Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

Category Archives: Sports

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The Times They Are A-Changing: Ryan Braun’s Plea Deal Likely to Impact the Future of Professional Sports Leagues’ Player Discipline

Posted in Sports
In many ways, Braun's suspension is a win-win. The League got retribution, and Braun got to serve his suspension on his own terms, when his team isn't even a playoff contender. As NBC Sports Hardball Talk columnist Craig Calcaterra (@craigcalcaterra) noted yesterday, several other players implicated in the Biogenesis Scandal are heading into tight playoff races. Braun's plea bargain may open the door to suspending other players, thereby slamming the door on their teams' playoff hopes. But regardless of the players connected with Biogenesis, this outcome has the potential to forever change the way professional sports leagues regulate and discipline players… Continue Reading

Don’t Plan A-Rod’s Retirement Party Yet; The Biogenesis Scandal is Just Getting Started

Posted in Sports
The evidence of use of performance enhancing drugs (PEDs) by Alex Rodriguez, Ryan Braun, and about 20 other MLB players may be substantial, but is it the kind of evidence that's capable of sustaining those players' suspension for violating baseball's Joint Drug Prevention & Treatment Program? Don't hold your breath for Commissioner Bud Selig to start handing out suspensions. The Biogenesis scandal is just getting started… Continue Reading

Did Rutgers Make a Mistake in Firing Head Basketball Coach?

Posted in New Jersey, Sports
Regardless of whether Rice's behavior was cause for termination, it looks as though he was punished twice for the same conduct. Again, the video footage was filmed during the coach's first two seasons at Rutgers, between 2010 and 2012. In December, AD Tim Pernetti suspended Rice for three games, and fined him $50,000. Since then, there have been no new reports or allegations of misconduct by the coach. So, in essence, he was fired for the same thing for which he was previously suspended and fined. In constitutional law, that's called double jeopardy… Continue Reading

Jets Linebacker Seeking PTI Probation for Assault on His Wife

Posted in New Jersey, Sports
New York Jets linebacker Bryan Thomas is asking the Morris County Prosecutor to accept him into "pre-trial intervention," which is a New Jersey courts diversionary program for first-time offenders. The 6'4" 265-pound linebacker is facing criminal charges of aggravated assault and possession of controlled dangerous substances following a domestic incident last October during which he allegedly punched his wife in the stomach… Continue Reading

PA Governor to Sue NCAA for $60M

Posted in Sports
The theory behind the suit is likely to be that since Penn State is a state institution, the monetary penalty demanded from them is ultimately being paid by the taxpayers, who aren't a party to any contract or franchise agreement with the NCAA. This theory could support either a claim based in contract (e.g. unjust enrichment) or antitrust. Sometimes, though, a lawsuit like that is used as a strategic, posturing device, to influence future behavior and/or legislation, rather than to win a pile of cash… Continue Reading

For Lance Armstrong, The Fat Lady Has Sung

Posted in Sports
Today, it seems, is the end of the line for Lance Armstrong. I remember what I said--here, here, and here, on Twitter, and probably elsewhere too--that despite all the news reports and controversy surrounding USADA's indictment of Lance Armstrong for engaging in a systematic pattern doping, he was still a 7-time Tour de France winner. Now, not so much… Continue Reading

Armstrong’s Yellow Jerseys Haven’t Gone Anywhere…Yet

Posted in Sports
Even though every news outlet has reported that USADA stripped Lance Armstrong of his TdF victories, that hasn't happened. What's happened is that USADA sent a report of its findings to the UCI, which will examine the report, and then make its determination. Could the UCI strip Lance Armstrong of his titles? Sure. But it hasn't happened yet, and it may not happen at all. So don't buy into the hype, and don't buy Travis Tygart's propaganda… Continue Reading

Does IOC Rule 40 Violate the First Amendment?

Posted in Media Law, Sports
As I'm sure was the case with most people who watched any track & field coverage during the summer Olympics, I was practically blinded by the fluorescent green shoes worn by more than 400 Olympians, and nearly half of all medal winners. So it never occurred to me that Nike wasn't an official sponsor of the Games. Apparently it wasn't Nike, but rival brand adidas that was the official shoe sponsor of the the 2012 Games. Adidas paid $155 million for that right. Why is that a big deal? Aside from the fact that Nike's Volt sneakers literally stole the show, they did so in spite of an IOC rule that stubstantially regulates advertising, and outright prohibits athlete endorsements from July 18 through August 15, … Continue Reading

