Monday , February 13 2017
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New England Patriots quarterback Tom Brady, left, celebrates with head coach Bill Belichick. (AP Photo/Charles Krupa)

Sports Law Links

Each week The Sports Esquires keep track of the sports law headlines so you don’t have to.  This week’s edition focuses on Deflategate again, but high school sports, DirecTV’s Sunday Ticket, and the NCAA also make appearances.


  • The Settlement Conference and Hearing: Tom Brady, Roger Goodell, and their lawyers met last week for a hearing before Judge Berman and settlement conference negotiations. Professor Gabe Feldman broke down what happened in the settlement talks.  Here’s a recap from the New York Daily News, which had solid coverage of the day.  Judge Berman grilled both sides.  At least the hearing was entertaining.  Michael McCann’s analysis of the hearing.  Andrew Brandt had five takeaways from the hearing.  Mike Florio: for now, the judge seems more interested in the facts than the law.  A look at the grounds for overruling arbitration decisions and why the judge’s fact-intensive questioning was odd.
  • The Latest Briefs: On Friday, the NFLPA and the NFL filed dueling legal memos with arguments for Judge Berman’s consideration. You can find all the Deflategate legal filings and relevant documents here.  McCann’s take: there’s no going back now.  The NFLPA’s memo called Goodell’s ruling a “smear campaign” and “propaganda”  Why didn’t Goodell increase Brady’s punishment?  I collected the Twitter analysis of several sports law experts on the Friday filings: Gabe Feldman; Daniel Wallach; joint analysis from Andrew Brandt, Michael McCann, and Stephanie Stradley.
  • More Analysis: Daniel Wallach has an interesting piece that looks at Second Circuit precedent and a variation on Brady’s “no notice” argument. Berman’s ruling won’t be the end.  Ben Volin: the real battleground may be the appeal.  The NFL has more to lose than just this case.  Florio’s thought on this week’s settlement conference and optional attendance by Goodell and Brady.


  • Former Dolphins coach Jim Turner has filed suit to challenge Ted Wells’ investigation of the Richie Incognito scandal. Here’s the full complaint.
  • The league and DirecTV are facing yet another class action lawsuit over Sunday Ticket. Here’s the full complaint.
  • Joe Nocera writes on the NFL’s bogus settlement for brain-damaged former players.
  • League reminds teams of prohibition on fighting after several training camp incidents.
  • Seahawks branding change marks end of dispute with Texas A&M over use of the “12th Man” trademark.
  • Latest plans and information for Los Angeles stadium funding released.
  • The civil suit against Junior Galette has been dismissed.


  • The race to increase full cost of attendance stipends is on. Here’s an in-depth look at Tennessee’s cost of attendance stipend.
  • Judge denies Florida State’s motion to dismiss the Title IX lawsuit from Jameis Winston’s accuser. Here’s a copy of the order.
  • Internal report clears Michigan State softball coaches.
  • Senators direct Pac-12 networks and AT&T to reach agreement. Here’s a copy of the senators’ letter.


  • IAAF suppressed a survey of athletes who admitted doping. IAAF expands investigation and discipline of doping at the 2005 and 2007 world championships.
  • A guide to key legal issues in the transfer window.
  • CBA negotiations in Australian soccer reach an impasse.
  • Oscar Pistorius set to leave jail after less than a year by qualifying for correctional supervision.

High School Sports

  • Georgia lawsuit targeting prayer in public high school sports is settled.
  • New Wisconsin law declares homeschool kids eligible for high school sports.
  • Researchers praise new youth concussion safety law.


  • A California appeals court denied the NBPA’s appeal of its motion to dismiss the lawsuit filed by former executive director Billy Hunter.
  • The Bucks get what they wish for – public funding for half of their arena costs.

Sports Gambling and Fantasy Sports

  • Jeff Ifrah: the legalized sports betting movement in the U.S. needs a leader.
  • Florida court set to decide fate of class action lawsuit against DraftKings.

Best of the Rest

  • Nick Symmonds: Why I decided not to sign USATF’s “Statement of Conditions.” Warren Zola explains Symmonds’s stand for athletes’ rights.
  • The legal consequences of sexual harassment of female sports reporters.
  • Judge orders Arizona to refund a rental car tax that was used for stadium funding. Here’s the ruling.
  • Mike Tannenbaum’s long rise to the top.
  • The latest issue of the Marquette Sports Law Review is now available

About Ian Gunn

Ian is a New Orleans attorney and a 2014 graduate of Tulane University Law School with a certificate in sports law. Before practicing law, he worked for the legal departments of the New Orleans Saints, the New Orleans Pelicans, and the San Antonio Spurs. He also interned for a player representation agency and an international stadium management company. At Tulane, he served as the Editor in Chief of The Sports Lawyers Journal, Senior Managing Editor of The Sports Lawyer, and as an officer for the Sports Law Society. Prior to attending Tulane, Ian graduated from the University of Georgia with a B.A. in philosophy, B.S. in psychology, and minor in political science.

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Sports Law Links

Each week The Sports Esquires keep track of the sports law headlines so you don’t have to. This week’s edition features the Supreme Court’s consideration of sports betting, a case that will impact the Redskins’ trademark, and more.

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