Amateur Sports Law

Woy v. Turner

Agent becomes a limited public figure when he thrusted himself into the forefront of a public controversy during a contract dispute by using the media, through press conferences, to help make his point.

Employer-Based Workman's Compensation

Must determine if athlete is employee (part of scope of employment). Courts say no. The general answer is that if the continued receipt for a job, free meals, or money is contingent upon on continued participation in sports, then a contract to play will receive coverage if the employer has brought the sporting activity within the course of employment.

National Olympic Committees

Mission - to develop and protect the Olympic Movement in their respective countries. Diffusion of Olympics in the teaching programs of physical education and sport in schools and university establishments.

Zacchini v. Scripps-Howard Broadcasting Co.

Supreme Court gave the "human cannonball" the power to protect his publicity rights in that it did not immunize the television station from liability for televising Zacchini's entire act.

Amateur Sports

Take two basic forms: restricted (same groups at different levels, like NCAA) and unrestricted competition (open to all athletes, ex. Olympics). An amateur cannot also be a professional. Courts are usually reluctant to overrule an athletic organizations rules, regulations, and restrictions as regards to decisions on eligibility. Don't interfere with internal affairs unless mistake, fraud, collusion, or arbitrariness.

Charter of the Int'l Court of Arbitration for Sports (CAS)

A court of international JRD for international sports. Two divisions ordinary arbitration division and appeals arbitration division.

Everett v. Bucky Warren, Inc.

3 piece helmet with gaps. A manufacturer is under a duty to use reasonable care to design a product that is reasonably safe for its intended use. Hockey coach's decision to supply helmets with a design defect, when other, safer helmets were available, was sufficient (i.e. the player won) to create a product liability claim.

Rodgers v. Georgia Tech Athletic Assoc.

A coach is entitled to any fringe benefits included within the contract, upon termination.

Hank Gathers

A collegiate basketball star collapses at center court and dies. Possible conflict of interests between team and doctor. Gathers had a previous issue with arrhythmia, although his doctor allowed him to play. The doctor from the college had a duty/responsibility.

Wynn v. Columbus Municipal Separate School Dist.

A female P.E. teacher sued the district that denied her application for athletic director. The Board appointed a male, who was qualified as a head football coach. Their reasoning was that, because football was the major revenue producing and costly sport, the Athletic Director should be a football coach. Held that the defendants discriminated against the teacher on the basis of gender by refusing to appoint her.

Croteau v. Fair

A female high school student who was cut from the varsity baseball team was unable to disprove that this decision was made in good faith and for reasons unrelated to gender.

Callaway Golf Co. v. Golf Clean, Inc.

A golf club manufacturer successfully used trade dress protection to enjoin a knock-off of its Big Bertha irons. The manufacturer's irons were entitled to trade dress protection, and were inherently distinctive and acquired secondary meaning.

Ashcroft v. Calder Race Course, Inc.

A jockey was injured when his horse veered across the race course toward an exit gap. Riding on a track with a negligently placed exit gap is not an inherent risk in horse racing. Assumption of the risk only applies to waive risk inherent in the sport itself.

Malcolm W. v. Novato Unified School Dist.

African America high school basketball players were subjected to racial harassment by students. For the school districts or administrators to incur liability, they must acquiesce, condone, or encourage student behavior. School tried to stop the student body, but they were just racist. No liability.

Nabozny v. Barnhill

A participant can avoid the defenses of assumption of risk and contributory negligence by arguing defendant violation of a safety rule. Duty to follow established rules. Similarly, recovery may be allowed when a plaintiff was injured through defendant's unsportsmanlike conduct. Here, defendant violated the safety rule that prohibits contact with the goal keeper in soccer, when the keeper is holding the ball in the penalty area. Kicked in head - permanent brain damage.

The Patent Act

A patent confers on the owner the right to exclude others from selling or using the product or process. May sue those who directly infringe. Covers golf balls, helmets, skates, rackets, trampolines, lawn darts. BUT does not cover divots.

Bell v. Lone Oak Independent School Dist.