Fuhgeddaboudit! NCAA, NFL, NBA, MLB File Suit Against the State of New Jersey

Posted in New Jersey, Sports
The NCAA and the big four professional sports leagues filed a lawsuit against New Jersey Governor Chris Christie, alleging that the state law that was approved by NJ voters last November is a "clear and flagrant violation of federal law." The five sports organizations are asking a federal court in Trenton, New Jersey for preliminary and permanent injunctions against NJ officials, to enjoin them from carrying out the law that authorizes sports betting in New Jersey. Perhaps the most compelling reason that New Jersey will prevail is that courts don't hand out injunctions like Roger Goodell hands out fines and suspensions… Continue Reading

Meyer’s $26M Contract Includes $9M to Stay Home

Posted in Ohio, Sports
I’m gonna go out on a limb, and say that Ohio State Football Coach Urban Meyer didn’t get his new $26M contract from legalzoom.com. It has nothing to do with the fact that it’s a high-dollar contract, either. The reason I know that the contract was not created from some computer database is that the … Continue Reading

Winter Classic Spawns More Litigation

Posted in New Jersey, Sports
You might remember the story about the Woodbridge, NJ cop, and New York Rangers fan, who was badly beaten outside of Geno’s Steaks in South Philly. The beating came on the heels of the 2012 Winter Classic, which is an annual, regular-season NHL hockey game that is played outdoors. This year’s installment featured the New … Continue Reading

UVA Lacrosse Player Should Appeal

Posted in Sports
Last week, a Virginia jury found former University of Virginia lacrosse player George Huguely guilty of murder, but found him not guilty of first-degree murder. I’m not at all surprised by the verdict, and my purpose in posting this follow-up is not to call attention to my original post on the subject; rather, one of … Continue Reading

Braun Decision Affirms Fact that Appeals are Crucial to our System of Justice

Posted in Sports
Ryan Braun just became the first major league baseball player to successfully overturn a positive drug test result on appeal, and based on the immediate reactions in the press and Major League Baseball itself, you’d think the Berlin Wall had just crumbled. But before everyone jumps to the conclusion that baseball’s drug policy is flawed, … Continue Reading

UVA Lacrosse Player’s Not Guilty Plea is Evidence of a Broken Criminal Justice System

Posted in Sports
Yesterday in Charlottesville, Virginia Circuit Court, George W. Huguely V (yeah, the fifth) pleaded not guilty to first-degree murder. Huguely is the former University of Virginia lacrosse player charged with murdering his ex-girlfriend, Yeardley Love, also a UVA lacrosse player, in May 2010. According to most reports, Huguely broke down Love’s bedroom door and the … Continue Reading

Rangers Fan Beaten Outside of Geno’s Steaks: Is it His Own Fault for Eating a Misteak?

Posted in Sports
Maybe it’s a Jersey/East Coast thing but I love a good cheesesteak. My go-to spot after a late-night gig in Philadelphia was Pat’s, the South Philly institution known as the King of Steaks. Across the street from Pat’s is Geno’s Steaks, which also has great steaks, but except for trying Geno’s one time, I’ve always picked Pat’s—perhaps … Continue Reading

Lids On Kids: State Law Mandates Ski Helmets

Posted in New Jersey, Sports
As the temperature has finally dipped into the twenties in the northeast, skiers and snowboarders are starting to think about knee-deep powder, but before you head out to the slopes this season, make a quick stop at your local ski or snowboard shop, and get you and your kid properly fitted for snowsports-specific helmet. With … Continue Reading

Latest News on Blood Doping in Pro Cycling

Posted in Sports
Last week, attorney Lee Davis aptly noted a French court’s decision handing down a 12-month suspended sentence to cyclist Floyd Landis for his 2006 in attempt to steal documents from a French drug-testing laboratory. The documents in question related to Landis’s 2006 Tour de France victory, which was stripped from him after drug tests revealed … Continue Reading

Attorney Joe Bahgat Appears on Fox News Special Report

Posted in Sports
  On Monday I was interviewed by Fox News for a one-hour special The Crisis at Penn State, hosted by John Roberts (no, not the Chief Justice, the other one!). If you click on the image to the left, it takes you to a 20-second video promo. The special report is scheduled to air tomorrow/Saturday night … Continue Reading

Stricter Child-Abuse-Reporting Laws May Not Have Prevented the Penn State Scandal From Continuing

Posted in New Jersey, Sports
Even if you believe exiled Penn State FB Coach Mike McQueary’s 11th-hour revelation that he did intervene in the child rape that he says he witnessed in the locker room showers in March 2002, it still doesn’t change the fact that after that incident, Jerry Sandusky continued to have access to, and continued to molest … Continue Reading