Former baseball major leaguer Jose Offerman will serve two years of a special form of probation for attacking two players with a bat during a minor league game in August. Bridgeport (Connecticut) Superior Court Judge James Ginocchio granted the two-time All-Star accelerated rehabilitation Tuesday after hearing from current and former major league players supporting Offerman. Two felony assault charges will be erased from his record if he abides by the terms of the probation.
Offerman was playing for the Atlantic League's Long Island Ducks on Aug. 14 in Bridgeport when he was hit by a pitch and charged the mound with his bat. Bridgeport Bluefish catcher John Nathans sustained a concussion and Bluefish pitcher (and former Phillie) Matt Beech had a broken finger on his non-throwing hand after the incident.
Offerman apologized in court Tuesday.
Showing posts with label Sports Law. Show all posts
Showing posts with label Sports Law. Show all posts
Tuesday, October 30, 2007
Thursday, October 25, 2007
Ex Louisiana-Lafayette coach wins discrimination suit
The first black head football coach at any major Louisiana university has won a $2 million judgment in a lawsuit claiming that the University of Louisiana at Lafayette fired him because of his race, not because his teams lost 80 percent of their games. Jurors found that Jerry Baldwin's race wasn't the only reason he lost the job, but was among the reasons. University officials broke his contract and inflicted emotional distress through negligence, according to the jury of six whites and six blacks.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Jurors took nearly 10 hours to work their way through a complicated verdict form.
ULL attorney Steve Oats said the evidence doesn't support the verdict for Baldwin, who was coach from 1999-2001, but he and university officials haven't decided their next step. "It is clear Jerry Baldwin was not terminated because of his race," Oats said. "Jerry Baldwin was terminated over his tenure. The team had a record of 6-27 and attendance was terrible. The program was not going in the right direction."
In closing arguments for the eight-day trial, Bernard said white coaches before and after Baldwin got new equipment and had a greater ability to market the football program via a coach's television show and through the university's marketing department. Baldwin worked with used equipment, the marketing director was fired his second year on the job, and he never had a coach's show to promote the football program, Bernard said.
Jurors voted 10-2 to award Baldwin $500,000 for general damages, including emotional distress; $600,000 for past lost wages; $900,000 for future lost wages, and $2,676 for special damages.
The same administration officials now accused of racial discrimination are the same people who gave Baldwin the job as the first black head coach at a major Louisiana university, Oats argued. He also said there are no signs that Baldwin's ability to get another job in coaching has been hampered by the firing, and Baldwin's attorneys did not present any evidence that he suffered extreme emotional distress.
Patriots get ticket sellers names
The New England Patriots have won a bid to get the names of all the fans who bought or sold -- or tried to buy or sell -- tickets to home games through online ticket reseller StubHub Inc., a move one technology group sees as an invasion of privacy. In a lawsuit against San Francisco-based StubHub, a subsidiary of eBay Inc., claiming that the Web site encourages fans to break state law and violate team policies, the Patriots said they could seek to revoke season tickets of people who use StubHub.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
A lawyer for the Patriots wouldn't say what the team plans to do with the 13,000 names, which StubHub gave it last week after losing its appeal of a Massachusetts state court ruling. Team rules bar reselling game tickets for a profit. State law, though rarely enforced, restricts ticket markups to $2 above face value plus some service charges.
Patriots tickets have been offered on StubHub at prices many times higher, including two 50-yard-line seats for New England's Dec. 16 game against the AFC rival New York Jets listed Thursday for $1,300.05 each. Their face value is $125.
The Center for Democracy and Technology, a Washington D.C.-based advocacy group, said the court order to turn over the names infringes on the privacy rights of Patriots fans. "The Patriots, just at the beginning of the season, were filming opposing teams and accused of surveillance and given a slap from the National Football League about that. Now they're turning the cameras on their fans, so clearly there is a lack of understanding about what privacy is," said Ari Schwartz, deputy director of the center.
StubHub parent eBay is a member of the center's working group on free speech online. StubHub, one of the largest online ticket sellers, argued that the Patriots' request violated its confidentiality agreement with its customers and said the team wants to create a monopoly on the resale market for its own tickets.
"It is plain that the Patriots seek this highly confidential customer information to further their unlawful, anticompetitive campaign against StubHub and its customers," StubHub said in court papers.
