Sports Agent and Sports Lawyer Blog

Are Youth Sports Lawsuits Out Of Control?

Thu, 02 Sep 2010 05:59:39 -0500

What is happening in the world of youth sports? According to this article, youth sports has a major problem, one that could result in lawsuits or other types of legal action.

Experts say those figures, derived from news stories about the events, grossly under-represent the extent of the problem because no one tracks inappropriate behavior involving youth sports. While some leagues have their own rules, there are no across-the-board mandates for background checks, vetting of qualifications or required training for coaches. Across the country, bad behavior at youth-sports events continues to spoil the fun.

From reading the article, one would get the impression that every Little League game is a potential lawsuit waiting to happen. I think as with most alarmist newspaper reports, the truth probably lies somewhere in the middle. Nevertheless, as a sports attorney I can report anecdotally that I get more inquiries about youth sports lawsuits than ever before. Still, I am not certain that the increase in news reports indicates more violence and inappropriate behavior as much as it indicates the increased likelihood that any deviant behavior will be instantly reported and disseminated worldwide.

Baseball Draft Prospects: MLB Or Back To School?

Mon, 30 Aug 2010 10:40:33 -0500

We have written extensively about the excruciatingly complex and confusing world facing a baseball prospect who has been drafted and is still considering going back to school instead of signing with the team that drafted him.

Among our blog entries about baseball draft prospects and signing bonuses, are these articles: here, here, here, here and here.

As Yahoo! points out in this article, the system is broken, but help for the player may be on the horizon:

While the NBA works with college basketball and NFL works with college football to put prospective professional athletes in the best developmental situations possible, the relationship between MLB and college baseball seems tenuous at best.
The MLB draft signing deadline is at the forefront of the debate.

Before 2007, there was no draft deadline. High school recruits selected in the draft had the opportunity to sign until they walked into a classroom as a full-time student. Every college coach we’ve spoken with remembers walking some players to class, hoping they didn’t receive a phone call at the last second offering an insurmountable amount of money.

What this illustrates is a truth which cannot be denied. If you are a baseball prospect who is being followed by scouts, your family needs to consult with a qualified baseball advisor (remember, you cannot sign with an actual agent) to help you navigate the road ahead. While it is true that the advisor ultimately earns a commission based on the player's signing bonus, remember that this could be the most important financial decision you will ever make, so professional advice is crucial.

Life (And Finances) Of A Baseball Prospect

Tue, 24 Aug 2010 10:50:39 -0500

Every player who has ever dreamed about playing professional baseball, and every agent who has ever considered representing pro baseball players needs to read this terrific article about life in the minor leagues.

(More frequent and more in-depth blogging is expected to resume next month).

When A Coach Is Fired: Sometimes It’s About Performance

Tue, 17 Aug 2010 08:49:56 -0500

When Montana State fired women’s basketball coach Robin Potera-Haskins, the coach thought she was wronged, so she filed a sports lawsuit. A federal judge decided the school was right to fire her.
In a scathing ruling, the judge wrote the following after a four-day bench trial:

"Plaintiff's significant deficiencies, shortcomings and lack of qualifications to serve as head women's basketball coach at MSU were clearly articulated by substantial credible evidence grounded in personal experience by former players," Haddon wrote in a ruling handed down Tuesday.

In fact, the judge rules that the school not only was right in firing the coach but the school would have been failing in its responsibilities had the institution allowed the coach to continue in her employment.

"Not only was the university justified in terminating plaintiff, it may have been derelict in meeting its responsibilities if it had not done so," Haddon wrote. "If any criticism of what it did could be said to be justified, it would be that action should have been taken sooner than it was."

Interestingly the article reports that the coach actually got a new job as head coach at Linfield College in McMinnville, Oregon.

Time Running Out For Unsigned 2010 MLB Draft Prospects, Part Two

Mon, 09 Aug 2010 15:16:50 -0500

Editor's Note: This is Part Two of this blog entry. For part one, click here.

There is another major flaw in the slotting system other than some teams being taken advantage of and it has more to do with other sports. The NCAA seems to have less interest in baseball and does not make it easy to attract players to become college baseball athletes. They only allow 10.5 scholarships to be given out for an entire roster. This all but eliminates those athletes that do not have the money to spend time going to school for any longer and lowers the level of talent at least marginally. Players are more likely to accept a college offer to play basketball or football.

