police Chief William Bratton.

There have been some comments to our prior posts as to how so many people could watch this beating and not assist Stow. It is not known how long the incident lasted. It could have been a matter of seconds, and not enough time for anyone to really react. Also, the bystander effect could be a reason. There is a belief among psychologists that the larger the number of persons watching an incident unfold, the less likely they are to intervene. See Kitty Genovese murder. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I have spent countless hours trying to figure out what issues deliberating jurors are focused on or maybe stuck on by their notes to the trial judge. Sometimes I have been right and sometimes I have been shocked. The truth is trying to determine what 12 people in a small room are thinking about and discussing is really a fool's errand. So once, again, here I go.

On Friday, the jury asked for a read-back of the testimony of prosecution witness, Kathy Hoskins (Bonds' personal shopper) on the issue of whether she saw Greg Anderson inject Bonds in the belly button with a PED. Kathy Hoskins is the sister of another prosecution witness and former Bonds friend, Steve Hoskins, By most accounts, Steve Hoskins got pretty beat up on cross-exam and may have shown a bias against Bonds and a desire to make money off this case.

While its a guess, you have to wonder if the jury may believe Kathy Hoskins and not her brother. If that is the case, Kathy's testimony combined with the other prosecution evidence is enough evidence to obtain a conviction of Bonds.

But, then again, only the jurors know.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

For the Miami Heat, it has been an up and down season.  Nevertheless, Lebron James and the Heat will enter the second portion of the NBA season with high hopes.  Unfortunately, it looks like Lebron has brought more than just his talents to South Beach.  Gloria James, Lebron's mother, seems to follow not too far from Lebron wherever he goes and doesn't forget to bring her baggage.  

Early Thursday morning, Gloria James was arrested in a Miami hotel after assaulting a valet worker because he didn't get her car fast enough.  The valet probably was doing her a favor, as police reported a strong odor of alcohol on Gloria's breath.   When police approached Gloria James, she went with the old reliable Miguel Cabrera line, "Do you know who I am."

Gloria James has provided her fair share of distractions for King James.  In 2006 Gloria pleaded no contest to a DUI.  in 2003 Gloria purchased a Hummer H2 after her bank considered her son's "future earnings". And of course Gloria was rumored to sleep with Lebron's teammate Delonte West shortly before Lebron tanked a playoff series for the Cleveland Cavaliers.  Seems like no matter where Lebron goes, Gloria's misbehavior follows.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

According to ESPN, although Brian Stow remains in a medically induced coma, his father has reported that his condition is stable and that Stow’s vital signs are “looking good.” In the meantime, the Police are following several leads concerning the attackers, including many people claiming that they recognize the composite sketches, and others overhearing persons admitting to being the attackers. The reward is currently at approximately $100,000, and expected to increase shortly. 

• Email This
• Print
• Comments (5)
• Trackbacks
• Share Link

One of the hallmarks of criminal law is that the prosecution must prove its case against a defendant beyond a reasonable doubt. Criminal juries seem to understand (without penalizing the defendant) that, under our Constitution, a defendant doesn’t have to testify or put on any case because the prosecution has the burden of proof.

As a former prosecutor, I can say that in majority of cases I have been involved with the defendant will not testify and will not call any witnesses. There is a very good reason for this strategy.

If Bonds had testified and the jury thought he lied to them, he’s toast. Moreover, if the judge believed the Bonds lied (or truth shaded) in court, she might “bang” him on sentencing and max him out. When the defense elects not to put on a case, this suggests that they are confident of an acquittal.

If the defense team believes that they have damaged the prosecution’s case enough through cross-examination AND now feels that the prosecution cannot meet it's burden of proof, Bonds’ lawyer should not put on a case (which was their choice).  In closing arguments, Bonds lawyers must aggressively attack and dismantle the government’s case, like Bonds’ life depended on it - because it does.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments (2)
• Trackbacks
• Share Link

When I was a young prosecutor, I was told never to over-try a criminal case. Sometimes less is more and overkill can lead to a shaky witness getting crushed on cross-exam.