The Patriots, who say they are trying to ensure fans get tickets at reasonable prices, are entitled to know who may be violating their rules. "One of our claims against StubHub is that knowing we have rules against resale on the Internet, they are out there soliciting people to violate our rules," said Daniel Goldberg, a lawyer for the team. "In order to pursue that claim, we need to understand who has been persuaded by that inducement to list their tickets [on StubHub]."
Goldberg said the Patriots' rules on resale are clear and printed on the back of every ticket. "We have hundreds of people on waiting lists willing to comply with our rules, so if individuals prefer not to comply with the rules, that's their choice," he said. He would not say how the Patriots plan to use the customer information it won in court.
In his order this summer, Superior Court Judge Allan van Gestel said the Patriots have "legitimate interests" in knowing the identity of people who resell tickets through StubHub. The judge said the Patriots could use the information for purposes beyond the lawsuit, including canceling violators' season tickets or reporting violators to authorities. Goldberg said StubHub turned over the names last week.
The Patriots have revoked tickets of fans who resell on any site except the Patriots' own TeamExchange Web site, which limits sales to face value. That Web site is run by Ticketmaster.
Friday, October 19, 2007
Rockies seek trademark protection for "Rocktober"
DENVER -- "Rocktober," the new shorthand for the Colorado Rockies' amazing playoff run, is showing up everywhere from newspaper headlines to handmade ballpark signs. But now the team wants a trademark to keep anyone else from selling keepsakes bearing the word.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
The Rockies filed applications with the U.S. Patent and Trademark Office on Oct. 4 asking for exclusive rights to the name on stuffed animals, Christmas stockings, baby booties, T-shirts, bobble-head dolls and the like. The filing came two days after Gov. Bill Ritter declared October would be known as "Rocktober" after the Rockies beat the San Diego Padres in 13 innings to win the wild card.
The Rocky Mountain News and The Denver Post both used the word in front-page headlines. It has also shown up in car commercials and department store ads.
Tuesday, October 2, 2007
Jury: Isiah Thomas, MSG liable for sexual harrassment
NEW YORK -- A jury ruled Tuesday that New York Knicks coach Isiah Thomas sexually harassed a top team executive, subjecting the married mother of three to unwanted advances and a barrage of verbal insults. The jury also found that Madison Square Garden committed harassment against the woman, and ruled that MSG should have to pay her punitive damages. The same jury will now begin deciding the amount of damages.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
The harassment verdict was widely expected after the jury sent a note to the judge Monday indicating that it believed Thomas and the other defendants, Madison Square Garden and MSG Chairman James Dolan, sexually harassed plaintiff Anucha Browne Sanders, who filed a $10 million lawsuit.
Saturday, September 29, 2007
Jets fan sues Patriots, Belichick for $184 million
A New York Jets season-ticket holder filed a class-action lawsuit Friday against the New England Patriots and coach Bill Belichick for "deceiving customers." The lawsuit filed in U.S. District Court in Newark, N.J., by Carl Mayer of Princeton Township, N.J., stems from the Patriots being caught illegally videotaping signals from Jets coaches in New England's 38-14 season-opening win Sept. 9.
"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders.
Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.
"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."
The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.
The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.
"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."
The suit asserts that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.
"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."
"They violated the integrity of the game," Mayer's attorney, Bruce Afran, told The Associated Press. "This is a way of punishing Belichick and the Patriots." Mayer is seeking more than $184 million in damages for Jets ticket holders.
Belichick was fined $500,000 by NFL commissioner Roger Goodell, and the team was fined $250,000 for violating a league rule that prohibits clubs from using a video camera on the sidelines for any purpose -- including recording signals relayed to opposing players on the field. New England also must forfeit a first-round draft pick next year if it makes the playoffs or a second- and third-rounder if it doesn't.
"They were deceiving customers," said the 48-year-old Mayer. "You can't deceive customers."
The lawsuit maintained that because other teams found illegal videotaping by the defendants, Jets ticket holders should be compensated for all games played in Giants Stadium between the Jets and Patriots since Belichick became head coach in 2000.
The two calculated that because customers paid $61.6 million to watch eight "fraudulent" games, they're entitled to triple that amount -- or $184.8 million -- in compensation under the federal Racketeer Influenced and Corrupt Organization Act and the New Jersey Consumer Fraud Act.
