Sports Lawyer Compilation
- 1. Tim Edwards October 2, 2015 Derrick Rose Sued For Alleged Rape of Ex Girlfriend On August 26th, 2015, plaintiff “Jane Doe” sued defendants Derrick Rose, Randall Hampton, and Ryan Allen in Los Angeles County Superior Court for sexual battery, trespass, and intentional infliction of emotional distress, among other charges. Doe alleges that the three defendants drugged her, then forced themselves into her apartment where they proceeded to rape her. Jane Doe met Derrick Rose at a party in Los Angeles in October 2011. During this time, Rose was living in Los Angeles due to the NBA lockout. After they had met, they began communicating with one another via text messaging, and then began meeting regularly. The relationship eventually became intimate, and the two became sexually involved. The plaintiff alleges that as the relationship progressed, Rose began obsessively asking her to involve others in their sex life to which she would always refuse. On August 26th, 2013, Rose invited Doe to his home in Beverly Hills. Present at the house besides Rose, were his two assistants, Randall Hampton and Ryan Allen. In the complaint, Doe alleges that while at Rose’s home, she was given a drink that had been drugged. After starting to feel disoriented, she got in a cab and proceeding to go home to her apartment. Doe claims that from this point forward she was drifting in and out of consciousness but recalled some details of what ensued. She alleges that the defendants must have followed her back to her apartment, because she remembers them being in her bedroom. She also remembers that at one point, all three defendants were having sex with her at the same time. She alleges that all of these events were completely against her will and in violation of the California Civil Code 91708.5. Doe is seeking compensatory damages including consequential damages, lost wages, and earnings. She is also seeking an award for mental pain and anguish, punitive damages, attorney’s fees, and an additional civil penalty in the sum of $25,000 pursuant to Civ. Code 52(b). The lawsuit is a “cash grab and an attempt to shake down a highly respected and successful athlete,” says Rose’s attorney Lisa Cohen. “We have complete confidence the case will be dismissed and that Mr. Rose will be vindicated,” she goes on to say. Brandon J. Anand and Thaddeus J. Culpepper represent the plaintiff Jane Doe. A hearing date has not yet been set, but the plaintiff has requested a trial by jury for the case. Sources: Complaint http://www.usatoday.com/story/sports/nba/bulls/2015/08/27/derrick-rose-denies- allegations-sexually-assaulted-ex-girlfriend/71283196/ http://www.si.com/nba/2015/08/27/derrick-rose-chicago-bulls-lawsuit http://www.sportingnews.com/nba/story/2015-08-27/derrick-rose-rape-allegation- lawsuit-randall-hampton-ryan-allen
- 2. Tim Edwards Supreme Court Refuses To Hear San Jose’s Lawsuit Over Oakland A’s On October 5th, the United States Supreme Court announced they would not hear the city of San Jose’s lawsuit against Major League Baseball, regarding the Oakland Athletics. The lawsuit was an attempt to lure the Athletics from Oakland, where they are having trouble securing a new stadium, to San Jose. The lawsuit brought by the city of San Jose challenged Major League Baseball’s exemption from federal antitrust laws. The exemption was granted to Major League Baseball in 1922, and has been upheld in 1952 and 1972. The city of San Jose challenged this exemption status because it permits the San Francisco Giants to have exclusive domain over Santa Clara county. It also limits the territory of the Oakland A’s to the counties of Alameda and Contra Costa. The lawsuit reached the Supreme Court on appeal from the Ninth U.S. Court of Appeals. The Court of Appeals ruled that Congress and the Supreme Court were the only ones with the power to question the exemption status given in the 1972 decision. Going forward, if the Athletics’ decided to make their own move to San Jose, they would have to negotiate a deal with the Giants or win approval from three fourths (3/4) of the other teams owners. The Athletics’ were not a party involved in this lawsuit. One of lawyers that represented the city of San Jose described Major League’s Baseball’s exemption status as, “a relic from another era.” They went on to say that it, “is causing ever increasing harm to baseball fans and their local communities.” Oakland Athletics co-owner Lew Wolff said that the court’s decision, “has no impact on our intense and unwavering focus on solving our ballpark issue and providing A’s fans the first class experience they deserve.” Sources http://www.sfgate.com/athletics/article/U-S-Supreme-Court-rejects-San-Jose-s- bid-to-6550805.php http://www.mercurynews.com/crime-courts/ci_28923445/san-jose-loses-legal- fight-against-mlb-over https://www.csnbayarea.com/athletics/san-joses-antitrust-lawsuit-turned-down- no-impact