Last week, the prosecution decided to shorten it's case against Bonds by more than a 7 days. There can be several reasons for this decision. While courtroom observers can disagree whether the case against Bonds is going well, the prosecution must believe their case can't get any better. This doesn't mean the government is overconfident, it only could mean that they are less comfortable with their other witnesses (who could blow up).

The other benefit of shortening the case for the prosecution is that it puts immediate pressure on the defense. Bonds' attorneys will have much less time to prepare their case and will be forced to make difficult decisions on how much of a defense presentation to give the jury.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In a troubling story involving sports fans (not Philadelphia, this time), a Giants fan who traveled to the season opener between the Giants and the Dodgers at Dodger Stadium was brutally beaten.  41 year-old Brian Stow was punched in the back of the head by a Dodgers fan in the parking lot after the game, causing him to fall and hit his head on the pavement. What's worse, the two animals that attacked Stow continued to kick and punch him in the head as he lay unconscious on the ground. Stow, a father of two, is in critical condition and could have easily been killed. He currently cannot breathe on his own, and doctors were hoping that they could relieve the pressure in his skull caused by brain swelling. In fact, the Bay Citizen is reporting that Stow was placed in a medically induced coma.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

With baseball underway, the NFL is slowly falling out of the media spotlight.  The NFL draft is later this month, but the initial panic of a lockout has gone under the radar.  That doesn't mean all is quiet.  Multiple lawsuits have been filed against the NFL because of the lockout.  At first, the Tom Brady Lawsuit was the only complaint brought against the NFL for the lockout, but since that a few others have followed.  

Hall of fame defensive end Carl Eller has spearheaded a second antitrust lawsuit that focuses primarily on representing  “all retired or former professional football players who were employed by any NFL member club but are not now employed by the NFL or any member club and who receive health, retirement or other benefits from the NFL pursuant to the ‘Bert Bell/Pete Rozelle NFL Player Retirement Plan’ . . . or other benefit plans subsidized by the NFL” and “potential rookie professional football players who, as of March 11, 2011 to the date of final judgment in this action and the determination of any appeal therefrom, have not previously commenced negotiation with any NFL club concerning employment and have not been selected in any NFL College Draft.”  The 106 page complaint was filed in the same Minnesota federal court that the Brady v. NFL lawsuit was filed.  Since the CBA calls for the 2011 NFL Draft to take place, the Eller case is placing more focus on the draft and potential NFL players, while the Brady case is primarily focusing on current NFL players.  The Eller complaint and case also varies from the Brady case because it can avoid the NFL's defense that the union illegally decertified.  

The NFL has always been about the fan's experience and interaction, so how could the fans resist jumping on the bandwagon to sue them?  Cleveland Browns season ticket holder Kenneth A. Lanci has filed a lawsuit naming both the Cleveland Browns and the NFL.  Lanci, the self made millionaire and owner of 10 season tickets and PSL's is seeking $25,000 from the NFL and $25,000 from the Cleveland Browns.  Lanci is basing his complaint on the fact that the NFL lockout is preventing him from possessing and using his seats for the games.  A few teams have adjusted their payment structures for season ticket holders, but Lanci has taken it upon himself to stand up to the NFL.  Lanci said in an interview with ESPN, "It's a fight between billionaires and millionaires. There isn't any sympathy for multimillionaires. It's just not going to happen. And somebody has to stand up and say, 'Enough's enough.' "  If you have ever been to the "Dawg Pound" in Cleveland, you know, don't mess with Brown's fans.

With all of these lawsuits, it doesn't seem like much progress is being made.  And of course if the season starts on time, all will be forgotten.  But, with more and more action in the courtroom, and less action happening on the field, look for more and more potential plaintiffs to emerge seeking their cut of the damage caused by the lockout.  Not only for the NFL, but the looming NBA lockout.  These cases could carry weight beyond serving as hot stove drama while the millionaires and billionaires that make up the NFL argue.  

• Email This
• Print
• Comments
• Trackbacks
• Share Link