If they are extremely committed they might decided to play multiple sports, but what happens when a student athlete receives interest from MLB teams as well as either the NBA or NFL? This is where the slotting problems come into play since a bonus given by another major sport would more than likely be higher than what would come from an MLB team. The Red Sox are one team that have dealt with this situation recently on a few different occasions and won. Some of their most prized prospects such as Casey Kelly, Will Middlebrooks, Ryan Kalish, and Brandon Jacobs received a lot of attention from NFL teams, but the Red Sox were able to outbid these teams for their services.

The other unintended consequence of the slotting system is that High School players now become more attractive than college players since the talent level is higher. All disparities in wealth are non-existent with High School players because they do not have interest in college and want a more direct route to the pros. Major League teams typically have more interest in High School players because the talent pool then becomes deeper. Since High School players are taken so often, the talent entering the NCAA is not at as high of a level that it should be.

Rules administered by the MLB and NCAA do not help the overall landscape of baseball talent across the country and should be altered. Pushing great athletes into other sports just because of some friction coming about from rules should not be the root of a player's decision. Each player should make their decision based on their best interests including education, finances, and leverage. Any signings that still have not taken place could be a result of slotting discrepancies where a player feels they deserve more than what is being offered and the MLB must approve a higher bonus than what their slot allows. As of recent weeks approved bonuses should be around $350k for the 6th round and later and about 10-15% for players drafted between the 1st and 5th rounds. For any drafted players or players hoping to be drafted next year that are unhappy with the draft slot they were placed into or the money they are receiving, so advice I can give is to not necessarily "hold out" until the mid August deadline. Get involved in any type of summer league or showcase that you can display your skills and show teams what they are missing out on if you decide not to take their offer. There are ways to deal with negotiations that will end in all sides being happy and with proper counsel it can be more than possible.

Time Running Out For Unsigned MLB Draft Prospects, Part One

Fri, 06 Aug 2010 05:08:00 -0500

In our prior blogs regarding the 2010 MLB Draft, we talked about leverage and whether or not a player should accept an offer to play professional baseball. I went into detail outlining "signability" and who has the best positioning to push a Major League ball club around. In this post-draft edition for those prospects still unsigned, we will cover some afterthought of the draft and where in the process player negotiations currently should be in association with the slotting system and bonus money. Additionally, I intend to point out some issues or "holdups" that might have reared their ugly head.

Occasionally teams give hints to the players they are most interested in and therefore the player has a good idea of where they are going to wind up. If it does not work out it could be because of "signability," money, and other times a combination if players are represented by certain agents. Teams know from prior dealings which agents they are (or can be) on the same page as. For example, in 2004, Kevin Towers wanted to pick between Jared Weaver and Stephen Drew with the first pick in the draft. Since the owner did not want to pay for the high price tag or deal with mega-agent Scott Boras, Towers selected a local shortstop named Matt Bush who was rumored to have off-field issues which later proved to be true. Many teams tend to be discouraged by the very thought of negotiating with certain agents. Other times, teams take the easier route by selecting easy-to-sign players with low ceilings. This is something that has led the Pirates into a rhythm of drafting and signing players with this description from 2000 to 2008. They possessed the first pick in the draft and passed on a player by the name of B.J. Upton and instead took Bryan Bullington.

There are still a number of 2010 draft picks who have not yet come to terms with the ball clubs that drafted them and it could be for any number of reasons. There are always prospects that are projected to go higher or lower than where they ended up. Much of the time it has to do with the player "showing their cards" in a way to the team, hinting that they are going back to school or definitely going to enter the MLB. The problem with a player not staying neutral in their decision comes about when the draft board for each team is put up and they do not want to make a risky move by taking someone that will become a wasted pick and result in the player falling down many rounds. On the other hand if an athlete lets on that he has no intention of staying in school he might get drafted around his projected slot, but have no leverage when it comes time to negotiate his bonus. This issue of letting a team know of what the player's intentions are can lead to players holding out and not being satisfied with what is being put on the table.

Another factor that might have had a role in pushing back negotiations is the MLB's slotting system where bonus money is determined mainly by the league. It has not worked very well because of a select few teams such as the Tigers, Yankees, and Red Sox who do not believe the Commissioner's office want to help them out and as a result come away with decent draft classes if not for any other reason than their willingness to spend money.

For Part 2 of "Time Running Out For Unsigned MLB Draft Prospects" check this space on August 9, 2010.

Unfair Discrimination In Swimming?

Wed, 04 Aug 2010 15:05:05 -0500

Over the past two years there have been at least four civil lawsuits filed involving inappropriate behavior of male coaches towards female swimmers. When two USA swimming officials publicly criticized the organizations failure to protect its athletes from sexual predators, they were denied future officiating opportunities. Now the male officials claim they are victims of retaliation.