- 3. NFL Concussion Lawsuit Heads to Appeal On Thursday, November 19th, 2015, the National Football League’s (NFL) one billion dollar concussion settlement with former players will go to the 3rd United States Circuit Court of Appeals. Ninety former players are contesting the settlement, claiming that the settlement only compensates for a small part of the neurological conditions that were named in their original complaint. In April of this year, the NFL and former players finally reached an agreement after much back and forth on the issue, when Senior US District Court Judge Anita Brody moved the parties towards mediation. The original settlement included a cap by the NFL at 765 million dollars, but that was finally lifted, and they agreed upon a one billion dollar settlement. However, over ninety former players have objected to the settlement on the grounds that it fails to address the many issues with depression and mood disorders that are linked to chronic traumatic encephalopathy (CTE). The problem both sides have faced in dealing with CTE in the settlement is that it is in the early stages in terms of the research and knowledge about it. As the settlement stands right now, it will cover over 20,000 NFL retirees for the next 65 years. On average a retiring player will receive $190,000. It also provides for up to $4,000,000 for prior deaths that involved CTE, but they set an April 2015 cutoff on the deaths to avoid the encouragement of suicide for former players. The objection over the amount CTE is involved in the settlement will need to be decided soon, because concern is growing for players that need the settlement money now. Each appeal only delays these players from receiving that money. “CTE was the sound piece of the original lawsuit, it is a fundamental issue in the case. It is mentioned in it 14 times,” says Steven F. Molo, an attorney representing the former players. “The science could determine that all that matters for CTE is the concussive hits you took before your 18th birthday,” argues Paul Clement, an attorney representing the NFL in the case. The 3rd United States Circuit Court of Appeal’s 3-judge panel is expected to rule on the settlement early next year. Source(s) http://profootballtalk.nbcsports.com/2015/11/19/concussion-settlement- finally-heads-to-appeals-court/ http://www.usnews.com/news/sports/articles/2015/11/19/nfl-set-to- defend-1b-concussion-settlement-amid-appeals
- 4. Kirk Cousins “You Like That” Trademark On October 27th, 2015, Kirk Cousins and his brother Kyle filed a trademark application for the phrase “You Like That”. The application was filed just two days following the Washington Redskins comeback victory over the Tampa Bay Buccaneers. The phrase gained Internet fame when a vine of Kirk Cousins surfaced after the game. In the vine, Kirk Cousins while en route to the locker room, screamed “You Like That!” at a CSN Sportsnet camera. The video was turned into a vine, which spread quickly across the Internet. The vine currently has over 31,000,000 plays on social media. The phrase also has become a popular chant at Redskins home games, and is now even featured on the stadiums Jumbo tron after big plays. Kirk Cousins, taking advantage of the vine’s popularity, immediately began making T-shirts featuring the phrase, and was able to raise $41,000 for the International Justice Mission. Trying to capitalize even more on the popularity of the phrase, Cousins trademark, if approved, would apply towards all bumper stickers, home décor, posters, clothing, and electronic billboard advertising. “Things I Like: Hearing ppl say You Like That while eating Shake Shack after a Skins win,” Cousins recently tweeted. He is not the only athlete using the phrase on social media; with even Kevin Durant tweeting “You Like That” after the Redskins clinched the NFC East. There is no doubting the popularity the phrase has reached, but it remains to be seen if Cousins will be granted the trademark. Cousins is not the only Redskins quarterback to pursue a trademark, with former starter Robert Griffin III currently holding five of them. Hopefully the trademark will not be too much of a distraction as the Redskins prepare for their playoff game against the Seattle Seahawks. Source(s) http://washington.cbslocal.com/2015/12/21/kirk-cousins-filed-a-trademark-for- you-like-that/ https://www.washingtonpost.com/news/dc-sports-bog/wp/2015/12/24/kirk- cousins-and-his-brother-are-applying-to-trademark-you-like-that/ http://www.si.com/nfl/2015/12/21/washington-redskins-kirk-cousins-you-like- that-trademark http://www.nfl.com/news/story/0ap3000000607295/article/kirk-cousins-files- trademark-for-you-like-that