"How many times have the Patriots done this? We find it hard to believe they did it just once," Mayer said. "We just want to get to the truth of the matter of what the Patriots did to the Jets. I think the ticket holders are genuinely concerned about it. This is a type of misrepresentation."
The suit asserts that the secret videotaping violated the contractual "expectations and rights" of Jets ticket holders "to observe an honest match played in compliance with all laws and regulations." The actions of Belichick and the Patriots violated federal and state racketeering laws, as well as the New Jersey Consumer Fraud Act and New Jersey Deceptive Business Practices Act, according to the lawsuit.
"Having been a lifelong Jets fan, as soon as I heard this, I was completely outraged," Mayer said. "The NFL just slapped them on the wrist. I'm a consumer lawyer, and this is consumer fraud."
Madison Square Garden sues NHL over web "monopoly"
Madison Square Garden sued the NHL yesterday, saying the league has monopolized promotion of its teams. According to the lawsuit, the NHL has claimed it will fine MSG, which owns the New York Rangers, $100,000 per day if it does not give the NHL complete control over the team's Web site and other promotions. MSG said it had no choice but to bring the lawsuit in U.S. District Court in Manhattan because the fines were scheduled to begin yesterday. The organization asked that a judge order the league to stop acting as "an illegal cartel," limiting what the team does to promote itself on the Web and with merchandising efforts.
Update on Isiah Thomas lawsuit
Courtesy of Kati Cornell of the New York Post:
Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.
The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.
Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.
The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.
Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."
The jury was sent home for the weekend, with deliberations set to continue on Monday.
Jurors gave a sign they might be ready to hammer the Madison Square Garden for sexual harassment in a note suggesting they believe a key claim in fired Knicks executive Anucha Browne Sanders' lawsuit against her former employer. The jury sent out the note approximately six hours into its deliberations in the sensational $10 million case against Knicks coach Isiah Thomas and the Garden yesterday.
The note centered on a section of Manhattan Federal Judge Gerard Lynch's legal instructions dealing with a hostile work environment, asking how to pro ceed "if the elements of the claim have been met." The jury indicated they were stymied by "wording" on the verdict sheet that related to this claim, specifically whether the Garden "intentionally" dis criminated against Sanders, and asked the judge for clarification.
Lynch called the seven jurors into the courtroom and told them, "The jury in structions that were read to you are the authoritative and controlling statements of the court. The verdict form is not meant to add or subtract anything."
One juror appeared to give a friendly glance towards Sanders before shooting a glare at the table where Thomas and other Garden executives and lawyers were seated.
The panel's view on claims against Thomas remained a mystery. Sanders claims she was fired in retaliation for lodging complaints against Thomas, whom she has accused of spewing curses at her for a year - calling her "bitch" and "ho" - and then suddenly making amorous advances.
Earlier in the day, the jury asked to review a mountain of evidence, including testimony and depositions from Thomas and two other MSG officials, notes on an internal investigation into Sanders' complaint, and e-mails the fired executive sent to her boss. By mid-afternoon, the jurors asked for more evidence in a note that could indicate they've shifted their focus to retaliation claims against the Garden, asking to read the transcript of statements by Garden Chairman James Dolan.
During his videotaped deposition, Dolan nonchalantly admitted to firing Sanders without consulting his lawyers while her sexual-harassment claims were still under investigation by the Garden. "All decisions at the Garden I make on my own," Dolan said, claiming he believed she'd attempted to tamper with the internal probe. "I specifically did not consult with counsel."
The jury was sent home for the weekend, with deliberations set to continue on Monday.
Tuesday, September 18, 2007
NFLPA seeks help from Congress
WASHINGTON -- Under fire from injured retirees who say they were denied sufficient benefits, the head of the National Football League Players Association asked Congress on Tuesday for greater authority to approve disability claims. Gene Upshaw, director of the players association, said the union currently is limited in what it can do for the scores of former players who are battered and broken from years of playing the violent sport.
At the same time, Upshaw and NFL Commissioner Roger Goodell said league pensions are improving. "We have made great progress, and we are not finished," Upshaw told a Senate committee. "Congress can help." It is the first time the union has asked Congress for help with the problem, which was the subject of a House hearing earlier this year.