A regulation that prohibited married high school students from participating in extracurricular activities was found to violate 1983 and the 14th amendment. The school set up a classification of individuals to be treated differently from the remainder of the students without a compelling state interest. Free education and athletic programs may not be constitutionally required but if they are provided then they are to be provided equally and fairly.

Falls v. The Sporting News Publishing Co.

A sportswriter (sports editor of Detroit news) was deemed to be a public figure with regard to his sports writing activities. Public figure status requires a showing of knowing or reckless disregard for the truth. "actual malice".

Blood Packing & Blood Doping

A technique aimed at increasing an athlete's red blood cell count and oxygen level by administering transfusions of the athlete's own blood (packing) or someone else's blood (doping). Taking blood out and putting blood back. Supposed to increase stamina. Very difficult to enforce without self-confession. Met with the strictest penalties.

Hall v. Univ. of Minn.

Amateur sports may not really be as pure as they once were. Athletes are given little incentive to be scholars, few people care how they perform academically. The talented are there as a proving group for professional teams. A good academic program is made impossible by the demands of their sport at the college level.

Wilson v. Lock Haven Univ.

An African American head basketball coach's contract was not renewed at a state university. The coach countered by alleging a hostile work environment, racial discrimination, and violations of Title VII of the Civil Rights Act of 1964. School had plenty of reasons to fire the coach because of record, behavioral issues, and allowing ineligible students to play. Coach was unable to show pretext.

Gaines v. NCAA

An athlete loses his amateur status when he enters a professional draft or enters into an agreement with an agent to negotiate a professional contract. Applies even if you receive no money or financial benefit from the agent, and even if the agent does not charge. Plaintiff is a football player.

Taylor v. Wake Forest Univ.

An athlete's scholarship was terminated when he decided not to play football. The court held that the scholarship was a contract and that in consideration of the award, the athlete agreed to maintain athletic eligibility, both physically and scholastically. By not attending practice he was in violation of the K.

Krueger v. San Francisco Forty-Niners

An injured professional football player brought an action for fraudulent concealment against his employer because the team allowed him to continue to play without revealing the true extent of his injuries, which permanently disabled him. Duty of full disclosure. Negligence and with intent, concealment.

Univ. of Denver v. Nemeth

An injured scholarship athlete WAS ALLOWED to recover workers' compensation on the basis that his agreement called for him to work in and about the tennis courts on campus. Although he was injured during spring football practice, it was held that the injury arose out of and in the court of his employment.

Hall v. NCAA

Basketball player entering college. Schools must only give scholarships and eligibility to "qualified" student-athletes. Student must complete certain core courses, obtain a certain GPA, and receive a minimum SAT or ACT score to be qualified. Scores are on a sliding scale. Student-athlete didn't meet the requirements.

Brahatcek v. Millard School Dist.

Coach's duty is to use reasonable care to avoid the creation of foreseeable risks to the athlete under supervision. Wrongful death action of a student who was hit in the head by a an accidently thrown golf club. Alleged failure to exercise reasonable care for the protection of the participant was in the nature of a failure to properly supervise ninth grade golf instruction. Instructor's failure to properly supervise was held to be the cause of plaintiff's death.

Kleinknecht v. Gettysburg College

Coaches never had a plan in case of emergencies. No trainers were at the practice. Lacrosse player died of cardiac arrest. The school owes a duty to a deceased player based on the relationship between the athlete and the school and the foreseeability of the fact that during an event a participant could suffer a serious injury. Players are owed a duty to prompt medical care and colleges are not immune under the Good Samaritan Law.

O'Bannon v. NCAA

College athletes can be compensated in the form of scholarships/grants-in-aid but CANNOT receive cash payments untethered to their education expenses.

Northwestern Univ. and College Athletes Players

College athletes cannot unionize

Hackbart v. Cinn. Bengals

Court allows recovery for injuries sustained in the course of a professional football game if they result from wanton (reckless) misconduct and are not directly related to the flow of the game.

Davidson v. U.N.C. at Chapel Hill

Court found that a special relationship existed between an injured JV cheerleader and the university, in that the defendant voluntarily undertook to educate the cheerleaders on safety, which thus created a separate duty of care.