- 5. NFL Under Antitrust Investigation by New York Attorney General On January 28th, 2016, Eric Schneiderman, the Attorney General of New York, announced that he was investigating the NFL for antitrust violations dealing with their ticket practices. Specifically, the investigation deals with if the NFL’s pricing rules on ticket resales are illegal. The NFL encourages fans that want to sell tickets they have for games, to use the NFL Ticket Exchange, which is operated by Ticketmaster. However, when fans use this service to resell tickets, there is a pricing floor, which prevents the fan from selling the ticket below face value. This is true even if sellers are willing to sell the ticket for below this price. The NFL promotes the NFL Ticket Exchange as the safest way to buy and sell tickets. A lot of NFL teams actually require season ticket holders to use this forum if they want to sell their tickets as well. Most fans, when they use this website are under the impression that the prices they are paying is the market value for the ticket, when a lot of times this would not be the case. While this problem is the focal point of the investigation, Schneider is also probing into high event ticket pricing in general. “Ticketing is a fixed game,” says Eric Schneiderman, “my office will continue to crack down on those who break our laws, prey on ordinary consumers and deny New Yorkers affordable access to the concerts and sporting events they love. This investigation is just the beginning of our efforts to create a level playing field in the ticket industry.” The spokesperson for the NFL, Brian McCarthy released a statement regarding the investigation saying, “The NFL does not require them to use the Ticket Exchange. The NFL imposes no restrictions whatsoever on any fan’s ability to buy or resell tickets on other secondary ticketing sites or to do so at any price they choose.” It is unclear when Scheiderman will release the findings of the investigation. Source(s) http://www.crainsnewyork.com/article/20160128/TECHNOLOGY/160129862/nfl s-ticket-resale-rules-to-be-subject-of-antitrust-investigation http://www.si.com/nfl/2016/01/27/nfl-antitrust-investigation-new-york-attorney- general-ticket-pricing-report http://bleacherreport.com/articles/2611993-new-york-attorney-general- investigating-nfls-ticket-exchange-details-reaction
- 6. Louisville Self Imposes A Ban For This Year’s NCAA Tournament On February 5, 2016, the University of Louisville announced that they were instituting a self-imposed ban from the ACC and NCAA post-season tournaments. The announcement comes on the heels of numerous accusations that have been made regarding NCAA violations committed by the schools men’s basketball program. The allegations started in October of 2015, when former escort Katina Powell released a book regarding Louisville’s men’s basketball program. Ms. Powell accused the former Director of Basketball Operations, Andre Mcgee, of paying an escort service over the course of four years, to have sex with recruits, in an effort to persuade the players to sign with Louisville. A few weeks after the book’s release, five former players came forward to ESPN’s John Barr and Jeff Goodman, alleging that Mcgee would pay strippers to attend parties that Louisville would bring their recruits to from 2010 to 2014. An investigation by Barr and Goodman found that text messages were sent between Ms. Powell and Mcgee, and they even found evidence of a wire transfer of money made between the two. Louisville’s men’s basketball coach, Rick Pitino, has denied that he had any knowledge that these parties were taking place, and that escorts were being hired for his recruits. This is contradictory to Ms. Powell’s accusations; her position being that there is no way that Coach Pitino was unaware of what was going on. President of the University, James