Retired football players have been openly critical of the NFL and the players' union over the amount of money that older retirees get from a $1.1 billion fund set aside for disability and pensions. The players' union is asking Congress to change federal law so it has more power on the retirement board that reviews disability claims. Under current law, the union can only name three retired former players to the board. NFL owners appoint the other three representatives.
"Since the NFLPA has been criticized when applications are denied -- even though a majority vote of the six trustees is necessary to make a decision -- and since current players are funding the system, it makes sense for the players to be the ones making the disability decisions," Upshaw said.
The union is also asking Congress to tweak federal workers compensation laws and eliminate some of the layers of bureaucracy that make it harder for claims to be honored.
North Dakota Sen. Byron Dorgan, a Democrat who led the hearing before the Senate Commerce, Science and Transportation Committee, said his preference is that Congress not legislate on the issue but stay involved through oversight. Still, he said, "something's not working the way it should work." Sen. John Kerry, D-Mass., said he is prepared to offer legislation, however, if the problem is not resolved soon. "It seems to me the league is dropping the ball here," he said.
At the same time, Upshaw and NFL Commissioner Roger Goodell said league pensions are improving. "We have made great progress, and we are not finished," Upshaw told a Senate committee. "Congress can help." It is the first time the union has asked Congress for help with the problem, which was the subject of a House hearing earlier this year.
Retired football players have been openly critical of the NFL and the players' union over the amount of money that older retirees get from a $1.1 billion fund set aside for disability and pensions. The players' union is asking Congress to change federal law so it has more power on the retirement board that reviews disability claims. Under current law, the union can only name three retired former players to the board. NFL owners appoint the other three representatives.
"Since the NFLPA has been criticized when applications are denied -- even though a majority vote of the six trustees is necessary to make a decision -- and since current players are funding the system, it makes sense for the players to be the ones making the disability decisions," Upshaw said.
The union is also asking Congress to tweak federal workers compensation laws and eliminate some of the layers of bureaucracy that make it harder for claims to be honored.
North Dakota Sen. Byron Dorgan, a Democrat who led the hearing before the Senate Commerce, Science and Transportation Committee, said his preference is that Congress not legislate on the issue but stay involved through oversight. Still, he said, "something's not working the way it should work." Sen. John Kerry, D-Mass., said he is prepared to offer legislation, however, if the problem is not resolved soon. "It seems to me the league is dropping the ball here," he said.
Tuesday, August 28, 2007
Judge rules in favor of NYC metal bat ban
NEW YORK -- A judge ruled Tuesday that it was constitutional for the city to ban metal bats from high school baseball games.
U.S. District Judge John G. Koeltl said the new law fits the purpose of legislative bodies like the City Council to protect the public health and safety.
"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."
The law is set to take effect Sept. 1. It had been challenged by an organization representing national high school baseball coaches and several companies that make metal bats. The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.
In April, the City Council overrode a mayoral veto of the legislation, permitting the outlawing of metal bats in high school games; the goal is to protect young players who are believed to be less capable than older players of reacting to speeding baseballs. The lawsuit was then filed.
U.S. District Judge John G. Koeltl said the new law fits the purpose of legislative bodies like the City Council to protect the public health and safety.
"The protection of the health and safety of high school-age students is entitled to great weight," the judge said. "While the record does not include clear empirical evidence showing that more serious injuries would occur without the ordinance, it is the city's legislative assessment that the risk is too great."
The law is set to take effect Sept. 1. It had been challenged by an organization representing national high school baseball coaches and several companies that make metal bats. The law resulted from claims that today's metal bats cause balls to go farther and faster, heightening the risk of injuries.
In April, the City Council overrode a mayoral veto of the legislation, permitting the outlawing of metal bats in high school games; the goal is to protect young players who are believed to be less capable than older players of reacting to speeding baseballs. The lawsuit was then filed.
Friday, August 24, 2007
Guarantees for Larry Johnson frontloaded in extension with Chiefs
The lucrative five-year contract extension signed on Tuesday by Kansas City Chiefs star tailback Larry Johnson includes $43.25 million in so-called "new money," features an initial signing bonus of $12.5 million, and will pay the four-year pro more than $20 million before his 30th birthday.
The deal includes $19 million in guarantees, but nearly one-third of that is in the form of guaranteed base salaries during the first four seasons of the contract. And to earn the full $5 million in prorated roster bonuses included in the contract, Johnson must be active for all 16 games each season.