Pistorius v. IAAF

Double amputee runner was allowed the opportunity to run against able-bodied athletes. Disability laws only require that an athlete be permitted to compete on the same footing as others. BOP is balance of probability.

Schaill v. Tippecanoe Cnty. School Corp.

Each student who wished to participate in interscholastic athletics would be subject to random drug testing.

Athletic Association Rules

Eligibility rules cover all of the possible permutations that might control a potential athlete, including age, years of participation, academic standing, gpa, length of hair, transfer rules, redshirting rules, number of semesters enrolled, marital status. All of these have been used to restrict the ability to participate.

Ross v. Creighton Univ.

Former scholarship basketball player sues his college for educational malpractice. Illinois did not recognize as CoA, too hard to judge, too many independent factors. Also Negligent Admission was rejected. Only admit qualified students leading to marginal and diversity underrepresentation.

Qualified Privilege of Fair Comment in Sports

Gives writers a protection (or defense) under defamation, against writing falsehoods, so long as the writing was made in good faith.

Q&D: Johnny Golfer

Golfer owed no duty to the injured golfer to protect him from harm that might result from the ordinary and ever-present risks of the sport of golf.

Milkovich v. Lorain Journal

High school wrestling coach was held not to be a public figure. Primarily an educator and a teacher. In contrast, a professional sport is a business that requires and facilitates media coverage. Opinions are usually not capable of defamatory content, however, assertions of fact are unprotected and capable of a defamatory meaning. Sports commentary that carries with it a "mixed opinion" is capable of implying an underlying defamatory fact and is actionable.

Uhler v. Evangeline Riding Club

Horse show participant was injured when she struck a utility guywire appurtenant to the horse arena. Riding club may have been negligent in failing to remove or relocate the guywire or failing to warn participants of its location. They may have also been negligent in failing to provide proper lighting in or near the arena. P wins if finding of strict liability.

Benejam v. Detroit Tigers, Inc.

Minor was injured by a baseball bat fragment. Court finds there is no duty to warn spectators that a ball or bat may leave the field. No duty for protective screening other than limited duty behind home plate.

No Pass, No Play

Interscholastic rules which require a minimum gpa. Texas was first to do. WV leaves the responsibility with each board of education. In Texas, all extracurriculars, 4H etc. WV only to non-academic extracurriculars. Privilege not right, constitutional, legitimate state interest.

Smith v. NCAA

Involved the NCAA's "post-baccalaureate bylaw," which prohibited students from continuing athletic participation while in graduate school if that school was different from their undergraduate school.

Spring Branch Independent School Dist. v. Stamos

Legislation adopted educational reforms called HB 72; maintain 70 average. The Supreme Court held that Texas' No Pass, No Play statute was constitutional on the basis that the rule was rationally related to a legitimate state interest and that participation in extracurricular activities is a privilege, not a right. Students not a suspect class alone. Extracurriculars are not a fundamental right.

Averill v. Lutrell

Liability was found when a catcher deliberately and without warning struck a batter.

Lawson v. Salt Lake Trappers, Inc.

Minor spectator who was struck by a foul ball assumed the risk of injury. No duty for adequate screening. Majority rule is that owner of baseball stadium has a duty to screen in the most vulnerable areas. Cites to Walter Champion twice. Duty to screen area behind home plate and to provide screened seats to as many spectators as would normally request such seats on ordinary occasion.

Title IX

No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program that receives federal financial assistance.

Dempsey v. Times, Inc.

Once public figure status is obtained, one can slip back into private person status through the auspice of the rule of repose. Heavyweight boxing champion was defamed 45 years after an alleged event in a Sports Illustrated article. In it, his manager claimed that he loaded his gloves with plaster-of-paris. Court held that reaching back that far was not within the New York Times standard, thus, the recitation of the glove incident was not cloaked by the veil of privilege.

Wilkinson v. Hartford Accident & Indemnity Co.