Michael Saltzstein, a stroke-and-turn judge at the Beijing Olympics, was one of the men who filed this complaint. Saltzstein sent an e-mail to members of USA Swimming containing a six-point plan to help prevent sexual misconduct in the sport of swimming. Less then a week later he was informed that he would not being re-nominated to FINA, thus preventing him from working at international meets.

The arbitrator has ruled in favor of Saltzstein. "The arbitrator said USA Swimming was “arbitrary” and “capricious” in making selections for FINA referees and excluding the official.... USA Swimming must re-nominate him to FINA."

It seems the arbitrator made the correct decision in this case. USA Swimming did not have a valid claim as to why Saltzstein, a veteran official, should not be re-admitted to FINA. Thus he should not lose his job over proposing a plan to protect other female swimmers.

Sports Lawsuit Central: Lock Haven University

Mon, 26 Jul 2010 05:28:23 -0500

In January, we blogged about a swim coach discrimination sports lawsuit at Lock Haven University.

Former Lock Haven University swim coach George Garlick filed a sex discrimination lawsuit, alleging a hostile workplace environment which led to his dismissal in 2005. According to this article, Garlick was a successful coach who turned around the men’s and women’s teams from perennial cellar-dwellers to top-ranked programs.

Recently USA Today picked up on the fact that seven lawsuits have been brought in recent years against the Lock Haven athletic department. What is unique about this situation is that it can be classified as a reverse-discrimination situation because of the allegations that the women’s teams are better supported than the men’s teams. Here is a rundown:

Taylor filed a defamation suit against five men affiliated with a community group called Preserving the Legacy of Wrestling (PLOW) plus the general manager of a sports radio station. (Taylor argues she is not a public figure because athletics directors at state schools in the Pennsylvania State Athletic Conference are faculty members who do not make personnel decisions or supervise coaches, who are members of the same union.)

•Wilson filed a federal civil rights suit against LHU and Taylor alleging he is held to more stringent job requirements than other coaches because he is black.

•George Garlick, former women's swimming coach whose contract was not renewed, filed suit against LHU alleging Taylor favors women over men for coaching positions. (He was replaced by a man. LHU has eight head coaches who are men and five who are women; some coach more than one sport.)

•Wrestler Landis Wright filed suit against Taylor and others alleging he was forced off the team and lost his scholarship because of negligent supervision and retaliation.

•LHU paid Rudy $200,000 to settle a suit in which she contended female coaches were paid less then their male counterparts in the Pennsylvania State System of Higher Education.

•Guerriero got a settlement of $47,500 after filing suit alleging he was moved from a job as assistant athletics director for speaking out against what he charged was a sexually hostile work environment.

•Guerriero won $60,000 in compensatory damages in a federal civil rights retaliation lawsuit. He said he was unfairly removed from a sports marketing job (in development, not athletics) that was part of his original settlement. He is a full-time faculty member with tenure.

Baseball Player Sues Helmet Maker and MLB

Fri, 23 Jul 2010 06:44:09 -0500

When you put on a helmet and step on the field there is an idea that it is supposed to provide you with some measure of protection. Why else would they be required? I am sure that’s what Jordan Wolf thought when he walked up to what would turn out to be his final at-bat.

Wolf, a member of the 2008 Baltimore Orioles' Class-A farm team, was hit in the head with a 93-mph fastball. The impact resulted in a skull fracture stretching from his ear to the top of his head. Wolf lost all feeling on the right side of his body and his ability to speak due to a brain hemorrhage. Two years later the 25 year-old has been diagnosed with epilepsy and suffers from multiple seizures.

Wolf is now suing Rawlings, the helmet manufacturer, and the MLB for failing to provide him with adequate protection. Not surprisingly, lawsuits against helmet manufactures have been around for years. In one case, a 14 year-old boy was rendered quadriplegic when a teammate struck him on top of his helmet during a high school football game. The helmet company, Athletic Helmets, lost this $12 million lawsuit. Here the court found that Athletic Helmets’ warnings and instructions for use were inadequate, not that the helmet was defectively designed.

Are these injuries just a risk of the game, or will Wolf be successful in proving that Rawlings and/or the MLB should have know his helmet was inadequate? New helmet designs make it obvious that proper helmet protection is important to prevent serious injuries. Rawlings, the official MLB equipment supplier, has since changed their helmet designs and introduced one that can withstand a pitch up to 100mph. Also the NFL recently introduced a new helmet design to provide their players with more protection from serious injury. This might be a sign that these companies and organizations knew their old designs were inadequate.