Details of the contract, which is essentially a six-year deal that runs through 2012 because Johnson had one season remaining on his original contract, were obtained through league salary documents.
For the 2007 season, Johnson will earn the $12.5 million signing bonus, a $750,000 base salary that is guaranteed, and a workout bonus of $50,000, for a total of $13.3 million. That base salary is a reduction from the $1.8 million Johnson was to have earned in base salary in the final year of his original contract, which he signed as a first-round choice in the 2003 draft.
The salary cap charge for the Chiefs in 2007 is a very palatable $3.356 million.
Base salaries for the extension portion of the contract are $2.5 million (2008), $4.55 million (2009), $5 million (2010), $5.3 million (2011), and $5.9 million (2012). Of those salaries, $2 million is guaranteed in 2008, with $3.5 guaranteed in 2009 and $250,000 in 2010.
There are prorated roster bonuses of $1 million each in 2008-2012, payable at the rate of $62,500 per each game that Johnson is on the active roster. There are also annual offseason workout bonuses of $100,000 each for the 2008-2012 campaigns. And in 2010-2012, there are offseason bonuses of $1 million each if Johnson is on the roster for the first day of the league year, typically defined as March 1.
While the salary cap charges are manageable for this season, they rise steadily after that -- to $6.156 million (2008), $8.206 million (2009), $9.183 million (2010), $9.483 million (2011), and $10.083 million (2012).
Counting all six years, the contract totals $45.05 million. And minus the $1.8 million that Johnson was to have earned under his original deal, the "new money" is $43.25 million.
The deal includes $19 million in guarantees, but nearly one-third of that is in the form of guaranteed base salaries during the first four seasons of the contract. And to earn the full $5 million in prorated roster bonuses included in the contract, Johnson must be active for all 16 games each season.
Details of the contract, which is essentially a six-year deal that runs through 2012 because Johnson had one season remaining on his original contract, were obtained through league salary documents.
For the 2007 season, Johnson will earn the $12.5 million signing bonus, a $750,000 base salary that is guaranteed, and a workout bonus of $50,000, for a total of $13.3 million. That base salary is a reduction from the $1.8 million Johnson was to have earned in base salary in the final year of his original contract, which he signed as a first-round choice in the 2003 draft.
The salary cap charge for the Chiefs in 2007 is a very palatable $3.356 million.
Base salaries for the extension portion of the contract are $2.5 million (2008), $4.55 million (2009), $5 million (2010), $5.3 million (2011), and $5.9 million (2012). Of those salaries, $2 million is guaranteed in 2008, with $3.5 guaranteed in 2009 and $250,000 in 2010.
There are prorated roster bonuses of $1 million each in 2008-2012, payable at the rate of $62,500 per each game that Johnson is on the active roster. There are also annual offseason workout bonuses of $100,000 each for the 2008-2012 campaigns. And in 2010-2012, there are offseason bonuses of $1 million each if Johnson is on the roster for the first day of the league year, typically defined as March 1.
While the salary cap charges are manageable for this season, they rise steadily after that -- to $6.156 million (2008), $8.206 million (2009), $9.183 million (2010), $9.483 million (2011), and $10.083 million (2012).
Counting all six years, the contract totals $45.05 million. And minus the $1.8 million that Johnson was to have earned under his original deal, the "new money" is $43.25 million.
Michael Vick's Plea
Below is a link to Michael Vick's Plea agreement.
http://sports.espn.go.com/photo/2007/0824/vickplea.pdf
Enjoy!
http://sports.espn.go.com/photo/2007/0824/vickplea.pdf
Enjoy!
Thursday, August 23, 2007
Source: Vick will not admit to killing dogs or gambling on dog fights
Atlanta Falcons quarterback Michael Vick will not admit to killing dogs or gambling on dog fights, as detailed in his indictment, when he enters a guilty plea in a Richmond, Va., federal court Monday, a source close to the case has told ESPN. Instead, the one count of conspiracy that Vick will plead to will admit guilt to the charge of interstate commerce for the purpose of dogfighting.
Vick will admit that he was present when dogs were killed, but will maintain that he did not personally kill any of the dogs.
The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.
The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead. But the source says Vick maintains that he never killed dogs and never gambled on a dog fight.
Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.
Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs by various means, including drowning and hanging.
Vick will admit that he was present when dogs were killed, but will maintain that he did not personally kill any of the dogs.
The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.
The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead. But the source says Vick maintains that he never killed dogs and never gambled on a dog fight.
Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.
Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight underperforming dogs by various means, including drowning and hanging.
Thursday, August 16, 2007
Donaghy could face state charges
PHOENIX -- Former NBA referee Tim Donaghy could face charges in Arizona's most populous county if investigations by the league and FBI show that he deliberately miscalled two Phoenix Suns playoff games this year, authorities said.
In federal court Wednesday in New York, Donaghy pleaded guilty to two felony charges Wednesday in connection with an NBA betting scandal.
Donaghy faces a maximum of 25 years in prison when he's sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce.
Maricopa County Attorney Andrew Thomas has sent letters to NBA Commissioner David Stern and the head of the FBI in Washington, saying he wants to know whether Donaghy gambled on the two Suns road playoff games, provided inside information to gamblers or helped determine the outcome by making bad officiating calls.
Thomas said the games in question are the April 29 game against the Los Angeles Lakers and the May 12 game against the San Antonio Spurs.
The Suns beat the Lakers 113-110 in the April 29 game, but lost to the Spurs 108-101 on May 12 in Game 3 of the Western Conference semifinals.
Thomas said that if Donaghy "purposely failed to officiate the games properly and his conduct resulted in changing the outcome of the games, such conduct might have violated Arizona criminal statutes and could be the subject of criminal prosecution."
Special Assistant County Attorney Barnett Lotstein said Arizona's "long arm statute" allows the county to prosecute in such cases.
"If any element of the crime happened in our county, we have jurisdiction," Lotstein said.
Among the possible felony charges are fraudulent schemes and artifices, which carry a possible prison sentence of 3 to 10 years; and bribery of participants in professional or amateur games, which carries a possible prison term of 1 to 3½ years, according to Arizona authorities.
In federal court Wednesday in New York, Donaghy pleaded guilty to two felony charges Wednesday in connection with an NBA betting scandal.
Donaghy faces a maximum of 25 years in prison when he's sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce.
Maricopa County Attorney Andrew Thomas has sent letters to NBA Commissioner David Stern and the head of the FBI in Washington, saying he wants to know whether Donaghy gambled on the two Suns road playoff games, provided inside information to gamblers or helped determine the outcome by making bad officiating calls.
Thomas said the games in question are the April 29 game against the Los Angeles Lakers and the May 12 game against the San Antonio Spurs.
The Suns beat the Lakers 113-110 in the April 29 game, but lost to the Spurs 108-101 on May 12 in Game 3 of the Western Conference semifinals.
Thomas said that if Donaghy "purposely failed to officiate the games properly and his conduct resulted in changing the outcome of the games, such conduct might have violated Arizona criminal statutes and could be the subject of criminal prosecution."
Special Assistant County Attorney Barnett Lotstein said Arizona's "long arm statute" allows the county to prosecute in such cases.
"If any element of the crime happened in our county, we have jurisdiction," Lotstein said.
Among the possible felony charges are fraudulent schemes and artifices, which carry a possible prison sentence of 3 to 10 years; and bribery of participants in professional or amateur games, which carries a possible prison term of 1 to 3½ years, according to Arizona authorities.
Titans, Jones agree to modified wrestling restrictions
Adam "Pacman" Jones can appear at a wrestling show Sunday, with a couple of provisions: The suspended Tennessee Titans cornerback won't be allowed to touch or be touched, use or be hit by any object or anything else that could injure him.
That doesn't leave much for Jones.
But at least he can be in the building for the Total Nonstop Action Wrestling pay-per-view event. The arrangement was approved by a Tennessee judge Saturday following an agreement among the Titans, Jones' attorney and lawyers for TNA Entertainment.
The Titans received a temporary restraining order Friday that prohibited Jones, who was suspended from the NFL for the 2007 season for violating the personal conduct policy, from even being present at a TNA event.
With Jones promoted to appear at the "Hard Justice" show Sunday night in Orlando, Fla., lawyers worked to resolve the Titans' concerns. Judge Jeff Bivins approved the deal following a 10-minute meeting in his chambers. Jones did not attend the hearing.