Owners are liable if they have actual or constructive knowledge of unreasonably hazardous condition. Prior knowledge of a reasonably discoverable but unreasonably dangerous condition was shown by a previous event when a visiting coach walked into the same glass panel. Kid fell through glass and bled to death.

Bourque v. Dublechin

P had personal injuries in a softball game against a member of opposing team. Court held that a participant does not assume the risk of injury from players acting in an unexpected or unsportsmanlike way with a reckless lack of concern for others participating. Duty to play softball in the ordinary fashion without unsportsmanlike conduct or wanton injury to fellow players.

Martin v. PGA Tour, Inc.

PGA's "no cart" rule violated the ADA as regards the rights of a challenged golfer. Disabled golfer allowed to use a cart. Argued allowing cart would fundamentally alter the nature of the game. ADA forbids discrimination against disabled individuals, public accommodation in title III. Walking is optional rule buried in the appendix.

Red-Shirting and Anti-Red-Shirting Rules

Red-shirting refers to the process of holding back students academically so they can mature physically. Ant-Red-Shirting refers to rules limitations by athletic associations to prevent this (such as four-year-rules, age, or eight-semester-rules). Common goal of restricting eligibility to a certain time period. The goals are to prevent redshirting athletes with potential and prevent anticompetitive practices.

Hill v. NCAA

Plaintiffs argue that the NCAA's urine drug testing program was an invasion of the student's right to privacy. The Supreme Court of CA found that the NCAA's drug testing program did not violate the athlete's constitutional right to privacy.

State v. Shelley

Possible criminal charges from a recreational basketball game. Damage was inflicted by intentional striking. No consent if the conduct as not a reasonably foreseeable hazard. Punching is not a foreseeable hazard of a basketball game. Consent is not just for injuries in the game, but also those outside of the rules that are reasonably foreseeable. Relying on rules of the game is too limiting.

Bloom v. NCAA

Professional skier is also a talented college football player. NCAA draws a clear line between amateurs and professional athletes. Did not want to slide down the slope by allowing endorsement income from skiing, while the athlete is an amateur. Opens the door to other athletes receiving endorsements.

Education Amendments of 1972 - "Title IX"

Prohibit against discrimination. Do not require preferential or disparate treatment because of imbalance in participation or receipt of Federal benefits; statistical evidence of imbalance.

Vernonia School Dist. 47J v. Acton

Public high school's student-athlete drug testing policy did not violate the student's right to be free from unreasonable searches. Lessened expectation of privacy because of locker room mentality. Athletes are role models and must be held to a higher standard. "reasonableness inquiry cannot disregard a schools custodial and tutelary responsibility for children."

Carabba v. Anacortes School Dist.

Referee Liability Referee's duty to properly supervise the athletic contest. A wrestling referee was held to be negligent for not properly supervising a match. School district duty, to anticipate reasonably foreseeable dangers and to take precautions protecting the children in its custody from the danger. Referee acting as an agent.

Civil Rights Restoration Act

Rewrote Groves through legislation. Extended the definition of "program" or "activity."

Griggas v. Clauson

Rockford athletic club basketball team. Participants assume the risk of unintentional injuries, but do not assume the risk of injuries that are intentional or result from a disregard for safety. However, an injured participant cannot recover from another participant if the latter did not breach a recognized duty of care. Here, liability was found when a basketball player struck an unprovoked blow to an opponent whose back was turned.

NCAA Constitution, Art. 4, Organization

Rules to know are: General Power to Discipline; No agents; Drug Tests; GPA Requirements

Death Penalty

SMU is most known victim. Numerous rule violations. Specifically for repeat offenders. Most serious. Can be for one or two seasons, eliminates recruiting and grants in aid, staff members on committees must resign (ineligible for 4 years)

Schentzel v. Philadelphia National League Club

Schentzel, although aware of the game of baseball, was attending her first game. She was struck by a foul ball. Court concluded that such injuries are a matter of such common everyday practical knowledge as to be subject to judicial notice. Taking judicial notice of foul balls.

In Loco Parentis

School is held to the same degree of care as the player's parents. Standard of reasonably prudent parents acting under similar and comparable circumstances. No duty under for a college to prevent an adult student from becoming excessively intoxicated with resulting severe bodily injury to himself while on a college-sponsored expedition at an out-of-state resort.