Ramsey released a statement regarding the post-season ban, saying, “I determined that it was reasonable to conclude that violations had occurred in the men’s basketball program in the past. While this was a difficult decision, I believe it was made in the best interest of the University of Louisville.” While Coach Pitino has acknowledged that the University should be punished, he disagrees with punishing the players on this team for the program’s past actions saying, “we should be penalized, no question about it, but not this team.” Pitino even suggested he believed a fairer punishment would be for all coaches and administrators to take a fifty percent pay decrease instead. The NCAA is still investigating Louisville, and could still announce their own set of penalties on the University. Source(s) http://www.foxsports.com/college-basketball/story/louisville-cardinals-coach- rick-pitino-on-postseason-ban-over-sex-scandal-fine-schools-and-coaches-not- players-020616 http://www.nytimes.com/2016/02/06/sports/ncaabasketball/louisville-mens- basketball-investigation.html?_r=1 https://www.washingtonpost.com/news/early-lead/wp/2016/02/05/louisville- basketball-to-announce-self-imposed-one-year-ncaa-tournament-ban/
- 7. J.R. Smith Facing Civil Lawsuit For Alleged Nightclub Incident On March 24, 2016, Justin Brown filed a civil lawsuit against Cleveland Cavaliers shooting guard, J.R. Smith, stemming from an alleged altercation the two men had in New York City last November. The lawsuit is seeking $2.5 million in damages for physical injuries and emotional distress. Last November, the Cleveland Cavaliers were in New York City to face the New York Knicks. After the game, J.R. Smith had gone out to a popular nightclub called 1Oak. At around four in the morning, Smith had left the nightclub to go to a nearby pizza restaurant. While at the restaurant, Justin Brown approached Smith for a photo, which Smith refused. Brown then told Smith “that’s why you got kicked out of New York,” referencing the Knicks trade of Smith to the Cavaliers the previous season. At this point, Brown alleges that Smith choked him, and then struck him in the head. Smith was not arrested the night of the incident. The NYPD and the Manhattan District Attorney’s office conducted a two-month investigation after the incident, but decided against pressing charges against Smith. There is a reported cell phone video of the incident, where Brown can be heard saying that “I am going to get J.R. to punch me and sue him for $50,000.” The video apparently does not show Smith actually striking Brown. “If they have the audacity to file a frivolous claim against J.R., we will counterclaim for defamation and defend the suit aggressively,” said Alex Spiro, the attorney for Smith. “This was a cash grab from the start,” Spiro went on to say. Smith has not had much to say on the matter, other than, “it is what it is, so we’ll just see what happens.” Source(s) http://espn.go.com/nba/story/_/id/15074066/jr-smith-cleveland-cavaliers-sued-25- million http://www.sportingnews.com/nba-news/4699879-jr-smith-lawsuit-pizza- nightclub-new-york-city-1oak-shop-incident-cavaliers-knick https://www.washingtonpost.com/news/early-lead/wp/2016/03/26/cavaliers-j-r- smith-sued-for-2-5-million-over-alleged-nightclub-incident/ http://nypost.com/2016/01/22/j-r-smith-not-charged-in-alleged-nyc-teen-choke/
- 8. Erin Andrews Awarded $55 Million For Nude Video Leak On March 7th, 2016, a jury in Circuit Court for Davidson County, Tennessee awarded television personality Erin Andrews $55 million for negligence on the part of the Nashville Marriot at Vanderbilt University, and against her stalker Michael David Barrett. The jurors had to unanimously decide what the damages would be for Andrews and how they would be allocated between the hotel, and the stalker. Erin Andrews is the host of Dancing with the Stars, and a former sports reporter for ESPN. On September 2nd, 2008, Andrews was traveling for ESPN, and was staying at the Nashville Marriot at Vanderbilt University. Unbeknownst to her, she was filmed changing in her hotel room through the peephole, by the man staying in the room next to hers, Michael David Barrett. Barrett then leaked the video online in early 2009, after TMZ refused to buy the video from him. The video has been estimated to have been viewed over 17 million times, and has caused Andrews significant embarrassment and emotional distress since its release. Barrett was subsequently arrested and