Steve Underwood, chief operating officer of the Titans, said nothing changed as far as the team is concerned. "It doesn't mean he can't participate and be present at whatever he's under contract to do with them. It just means that he can't participate in anything where he's going to get hurt. That was always our concern," Underwood said.
And what if Jones does get hurt?
"We're not going to go there. He's not going to get hurt," Underwood said. "He can't do anything that poses risk of significant injury, and all parties are in agreement with that."
The NFL isn't scheduled to review Jones' case until after the Titans' 10th game, which is Nov. 19 at Denver. Jones lawyer Worrick Robinson said the Titans made it clear they still care about his client and want to see him return to the football field.
The original court order applied only to Jones. TNA and co-founder Jeff Jarrett joined the talks and were added as parties to the agreement. An attorney representing TNA was asked if company officials preferred to have Jones wrestle after Jarrett had worked with the cornerback on his ring skills.
"We're very happy he's going to be there and be part of the program," Robin Mitchell Joyce said
Added Robinson: "I think the limited grappling that he was going to be involved with in the first place was not going to take place immediately. But he is fine. He's willing to work within the bounds of what he's agreed and what the judge has ordered."
Jones made his first appearance with TNA during its weekly cable TV show "iMPACT!" Thursday night.
The Titans responded Friday by obtaining the restraining order prohibiting him from participating in the show in any way, even as a spectator or announcer. The Titans cited the NFL player contract that prevents him from engaging in activities in which he could injure himself.
Robinson said TNA may decide to have Jones be in the ring, working within the approved agreement.
"He wanted to put on a show, and he wanted to prepare himself for putting on a show. That's what he was doing," Robinson said. "His role has just changed somewhat now."
That doesn't leave much for Jones.
But at least he can be in the building for the Total Nonstop Action Wrestling pay-per-view event. The arrangement was approved by a Tennessee judge Saturday following an agreement among the Titans, Jones' attorney and lawyers for TNA Entertainment.
The Titans received a temporary restraining order Friday that prohibited Jones, who was suspended from the NFL for the 2007 season for violating the personal conduct policy, from even being present at a TNA event.
With Jones promoted to appear at the "Hard Justice" show Sunday night in Orlando, Fla., lawyers worked to resolve the Titans' concerns. Judge Jeff Bivins approved the deal following a 10-minute meeting in his chambers. Jones did not attend the hearing.
Steve Underwood, chief operating officer of the Titans, said nothing changed as far as the team is concerned. "It doesn't mean he can't participate and be present at whatever he's under contract to do with them. It just means that he can't participate in anything where he's going to get hurt. That was always our concern," Underwood said.
And what if Jones does get hurt?
"We're not going to go there. He's not going to get hurt," Underwood said. "He can't do anything that poses risk of significant injury, and all parties are in agreement with that."
The NFL isn't scheduled to review Jones' case until after the Titans' 10th game, which is Nov. 19 at Denver. Jones lawyer Worrick Robinson said the Titans made it clear they still care about his client and want to see him return to the football field.
The original court order applied only to Jones. TNA and co-founder Jeff Jarrett joined the talks and were added as parties to the agreement. An attorney representing TNA was asked if company officials preferred to have Jones wrestle after Jarrett had worked with the cornerback on his ring skills.
"We're very happy he's going to be there and be part of the program," Robin Mitchell Joyce said
Added Robinson: "I think the limited grappling that he was going to be involved with in the first place was not going to take place immediately. But he is fine. He's willing to work within the bounds of what he's agreed and what the judge has ordered."
Jones made his first appearance with TNA during its weekly cable TV show "iMPACT!" Thursday night.
The Titans responded Friday by obtaining the restraining order prohibiting him from participating in the show in any way, even as a spectator or announcer. The Titans cited the NFL player contract that prevents him from engaging in activities in which he could injure himself.
Robinson said TNA may decide to have Jones be in the ring, working within the approved agreement.
"He wanted to put on a show, and he wanted to prepare himself for putting on a show. That's what he was doing," Robinson said. "His role has just changed somewhat now."
Tuesday, July 10, 2007
Agent sent to prison for smuggling Cuban players
KEY WEST, Fla. -- A federal judge sentenced U.S. sports agent Gustavo "Gus" Dominguez to five years in prison on Monday for smuggling potential Major League Baseball players out of Cuba.
