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Negligence Sports Law

When Is A Waiver Of Injury Enforceable In The State Of Florida

On January 6, 2021, a high school athlete, Ethan Elalou, appealed a final judgment from the Circuit Court for the Seventeenth Judicial Circuit of Broward County in favor of the School Board of Broward County on an executed pre-game release waiver form that barred his claim of negligence against the school board. On appeal, Elalou […]

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NCAA Violations Negligence

It’s Not What You Know

Recently, news broke that former escort, Katina Powell, wrote a book, Breaking the Cardinal Rules: Basketball and the Escort Queen. In it she alleges that between 2010 and 2014, a graduate assistant coach for the men’s basketball team at the University of Louisville, Andre McGee, paid her to provide strippers and sex for recruits of […]

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Negligence Sports Law

A Look At The First Class Action Lawsuit Filed Against DraftKings And FanDuel

A class action lawsuit led by plaintiff Adam Johnson has been filed in the Southern District of New York against DraftKings and FanDuel (two other class action lawsuits have been filed against DraftKings and FanDuel since, with more likely to come). The complaint alleges claims of negligence, fraud and misrepresentation, violation of the Kentucky Consumer […]

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Criminal Issues First Amendment Intentional Torts Negligence

HBO’s Real Sports With Bryant Gumbel Fights Off Defamation Suit

A Manhattan, New York federal jury cleared HBO of defamation charges on May 8th that had been brought by Mitre Sports International, a British sportswear and equipment supplier. HBO’s “Real Sports with Bryant Gumbel” aired a segment in 2008, “Children of Industry” that accused Mitre Sports of exploiting child labor as part of its soccer […]

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Collective Bargaining Issues Concussion Litigation Contractual Issues Criminal Issues Intentional Torts Negligence Negligent Misrepresentation

NHL Concussion Litigation: What’s Next After Judge Nelson Rejects The NHL’s First Attempt to Dismiss Lawsuit

On March 25, 2015, Judge Susan Nelson denied the NHL’s first motion to dismiss, potentially strengthening the former players’ case. Prior to that decision, on January 8, 2015, Judge Nelson heard arguments from both the NHL and former players in regards to two motions to dismiss: (1) motion to dismiss the Master Complaint pursuant to […]

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Concussion Litigation Insurance Intentional Torts Negligence

NHL Concussion Litigation – The Backstory and Potentially the Players’ First Victory

The past twelve to eighteen months have without a doubt been the busiest and most interesting for both sports lawyers and fans alike. In the past calendar year alone: Aaron Hernandez was charged with and is being tried in his first of two murder trials; the NBA forced Donald Sterling to sell the Los Angeles […]

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Collective Bargaining Issues Criminal Issues Drugs/Doping Negligence

Recent Developments in the Dent et al. v. NFL Litigation

In December 2014, United States District Judge for the Northern District of California, the Honorable William Alsup, granted the National Football League’s (“NFL”) motion to dismiss based on preemption under Section 301 of the Labor Management Relations Act of 1947 (“LMRA”) in Dent v. NFL. Section 301 of the LMRA applies to breaches of collective […]

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Collective Bargaining Issues Contractual Issues Intentional Torts Negligence Uncategorized

Welcome to the Spin Room: How the NFL’s Personal Conduct Policy is a Microcosm of Labor-Management Relations

A lot has happened between the National Football League and National Football League Players Association these last few weeks regarding the scope and ability of Commissioner Roger Goodell to discipline players. Here is a brief summary of what has transpired: Ray Rice, the former Baltimore Raven’s running back, is now free to sign with any […]

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Concussion Litigation Criminal Issues Drugs/Doping Intentional Torts Negligence Negligent Misrepresentation Uncategorized

More pain for the NFL: The seemingly forgotten Dent et al. v. NFL litigation

Back in May 2014, former NFL players filed a lawsuit in a San Francisco federal court on behalf of over 600 former NFL players from 1969 to 2008. The complaint alleges that the NFL illegally supplied the players with narcotics and painkillers to mask their injuries during games. This alleged medical malpractice has since led […]

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Negligence

Examining The NCAA Concussion Lawsuit Settlement

This past Tuesday, the NCAA and former athletes came to an agreement on a settlement that would appear to effectively put an end to the lawsuit filed by several former athletes approximately three years ago. Pursuant to the agreement, member schools of the NCAA will be required to amend their current concussion-management policies and enact […]