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In 2009, Ed O'Bannon sued the NCAA for using his name and image. Photo credit: Isaac Brekken/New York Times

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 Ninth Circuit’s O’Bannon decision, the insider trading scandal in fantasy sports, and MLB litigation updates.


  • The Ninth Circuit issued its decision on the O’Bannon case, affirming in part and vacating in part. Jeremy Jarrett explains the decision and calls it a tremendous win for the NCAA.  Professor Gabe Feldman agrees, calling it a “huge victory.”  Andy Schwarz singles out important quotes from the decision.  Michael McCann says there are parts of the decision that both sides will dislike.  Could it be cracking the door open a bit more in the college sports reform movement?  Joe Nocera calls it a “hollow victory” for O’Bannon.  Jon Solomon looks at what’s next for the NCAA, including the Kessler lawsuit.
  • NCAA issues postseason ban for SMU basketball program and suspends Larry Brown for nine games due to academic fraud and misconduct. The full SMU decision.  Seth Davis: we’re now in the era of coach responsibility and academic fraud.
  • The NCAA is investigating Louisville after allegations of paying escorts to have sex with recruits.
  • Here’s a chart summarizing the NCAA Division I proposals for 2015-2016.
  • Former women’s hockey coach Shannon Miller files Title IX suit against the University of Minnesota-Duluth alleging sex discrimination. Here’s the complaint.
  • Do college sports really need the NCAA?

Sports Gambling and Fantasy Sports

  • The DraftKings lineup leak rocks daily fantasy sports. Why the FanDuel and DraftKings mishaps could be a big deal.  DraftKings downplayed the insider trading talk but lawmakers are listening.
  • John Brennan recaps the sports leagues’ reply to the Third Circuit in the New Jersey sports betting case. Here’s the leagues’ full brief.
  • John Mehaffey: What a regulated daily fantasy sports industry might look like.
  • David Stern: the time has come for legal sports betting.
  • NFL players can play daily fantasy, but they just can’t win much.
  • Legality of daily fantasy sports dominates the conversation at gaming conference.
  • Sun Sentinel: legalize fantasy sports games in Florida.


  • New law review article: The Curiously Confounding Curt Flood Act.
  • Judge dismisses Wrigley Field rooftop owners’ lawsuit against the Cubs. Here’s the decision.
  • Attorneys in minor league wage lawsuit file writ of mandamus.
  • Minor league wage lawsuit preliminarily certified as a class action.
  • Judge tosses sleeping Yankees fan’s lawsuit against ESPN.


  • Michael McCann: what the expedited Deflategate appeal means for Brady and the league.
  • Judge denies Aaron Hernandez’s latest attempt at a new trial: pursuing a person claiming to be a juror in an online survey.
  • San Francisco 49ers sued over 2014 stadium beating. Here’s a copy of the complaint.


  • Internal memo says NHL has no desire to settle concussion lawsuit.
  • Gary Bettman reaffirms hefty expansion fees for potential new NHL markets.
  • Why enhanced statistics are a game changer for NHL negotiations.


  • FIFA President Sepp Blatter will not step down before February election.
  • Neymar ban appeal rejected by Court of Arbitration for Sport.
  • After an appellate reversal, Hope Solo will again face domestic charges.

Best of the Rest

  • Nathaniel Grow looks at the latest cheerleader minimum wage suit, this one against the Milwaukee Bucks.
  • UFC loses two motions in antitrust suit with discovery to begin soon. Here’s one of the motions.
  • How Chris Paul is leading the resurgence of the NBPA.

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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