U.S. District Judge K. Michael Moore ordered the prison term for Dominguez, the 48-year-old co-founder of California-based Total Sports International Inc.
Dominguez, who has represented dozens of Cuban defectors and other major league players, was convicted in April of smuggling five prospects out of Cuba to the Florida Keys and then on to California, where he shopped them to potential teams.
The case was believed to be the first directly linking smuggling with the business of baseball, which is Cuba's national sport as well as the traditional U.S. national pastime.
In addition to five years behind bars, the judge ordered Dominguez to serve three years probation and to pay a $2,100 fine.
Defense attorneys J. Stephen Salter and Ben Kuehne, pleading for leniency, had earlier cited scores of letters, including one written by Hall of Fame pitching great Sandy Koufax, supporting Dominguez.
"I have always considered Gus to be a person of strong character and high moral principles. He has an unshakable love for his culture and does his best to serve as a role model to the players he represents, especially Latin players," Koufax wrote to Moore.
U.S. District Judge K. Michael Moore ordered the prison term for Dominguez, the 48-year-old co-founder of California-based Total Sports International Inc.
Dominguez, who has represented dozens of Cuban defectors and other major league players, was convicted in April of smuggling five prospects out of Cuba to the Florida Keys and then on to California, where he shopped them to potential teams.
The case was believed to be the first directly linking smuggling with the business of baseball, which is Cuba's national sport as well as the traditional U.S. national pastime.
In addition to five years behind bars, the judge ordered Dominguez to serve three years probation and to pay a $2,100 fine.
Defense attorneys J. Stephen Salter and Ben Kuehne, pleading for leniency, had earlier cited scores of letters, including one written by Hall of Fame pitching great Sandy Koufax, supporting Dominguez.
"I have always considered Gus to be a person of strong character and high moral principles. He has an unshakable love for his culture and does his best to serve as a role model to the players he represents, especially Latin players," Koufax wrote to Moore.
Thursday, April 19, 2007
Sports Law - NFL Contract Voided
Below is an article from ESPN.com's John Clayton. Someone in the New England Patriots' legal department made a big boo-boo.
* * * * * * * * * * * *
Special Master rules in favor of Sauerbrun
By John Clayton
ESPN.com
A Special Master ruled Wednesday punter Todd Sauerbrun is now a free agent -- available to sign with any team -- after winning a grievance that voided the New England Patriots right to match a one-year contract he recently signed with the Denver Broncos.
The failure to put the first-right-of-refusal provision in a separate attachment to the contract was the reason the Special Master ruled in favor of Sauerbrun. The case was argued in his behalf by Jeff Kessler, one of the labor lawyers who helped to write the collective bargaining agreement.
Sauerbrun signed a contract with the Patriots last fall that had a first right of refusal provision, giving the team seven days to match any offer Sauerbrun might receive in free agency in 2007. The CBA states such clauses must be put on a separate page and not on a page that explains the main terms of the contract.
For whatever reason, the Patriots put the right to match on the contract term sheet.
The Broncos signed Sauerbrun to a one-year, $820,000 contract and Sauerbrun wanted to go to Denver. The Patriots matched.
Thanks to the ruling, Sauerbrun can sign with the Broncos or any other team he chooses.
* * * * * * * * * * * *
Special Master rules in favor of Sauerbrun
By John Clayton
ESPN.com
A Special Master ruled Wednesday punter Todd Sauerbrun is now a free agent -- available to sign with any team -- after winning a grievance that voided the New England Patriots right to match a one-year contract he recently signed with the Denver Broncos.
The failure to put the first-right-of-refusal provision in a separate attachment to the contract was the reason the Special Master ruled in favor of Sauerbrun. The case was argued in his behalf by Jeff Kessler, one of the labor lawyers who helped to write the collective bargaining agreement.
Sauerbrun signed a contract with the Patriots last fall that had a first right of refusal provision, giving the team seven days to match any offer Sauerbrun might receive in free agency in 2007. The CBA states such clauses must be put on a separate page and not on a page that explains the main terms of the contract.
For whatever reason, the Patriots put the right to match on the contract term sheet.
The Broncos signed Sauerbrun to a one-year, $820,000 contract and Sauerbrun wanted to go to Denver. The Patriots matched.
Thanks to the ruling, Sauerbrun can sign with the Broncos or any other team he chooses.
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