pled guilty for felony stalking. He was sentenced to 30 months in prison. In December 2011, Andrews filed this civil lawsuit against both Barrett, and the ownership group of the hotel where she was staying. In her complaint, Andrews accused the hotel of negligence and invasion of privacy. She claims that the hotel helped facilitate the video being taking of her, by disclosing her room number, and accommodating Barrett’s request to stay in the neighboring room of Andrews. Andrews was originally seeking $75 million in damages from the various parties. Four years after Andrews filed her original complaint, a jury in the Circuit Court for Davidson County, Tennessee, held that the hotel and Barrett were both liable for $55 million in damages. The jury found Barrett to be 51% at fault, and the hotel and subsequent parties to be 49% liable. The hotel’s share of these damages is reportedly around $26 million. “It’s important that when we walk into hotels or any public building, that says they’re going to take care of us, that they take care of us and we feel safe and secure in their environment. And this hotel did not do that.” says juror Terry Applegate. After the decision of the jury, Randall L. Kinnard, Andrew’s attorney commented, “the litigation is over, Erin Andrews is satisfied with the settlement, and she was very courageous throughout this litigation.” The lawyers for the hotel were disappointed with the decision, but unsure of whether or not they would be appealing. Source(s) http://www.nbcnews.com/news/us-news/erin-andrews-settles-stalking-suit- against-nashville-hotel-n562036 http://www.sportingnews.com/other-sports/news/erin-andrews-settlement-nude- peephole-video-trial-jury/1g2ygu5cqvil61gjspjo6gz6lh http://www.nydailynews.com/news/national/erin-andrews-awarded-55-million- nude-video-lawsuit-article-1.2556066 http://www.thesmokinggun.com/documents/celebrity/erin-andrews-seeks-75- million-751098
- 9. Former Rutgers Basketball Awarded $300,000 for Former Coaches Abuse On April 7, 2016, Rutgers University reached a settlement with former men’s basketball player Derrick Randall for emotional abuse suffered at the hands of former head coach Mike Rice for $300,000. Randall sued the University for being both physically and mentally abused during his time on the men’s basketball team. In the lawsuit, Randall, who had been diagnosed with learning disabilities, alleged that Rutgers University failed to accommodate his disability. He also alleged that he was the constant target of then head basketball Mike Rice, who abused him both physically, and emotionally. Specifically, Randall accused Rice of throwing basketballs at his head and legs, as well as yelling homophobic slurs at him. Randall, who already lacked confidence and self-esteem, alleged that the abuse put him in a constant state of anxiety and that he shut down as a person. This settlement comes as no surprise to many, as the dismissal of Rice was highly publicized when videos of his violent outbursts and rants against his players surfaced, and was played on ESPN. Randall filed the suit in Federal Court on December 6, 2013. The settlement came quickly after retired Judge John J. Hughes was appointed on February 24, 2016. Both Rutgers officials, and Randall’s have declined any comment in the matter. There was reportedly a confidentiality agreement that was part of the settlement. The school did give Rice $475,000 as a severance package after his dismissal, a decision that angers even more people have the details in this lawsuit emerged. Source(s) http://www.nydailynews.com/sports/college/rutgers-pays-300k-mike-rice- basketball-player-article-1.2643107 http://www.si.com/college-basketball/2016/05/20/rutgers-mike-rice- abuse-lawsuit-settlement http://www.mycentraljersey.com/story/sports/college/rutgers/2016/05/1 9/ex-rutgers-basketball-player-gets-300000-rice-abuse-lawsuit/84576378/ https://uk.sports.yahoo.com/news/rutgers-coughs-300k-settle-mike- 154300533.html http://www.nj.com/rutgersbasketball/index.ssf/2016/05/rutgers_settles_b asketball_players_abuse_lawsuit_f.html