When The Agent Is Sued And The Player Is Caught In The Middle

Wed, 21 Jul 2010 06:25:48 -0500

We have seen it before – a prominent sports agent leaves his company and takes some of his star clients with him. One of the most prominent examples recently is Dan Lozano, who left BEST, and took his top clients including Albert Pujols. Lozano did not end up in litigation, but sometimes the agent and his former employer end up mired in a lawsuit. For instance, Matthew Baldwin is a prominent sports agent who left a firm and then ended up in court against his former employer.

In England, star soccer player Wayne Rooney apparently became mixed up in a lawsuit when his former agent left his firm.

Sports management firm Proactive sued him saying he owed them commission on a number of lucrative deals. Proactive's former agent, Paul Stretford, took Rooney with him when he left the firm in acrimony in 2008.
Despite Proactive claiming he should have paid them 20% commission on his multi-million pound deals because the contract had not been properly terminated, Judge Brendan Hegarty QC ruled in the footballer's favour.

It appears to me that Rooney may have benefited from what may be termed a loophole insofar as the actual agent-player contract itself was ruled to be invalid. Therefore, Rooney was lucky. Had the contract been valid and Rooney chosen not to pay the agency which negotiated his commission, the result likely would have differed.

Youth Sports Lawsuit: Baseball Coach Sued Over Hit Batter

Mon, 19 Jul 2010 06:22:53 -0500

What is your first reaction when you hear that the father of a youth baseball player has sued a coach because his son was hit by a pitch?

First you think about how our society is too litigious and parents need to take a deep breath and let kids be kids, right? In this instance, however, the facts bear closer scrutiny.

According to the article, a coach on one team instructed his player to purposefully throw at a player on the opposing team. The batter allegedly broke two bones in his left hand as a result. Now the lawsuit seeks compensation for medical expenses and pain and suffering.

So what’s wrong with this picture? If the facts as depicted are true, then the hit batter has every right to recourse against the coach. Coaches have a high level of responsibility to the safety of not just their own players but to all players in the league. It is good sportsmanship.

It is also illegal to order a kid to hurt another kid. Think about it for a second. If there wasn’t a baseball game going on, do you think a parent would be held accountable for telling his kid to throw a ball at another kid? Of course. That would be potential criminal and civil battery. Therefore a coach should be held accountable if he ordered a player to try and injure another player in a game.

Pro Athletes As Brands: What Is Your Agent Doing For You?

Fri, 16 Jul 2010 08:34:49 -0500

The NFL Players Association (NFLPA) has previously been to court regarding the use of players names and statistics on online fantasy football leagues. Last year in a case with CBS Interactive, the court concluded that the use of this information is protected under the First Amendment. This meant that the players names and statistics were seen as publicly available information and CBS could use this player information without paying a fee. The NFLPA is now appealing.

CBS is not the NFLPA’s only nightmare. Yahoo! recently alleged that the NFLPA has threatened to sue them if they continue to use players stats and other related information without paying proper royalties. The two parties had a licensing agreement regarding this issue, but when that ended in March of this year, Yahoo! now believes they should not have to continue to pay for this information. However only a month after the lawsuit was filed in a Minnesota court, the parties have apparently agreed to settle. The details of this settlement were not made public.

This type of action brings in the question of what should players be compensated for. They are essentially a brand. They add value to their teams and to items they are associated with. Athletes perform on the field and people off the field are making money selling their brand. Take Oakland A’s pitcher, Dallas Braden for example. Soon after Braden’s encounter with A-Rod where yelled at him for crossing over his mound, souvenir stands began selling “Get Off My Mound” T-shirts. The A’s marketing department went to get the shirt approved by the MLBPA, but it was rejected. Thus to get around this they redesigned the shirt so it does not have Braden’s name on it, although it does have a silhouette of him throwing a pitch. It is obvious they are making money off of Braden’s actions, but is something wrong with this picture if Braden is also not earning anything?

As an athlete you are not always aware of when and how and when your brand is being used for profit. You work hard to prove yourself on and off the field and others should not be taking advantage of your success. This is why it is important to have an agent to look out for you. Your agent can and should make sure your brand is protected. They are familiar with the law and know what you are entitled to.

Sports Law: Can Home Schooled Students Play Varsity Sports?

Wed, 14 Jul 2010 05:32:53 -0500

Thousands of children are home-schooled in every state, but does that mean they should be ban from participating in public school athletics? Louisiana recently passed a law allowing it this type of participation, but there is still some debate among superintendents on what effects this new law will have on the upcoming school year.

The law says any home-schooled student who is allowed on a high school team must live in that school's attendance zone, fulfill the same academic and physical requirements of other student-athletes and can be kicked off teams, as any other student. The law says parents must provide insurance and cannot sue if a school rejects or dismisses a home-schooled student from playing sports.