Education Dept. Regulations Accompanying Title IX

Separate teams: Members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport. Contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports which involve major bodily contact. Equal opportunity.

Coaches Contracts

Similar to players' contracts with added caveats of no job security, no standardized contracts, no unions, and compensation packages.

Northcutt v. Sun Valley

Skier was injured by another skier in a collision. Forced skier into a signpost. Operator had no duty to eliminate, control, or lessen the risks of the sport beyond those stated in the act. No statutory duty to post signs, no duty to accomplish this to any standard of care. Operator was not liable for the improper placement of guiding signs.

Israel v. WV Sec. School Activities Comm.

Skilled female baseball player had the right to try out for the high school team, even though school did have softball as an alleged option. Separate okay if similar, baseball and softball are not substantially equivalent. Violated equal protection.

Golf Carts; Unreasonably Hazardous Conditions

Steep, hilly golf cart path. Golf carts may be unreasonably dangerous.

Neal v. Fulton Cnty. Board of Education

Substantive due process rights protect a student from corporal punishment that is intentional, obv. excessive, creates a foreseeable risk of serious injury. Not within valid school policy authorizing corporal punishment.

Recreational Use Statutes

Substitute private land owners for governmental entities in a type of sovereign immunity variation. Landowners who allow free recreational use of their property do not have a duty to keep their premises in a safe condition or a duty to warn of dangerous conditions. If a fee is paid, the immunity is inapplicable.

Trinidad School Dist. No. 1 v. Lopez

The CO Supreme Court found that suspicion less urine tests were unconstitutional when applied to band members. Court took issue with the voluntariness and that the communal undressing was more common with student athletes and not band members. No demonstrated risk physical injury could occur.

Indianapolis Colts, Inc. v. Metro. Baltimore Football Club Limited Part'ship

The Indy Colts and the NFL sued the CFL's (Canadian Football League) Baltimore franchise in their attempt to call itself "Baltimore CFL Colts." Found for Indy Colts (formerly Baltimore Colts), because the name "Baltimore CFL Colts" was likely to confuse a substantial number of consumers.

NCAA v. Lasege

The KY SC held that the trial court was unable to enjoin the NCAA from imposing restitution sanctions against a university and student-athlete because the university voluntarily agreed to abide by the rules and regulations of the NCAA.

Tomjanovich

The NBA game, Lakers player (Kermit Washington) punched another player causing a concussion and a broken nose, jaw, skull, facial lacerations, leaking spinal fluid, loss of blood. Lakers were vicariously liable because they knew about and encouraged his behavior. Deemed the league's "enforcer". Victim won a huge settlement (3 mil).

NCAA Consent Form

The NCAA requires that all athletes annually sign a consent to a drug testing as part of their three-part statement and consent form on eligibility, recruitment, financial aid, amateur status, an involvement in organized gambling.

NCAA v. Tarkanian

The NCAA's interactions regarding student eligibility will probably no longer be viewed as state action, eliminating protection from the 14th Amendment Due Process and Equal Protection Clauses. The State Action comes from the school not the NCAA. All actions by state high school activities association will usually be construed as state action for constitutional purposes.

NCAA v. Board of Regents

The Supreme Court declared that the NCAA's football television plan was unlawful under a rule of reason analysis. Deemed an unreasonable restraint of trade in violation of the Sherman Act.

Brentwood Academy v. Tenn. Secondary School Athletic Assoc.

The Supreme Court held that a high school interscholastic athletic association's rule that prohibited the use of undue influence in the recruitment of student-athletes was state action for purposes of the 14th Amendment. (pervasive entwinement of public institutions and public officials in its composition)

Univ. of Colorado v. Derdeyn

The Supreme Court of CO found that the university's random, suspicion less urinalysis drug testing of student-athletes was an unconstitutional search. Absent voluntary consents. Locker room mentality argument. "clearly significant intrusion."