- 10. Former Basketball Team Captain Sues Yale University On June 9, 2016, former student athlete Jack Montague sued Yale University in the United States District Court for the district of Connecticut for breach of contract and violations of his rights under the federal Title IX law. The lawsuit alleges that Montague was undeservedly deprived of his Ivy League education and labeled as a sexual assailant following what he claims was a completely consensual sexual encounter. Jack Montague was expelled back in February of this year, after an investigation was conducted regarding a sexual encounter that took place in October of 2014. The accuser (who still has not been named) alleged in a complaint to the University that she did not consent to the sexual encounter with Montague, and that she communicated this verbally and also attempted to push him away. Montague articulates in his complaint that he had had a previous consensual sexual encounter with the women, and that she later returned to his bed with him on the night of October 2014 when she claims the assault happened. The complaint further alleges, that due to public outcry and condemnation against universities for covering up sexual assaults on college campuses, Yale being one in particular, the University pressured the accuser to file the complaint against Montague to make an example out of him. The formal complaint made to the University was filed on behalf of the accuser by one of the Title IX coordinators at the school, who was also named in the lawsuit. “Yale targeted and ultimately expelled Mr. Montague in order to make a public example of a prominent male figure on campus and demonstrate that, contrary to the opinions of Yale’s internal and external critics, the university is indeed tough on men who victimize female students,” reads a statement released by a public-relations firm hired on Montague’s behalf. “The lawsuit is factually inaccurate and legally baseless, and Yale will offer a vigorous defense,” a Yale spokesperson said in a separate statement. Montague is seeking to be reinstated by the University, as he was expelled just months before he was due to graduate, as well as damages. Source(s) http://www.nytimes.com/2016/06/10/sports/ncaabasketball/jack-montague-yale- rape-lawsuit.html http://www.nytimes.com/interactive/2016/06/09/sports/ncaabasketball/document- Jack-Montague-Statement-and-Lawsuit-Against-Yale.html https://www.washingtonpost.com/news/grade-point/wp/2016/06/09/expelled- basketball-captain-sues-yale-saying-alleged-sexual-misconduct-was-consensual/ http://espn.go.com/mens-college-basketball/story/_/id/16071453/former-captain- jack-montague-sues-yale-bulldogs-expulsion
- 11. Tim Duncan Sues Over Misappropriation of Image On July 15, 2016, Plaintiff Tim Duncan sued Defendant Robert Elder of Keller Williams Realty in the District Court of Bexar County, Texas for injunctive relief and exemplary damages. The lawsuit stems from the real estate company’s misappropriation of Duncan’s likeness. Robert Elder posted a picture of Duncan on his professional Facebook page on July 13th, along with a caption indicating that Duncan endorsed the real estate company. However, the photo that Elder used was originally taken by Sarah Brooke Lyons for her “1005 Faces” project, and featured Duncan holding a sign that said “Good, Better, Best. Never let it rest until your good is better and your better is your best.” Elder doctored the photo so the sign that Duncan is holding instead says “Robert Elder Real Estate Group.” Duncan apparently has no relationship or endorsement agreement whatsoever with Elder or Keller Williams, and Ms. Lyons owns the copyright on the photo. After the filing of the lawsuit, the photo is now removed and Elder’s Facebook page has been deactivated. In his lawsuit, Duncan is seeking a permanent injunction from the company using his likeness as well as punitive damages. “It was just so blatant and so shameless, we didn’t want people to think this is ok or that it goes unnoticed because it doesn’t. There is a consequence to it,” says Michael D. Bernard, the attorney for Tim Duncan in the lawsuit. “Mr. Elder, with no bad intent, did use an image of Tim Duncan he did not own. The legal team was all incredibly professional and mimicked the character we expected from Duncan-he’s a super nice guy,” says Jack Hawthorne, the attorney representing Keller Williams in the suit. It is likely the two sides will settle before the lawsuit goes to trial. Source(s) http://www.twcnews.com/tx/san-antonio/news/2016/07/19/tim-duncan-sues-real- estate-office-alleging-misuse-of-image.html http://www.sportal.co.nz/basketball/news/tim-duncan-lawsuit-retirement-spurs- real-estate-agent/17cxm2z1r7l991qfhn0smlgn2a https://www.inman.com/2016/07/26/keller-williams-working-settle-tim-duncan- lawsuit-for-altered-photo/ http://www.expressnews.com/file/165/5/1655-elder.pdf