Apparently, Louisiana officials are uncertain about the ramifications. Suffice it to say, the issues will play themselves out over the coming school year and beyond. The bottom line is that this is probably good news for kids who are home schooled. It also means that those kids - and their parents, of course - need to ensure that they comply with the eligibility requirements as defined by the law.

Probably two of the most famous athletes that have come from home-schooling backgrounds are football stars, Tim Tebow and Jason Taylor. Grown up in Pennsylvania Taylor was allowed to play at his local high school, while Tebow, a Florida resident, was also allowed to play in high school and became the first home-schooled athlete to be nominated for the Heisman Trophy.

Since 1996, Florida legislation has allowed home-schooled students to participate in athletics at schools within the districts they live. Tebow's success has also inspired citizens of other states to propose legislation allowing equal access for home-schooled children. A few states, such as Alabama, have even named this proposed legislation the "Tim Tebow Bill."

Currently about 24 states allow equal access to home-schooled children, and each state involves different eligibility requirements. If your children are home-schooled and looking to participate in public school extracurricular activities it would be wise to consult a sports lawyer to be sure you comply with your states requirements.

Unsigned Baseball Draft Prospects: Who Is Working For You?

Tue, 13 Jul 2010 04:08:05 -0500

With the Major League Baseball All-Star Break upon us, now may be a good time for any unsigned prospects who were selected in last month’s draft to re-evaluate their options.

If you did not sign, you are probably either (a) leaning heavily toward going to college if you are a high school player, or back to college if you are a junior college player or (b) waiting for others in the top rounds to sign so that you can sign for something over the MLB recommended slot. Some players may be in another state of mind entirely, however. They may be wishing they could sign, but they are being low-balled by the team that drafted them.

Remember, you have just over one month to sign. The deadline is 11:59 p.m. on August 15, 2010. If you have not yet signed, it may be time to consult an adviser and see if the adviser can assist you. Up until now the team has probably been negotiating with your family. If you have not yet signed, it is probably time to be honest and realize that these negotiations have been unsuccessful. Even if you are fine with an outcome that results in you going back to school instead of launching your professional baseball career, don’t you think you should at least let an adviser try to see if he can assist you in working out a better deal?

For this blog’s earlier analysis on the MLB draft and a breakdown of the bonus structure, see these links here and here and here. Remember that fewer than 10 percent of players who are drafted will make the major leagues. This means that the payday you might be about to receive from the team that drafted you could be the largest single paycheck of your entire life. Don't you owe it to yourself to let an adviser see if he can help you?

Youth Sports Lawsuit: Waivers Unenforceable?

Mon, 12 Jul 2010 05:55:38 -0500

Every year parents of youth sports athletes sign waivers of liability that are required before the first practice. It happens millions of times a year all over the United States. If the parent has ever reviewed the details of the waiver, they all seem the same: They protect the team or league and all of its employees, including volunteer coaches, against liability.

A shocking development out of Michigan has threatened to turn this standard procedure completely on its head. According to the Michigan Supreme Court these waivers are not. In a recent case, Woodman v. Kera, the court held under Michigan law that waiver-of-liability forms signed by parents on behalf of minors are unenforceable.

Key to the court’s decision was the holding that under the common law in Michigan a minor lacks the capacity to enter into a pre-injury waiver, and that the minor’s parents also lack the legal capacity to bind their child to such contract.

This decision may be overturned quickly by the state legislature, which has the authority to make such waivers enforceable. Imagine the ramifications of the youth sports waivers not being enforceable in a court of law. No one would coach or organize youth sports and insurance premiums would skyrocket.

The decision in the Woodman case is contrary to that of many other Midwest States. Here in Florida decisions on this issues have not been very consistent. In a 2004 case, Gonzalez v. City of Coral Gables, the Third District barred a mother's claim on behalf of a minor child when he got hurt at camp. This was based on the fact that she had signed a pre-injury release form before his participation.

Similarly in 2007 the same court found a parents’ execution of a pre-injury release enforceable for participation on the high school cheerleading squad. However the appellate court held that pre-injury releases are unenforceable as against public policy. The court stated that its decision was limited to commercial enterprises because, "they can insure against the risk of loss and include these costs in the price of participation."

It remains to be seen whether Michigan’s outcome will affect Florida youth sports law and whether the entire landscape of the youth sports scene will change. If you are a parent or coach and have questions about a waiver’s legal precedent or whether a lawsuit can still occur despite a waiver of liability, consult a sports attorney.