ANALYSIS: Rehearing denied in Florida sports betting case, but West Flagler’s best chance for a changed outcome lies with
#SCOTUS
due to a clear circuit split over the applicability of IGRA to off-reservation tribal gaming activities.
Via
@ForbesSports
Caitlin Clark is only a junior and won't be WNBA eligible until the 2024 draft.
But she’ll likely make more money by staying in college through
#NIL
deals.
Her most impactful
#NIL
deal?
An Iowa food bank.
They offered to pay her, but Clark insisted that she work for free.
BREAKING: U.S. Supreme Court rules that federal ban on state-sanctioned sports betting is unconstitutional. Decides case in favor of New Jersey. Floodgates now officially open for other states to allow sports betting.
#RIPPASPA
NEW: Zion Williamson’s former marketing agent has served requests for admission in their lawsuit asking him to admit that he received “money, benefits, favors or other things of value” to attend Duke University and to wear and/or use Nike and Adidas.
Wow. That escalated quickly.
Sunday edition of Commercial Law 101: If you’re Colin Kaepernick, under no circumstances do you sign this Release, which could operate as a backdoor waiver of any future collusion claims. Read paras. 2 and 7 together, and you’ll see the problem. (h/t
@ProFootballTalk
)
Parallels between the Antonio Brown case and the Derrick Rose sexual assault civil case. Both were filed as civil lawsuits without a prior police report being filed. Rose was found not liable. And the NBA waited for the civil justice system to play out. NFL should do the same.
Some breaking (personal) news —
My wife and I are proud to announce the birth of our first child. Welcome to the world, Stepan!
Natalia and Stepan are both doing well.
My intermittent sleep over the past few months should serve me well here.
St. Louis’ viability as a top-tier professional football market should never be questioned. Then or now.
95 consecutive sellouts between 1995 and 2006.
St. Louis Rams’ home attendance above 80% capacity in 19 out of 20 seasons.
A football market.
BREAKING: Gina Ford ramps up claim that Zion Williamson received money to attend Duke and was “permanently ineligible” to be a student-athlete; in new court filing, she opposes granting judgment to Zion, and says discovery is needed from Duke and Coach K on ‘pay-to-play’ issue.
Gina Ford’s attorneys also point to the improved housing situation of Zion Williamson’s parents as evidence that he was paid to attend Duke:
Pre-Duke: $895 monthly rental in South Carolina:
At Duke: resided in NC property valued at $950.000 (with listed monthly rent at $4,995)
Caitlin Clark is a regular at
@UIchildrens
, spending time with any kiddo that requests a visit.
This one, however, came with an extra surprise.
Congrats to the 𝐀𝐏 𝐍𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐏𝐥𝐚𝐲𝐞𝐫 𝐨𝐟 𝐭𝐡𝐞 𝐘𝐞𝐚𝐫,
@CaitlinClark22
!
Stephon Marbury’s biggest assist yet:
10 million N95 masks to New York through a business contact in China which has excess supply and is willing to sell the masks at cost ($2.75 each).
Great job,
@StarburyMarbury
via
@Rich_Calder
NEW: Kentucky lawmakers file bill to legalize sports betting, online poker and DFS. HB 106 would tax retail sports betting at 9.75% and online wagering at 14.25%. Tethered mobile (1 per track). Tracks can also offer in-person betting at 2 satellite venues:
Feeling confident about Zeke Elliott's chances tomorrow. Irreparable harm is key, and standard on the merits is "serious question" rather than likelihood of success. If I had to venture a prediction,
#Zeke
will be playing this week.
BREAKING: I am really getting married today. 6 pm EST. A beach wedding on Golden Beach. Two years from the day of our first date. Eleven months from the day of our engagement. The future is now.
#OutkickedMyCoverage
News: Massachusetts Governor says that state legislature should vote on sports betting legalization before summer recess so that sports books can be operational “before the start of the next NFL season”
JUST IN: Massachusetts House of Representatives has approved the economic development bill (H.4879), which includes the sports betting legalization measure. Details to come.
JUST IN: Florida judge denies a stay to Zion Williamson and will allow discovery to proceed against him in FL on whether he received improper economic benefits to attend Duke. Expect an immediate appeal to the Third DCA, via a petition for writ of certiorari.
Personal news: I started my own firm (as of January 1, 2019) called “Wallach Legal, LLC.” My focus will be on the U.S. sports betting and gaming sector, plus litigation (I am a board-certified appellate attorney). In addition to teaching, writing, and
#sportslaw
media commentary.
BREAKING: City of St. Louis moves for sanctions against NFL team owners Jerry Jones, Robert Kraft, John Mara and Clark Hunt for noncompliance with court-ordered discovery. Seeks striking of their pleadings and entry of default judgment. (h/t
@SportsLawLust
)
DC Attorney General's lawsuit names the Washington Commanders, Dan Snyder, the NFL, and Roger Goodell as Defendants. The Table of Contents previews the bombshell allegations that follow. 🍿
Caitlin Clark made history last night. Today, she's helping her neighbors access the food they need. Help
#22
raise $22K for the Food Pantry by making a gift of $22 or more at All donations will be DOUBLED by
@GreenStateCU
.