Grove City College v. Bell

The Supreme Court ruled that only those programs within an institution that receives federal direct financial assistance from the federal government should be subject to Title IX. Since this decision was not Congress' intent, it then passed the Civil Rights Restoration Act of 1987, which rewrote the definition of "program" or "activity."

NCAA v. Jones

The TX SC reinforced the NCAA's ability to issue retroactive penalties under its "restitution rule." Just because eligibility has been used up, doesn't mean the appeal is moot. Allowing for forfeiture of wins, individual achievements, awards.

Cureton v. NCAA

The alleged disparate impact on African American student-athletes was inapplicable to the freshman eligibility rules under Title VI.

Hooliganism

The best examples are at European and Mexican soccer matches of hooliganism or spectator violence. Majority involve international fans, sanctions in the form of joint ventures such as euro conv on spectator violence. In US, drunk baseball fans come closest.

Haffer v. Temple Univ.

The court agreed to a settlement that outlined changes in Temple's athletic program. Although applied to only one school, it has been viewed as the paradigm for collegiate compliance with Title IX.

Kelley v. Metro. County. Board of Education

The court held that due process was denied when a school board suspended the interscholastic sports program of an all-black high school for one year, without a formal charge or hearing.

Dodson v. Arkansas Activities Assoc.

The court held that half-court basketball for girls violated equal protection. Defendants lack any reasoning to why there is a difference between boy's full court and girl's half court, other than "it's always been this way in AR."

DeFrantz v. United States Olympic Committee

The court held that the United States Olympic Committee had the authority to boycott the 1980 Olympics because of the USSR's activities in Afghanistan. USOC by charter has exclusive jurisdiction and authority over participation and representation of the US in the Olympic games.

Todd v. Rush County Schools

The court held that the drug testing program, prohibited students from participating in any high school extracurricular activity or driving to and from school unless the student and parent consented to a test for drugs, was consistent with the 4th Amendment. Can retest if have a reasonable suspicion (two or more failed test), if retest with reasonable suspicion can be subject to discipline.

Jackson v. Birmingham Board of Education

The court reasoned that retaliation against a person because that person has complained of sex discrimination was another form of intentional sex discrimination encompassed by Title IX. The Supreme Court held that a male coach who claims sexual discrimination on behalf of others is protected from firing under Title IX.

Williams v. Cox Enterprises

The court upheld a waiver in a 10,000-meter road race in which a participant suffered injuries as a result of heat prostration and exhaustion. He admitted to reading and understanding the waiver. He was not under duress to enter the race.

Grube v. Bethlehem School Dist.

The court upheld an injunction allowing a high school student to play football even though he has only one kidney. Rehabilitation Act. No person who is otherwise qualified shall be excluded solely due to the handicap.

Rensing v. Indiana State Univ. Board of Trustees

The issue was whether an injured scholarship athlete was eligible for worker's compensation. The court held there was intent to enter into an employee-employer relationship at the time the parties entered into the agreement.

Canada and Ice Hockey

The prosecutors in Canada far more often use criminal laws against hockey players who initiate violence against opposing players. Consent is a sticking point. Three types of consent: implied by participation, implied by specific acts, and public policy limitation on one's ability to consent.

Begley v. Mercer Univ.

The school terminated a scholarship agreement when it discovered that the student did not have the required GPA. The court held that since the student did not meet one of the conditions of the agreement, he could not expect the school to perform its part of the contract.

Brennan v. Board of Trustees for Univ. of LA Systems

The student-athlete expectation of privacy was diminished because of the locker room environment. This was NCAA drug testing. He was warned. Used sex and nutritional supplements as an excuse.

International Olympic Committee (IOC)

The supreme authority of the Olympic movement.

City of Atlanta v. Merritt

Whether a minor baseball spectator assumes the risk of being struck by a foul ball. Most courts find for the defendant on the grounds that the injured minor either knew or should have known of the potential for danger. However, here, the court held that a factual question existed as to whether the injured 8 y/o appreciated the risk of watching the game in the unscreened, high-risk picnic area adjacent to the right field line. Infants under fourteen years of age assume the risk of those patent, obvious, and known dangers which they are able to appreciate and avoid.