Sports and the Law: Barry Bonds, Oscar Pistorius, Brandon Jennings, and More
If you’re a Biglaw associate, you probably know that feeling when all of your matters heat up at once. In academia, that feeling comes far less often. This week, however, there has been an unusual amount of movement in the world of sports law. Here is some of what is going on (and without even delving into Rudy Giuliani’s son’s lawsuit against the Duke Golf Team — we may have more on that later — or today’s prison sentences for NBA referee Tim Donaghy’s alleged co-conspirators).
Judge Places Marlins New Stadium on Hold
Although Miami-Dade Circuit Judge Jeri Beth Cohen was originally expected to rule this week in Norman Braman’s fight to keep Miami-Dade County from building a new ballpark for the Florida Marlins (previous blogged about here), Judge Cohen announced that she would delay her ruling on one particular issue — whether Article VII, Section 12 of the Florida Constitution requires a public vote before the county could pledge stadium bonds — until the Florida Supreme Court announces its decision in a rehearing of an important case on the matter, Strand v. Escambia (PDF). With the Florida Supreme Court on recess until the third week in August, Marlins president David Samson is angered — even if Judge Cohen eventually rules in the Marlins favor, the team may not have enough time to get their new stadium ready for Opening Day 2011. (Then again, a recent survey indicates more than half of Miami-Dade County residents would be upset if their tax dollars went to build this new stadium).
Bonds’s Agent Renews Collusion Concerns
On the eve of baseball’s all-star game last Tuesday, the agent for Barry Bonds renewed his concerns of collusion by MLB club owners (previously blogged about here). Bonds’s agent Jeff Borris claims he recently offered Bonds’ services to “numerous” clubs for the major league-minimum salary of $390,000, but there were no takers. It remains very surprising that not a single one of Baseball’s thirty teams is interested in Bonds’ services, especially now that Bonds’s perjury case has been delayed until next year. Although a successful collusion grievance would require showing that club owners had a common understanding to boycott Bonds, MLB clubs should be mindful of language from Arbitrator George Nicolau’s famous Collusion II ruling (decided Aug. 31, 1988) that explains “it is not one piece of evidence, but the evidence taken as a whole that tells us where a common understanding exists,” and lack of offers where, in a free market, offers would be expected helps to prove collusion.
Read more — about Oscar Pistorius, Brandon Jennings, and the Seattle Sonics settlement — after the jump.
Pistorius Misses Olympics Cut
Oscar Pistorius, the South African runner who uses artificial legs, last week barely missed the Olympic cut, as he failed to meet the 400-meter qualifying time of 45.55 seconds, despite running a personal best 46.25. In January, the International Association of Athletics Federation (“IAAF”) had declared Pistorius ineligible to compete in Olympic play because the IAAF concluded that Pistorius’s artificial legs violated a rule against “use of any technical device that incorporates springs, wheels or any other element that provides the user with an advantage” (previously blogged about here). However, with the pro bono help of Dewey & LeBoeuf partner Jeffrey Kessler, the Court of Arbitration for Sport overturned the IAAF decision (blogged about here). Pistorius now plans to begin training for the 2012 Olympic Games.
Brandon Jennings Going to Italy
Eighteen-year-old high school graduate Brandon Jennings, who decided that he would rather earn money than provide his services pro bono to the NCAA (previously blogged about here), has officially signed a contract with Pallacanestro Virtus Roma in Rome, Italy. Jennings’s contract is a multimillion dollar deal for a guaranteed three years but includes a buyout provision that allows him to leave for the NBA as soon as he becomes eligible pursuant to the league’s age/education requirement. Jennings will be playing alongside seven-year NBA veteran Premoz Brezec (a 2000 1st round NBA pick), who averaged career-highs of 13.0 points and 7.4 rebounds per game during the 2004-05 NBA season. Combined, the two should win plenty of games, and lure plenty of scouts.
Seattle Voter Tries to Get Ballot Initiative to Block Key Arena Settlement
Unhappy with the city of Seattle’s recent settlement with Sonics owner Clay Bennett that opened the door for the team to move immediately to Oklahoma City (previously blogged about here), one taxpayer, Jordan Brower, is trying to get a referendum placed on the November ballot to overturn the city’s settlement agreement. According to Kathy Mulady in the Seattle Post-Intelligencer, “Brower has until about Aug. 15 to collect nearly 15,000 signatures to put the referendum on the ballot.” This plan may sound a tad quixotic. However, Brower’s attempts at getting a voter referendum may actually have a better chance of working than Howard Schultz’s lawsuit seeking to rescind his 2006 sale of the team to Clay Bennett’s ownership group (previously blogged about here).
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Well, that brings us full circle, from Norman Braman’s demand for a voter referendum in Miami, to Brower’s hope to gain the same in Seattle.
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Marc Edelman is an attorney, business consultant, published author and professor, whose focus is on the fields of sports business and law. You can read his full bio by clicking here, and you can reach him by email by clicking here.




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First.
Again, no Andrew Giuliani?
Another good post, Edelman.
collusion is iffy.
Bonds is a clubhouse cancer. Without steroids, he's an unproductive player. With steroids, he risks suspension. The press hates him. The fans hate him. his own teammates hate him. he's not getting the hall of fame. and any team that hires him risks forfeiting the games they play with him due to his steroid use.
He can't run. he can't field. He's a DH, but with attitude of "I hate this place" to anywhere. in Boston and NY, he'll be ripped apart by the press. In a small-town, he'll be reviled as non-pure. He's got more baggage than a NY-to-San Fran bound 747.
There are plenty of reasons why no team is taking a flier on this liar and cheat and scumbag.
yea, this isn't really the same as Nolan Ryan/Carlton Fisk in the 80s.
And are arbitration rulings binding on later arbitrators? I didn't think stare decisis applied in the private arbitrator's section.
What about 5th amendment takings implications of the Army's decision to revoke permission for the West Point grad to play in the NFL? The lions drafted him under the regulatory framework that he would be allowed to play. Now their pick is essentially worthless (especially if he is KIA).
Another post chock full of fresh news.
4 is right. Bonds is basically Bernie Mac in Mr. 3000. Old, unuseful asshole. And about as funny.
And yes, I am ashamed I saw that movie too. to my credit, it was forced on me on a bus.
Thank goodness, no more clipart!
Too bad for that runner with the artificial legs. I am looking forward to competing with him in 2012 in my rocket-propelled wheelchair.
What I can't understand is how Bonds doesn't get signed but other like Giambi, Pettitie, Tejada do. Is Bonds anymore of a "clubhouse cancer" than Manny Ramirez? Can anyone imagine Ramirez not getting a contract for minimum salary?