@CaitlinClark22
NBC has registered the following domain names for sports betting:
NBCSportbook
NBCSportsSportsbook
NBCSportsBet
NBCSportsBets
NBCSportsbook
NBCSportsBetting
Al Michaels just estimated that the crowd at SoFi Stadium (for a LA Chargers home game) was roughly 65% Steelers fans. Embarrassing for the local market. Don’t mean to stir it up here, but, based upon my recent observations, I just can’t see that happening in St. Louis.
BREAKING: Zion Williamson files for protective order against ‘invasive' and 'irrelevant' discovery requests, seeks court order to block Gina Ford’s inquiry into past eligibility at Duke and whether he received any improper economic benefits.
Cowboys’ “participation” in the Zeke Elliott litigation was limited to the filing of two affidavits by the team’s general counsel on issue of irreparable harm. For that, NFL wants Jerry Jones to reimburse ALL of its legal costs in that case (even though main adversary was NFLPA).
In a new court filing, Alan Strickland compares Masai Ujiri to the terrorists who murdered 11 Israeli athletes at the Munich Olympics, and to the fan who stabbed Monica Seles. He says Ujiri posed "the same threats" as these terrorists by ignoring commands to show his credentials.
And an affordable basketball skills camp for 3rd through 8th graders.
The cost: $87.50 per day x 2 days
Includes t-shirt, autograph and snacks.
Plus instruction from women's college basketball's National Player of the Year.
Naturally, Gina Ford’s attorneys attach the “before” and “after” photos as exhibits to their latest court filing.
This is definitely getting down and dirty.
BREAKING: Retired NFL players Aveion Cason and Don Majkowski have filed a federal lawsuit against the
@NFL
and NFLPA over the new CBA’s slashing of “total and permanent disability benefits” to previously-vested players. ERISA lawsuit filed in DC federal court. Details to follow.
Zion Williamson’s attorneys are claiming that new evidence submitted by Gina Ford is “patently fraudulent.” Among their bombshells:
- driver’s license is fake
- signature is “clearly fraudulent”
- New agent pulled same scam on Luka Donacic
- matter referred to law enforcement
2 problems with NFL’s claim vs. Jerry Jones:
1. An overreach to seek ALL legal fees in Elliott case based on Cowboys’ “participation” through filing of affidavits. NFL had to defend vs NFLPA anyway.
2. Patriots filed amicus brief in Deflategate and escaped sanction for that.
Placing a player on the exempt list based on an unsworn civil complaint would set a dangerous precedent and leave players more vulnerable. Threatening a civil lawsuit has fewer consequences, in contrast to threatening to go to the police unless money is paid. Latter is illegal.
I have uncovered an important document that is guaranteed to make disenfranchised St. Louis Rams fans very happy. Not sure it is even known by the lawyers in the case. Stay tuned.
.
@Yankees
president Randy Levine pens op-ed urging New York lawmakers to approve mobile sports betting ASAP “to help the restaurant and hospitality industry generate revenues.” Not to mention the Yankees, who would get an in-stadium sports book.
To justify its move out of St. Louis, the
@RamsNFL
claimed the St. Louis market could not support 3 pro sports teams.
Last week,
@XFLBattlehawks
set the XFL record for single-game attendance with 38,310 fans.
This week, they drew more than 35,000.
BREAKING: Pat McAfee removes Brett Favre defamation lawsuit to federal court. Notice of Removal cites Favre’s lawyer’s statement that the case is worth “millions of dollars” and could “bankrupt”
@PatMcAfeeShow
in order to show that the $75,000 “amount in controversy” requirement…
Here are some of the discrepancies in the Zion Williamson driver’s license that residents of South Carolina have pointed out:
- a dash instead of a single quote mark between “feet and inches”
- Nikki Haley not governor in 2018
- horizontal license
- non-bolded “e” in License
BREAKING NEWS: There appears to be a double standard for NFL team owners.
In Deflategate, Commissioner Goodell stressed that “the ability to conduct an investigation—whether by NFL staff or by independent parties retained by the NFL—ultimately depends on cooperation.”
NEW: Daniel Snyder has declined to be interviewed by Mary Jo White thus far as she conducts the NFL’s second investigation into him and the Commanders. White is expected to make at least one more attempt. From
@NickiJhabvala
,
@lizclarketweet
and me....
MY TAKE: This is a legal Hail-Mary to pressure Zion Williamson (thru Duke) to settle the case and pay the agent millions. She is at high risk of a SJ loss in NC federal court based on UAAA violation (due to recent allegations) and no longer has the advantage of the Florida forum.
Personal news: I have declared myself an unrestricted free agent, after 18 years at Becker & Poliakoff. Lots of great memories. But definitely ready for the next adventure. Will have something exciting to announce soon. Oh yeah, and open for business.
Attendance at Super Bowl pep rally:
Bengals -- 30,000
LA Rams -- 500
St. Louis pep rally (2000): 18,000
NFL relocation criterion
#2
: "The extent to which fan loyalty to and support for the club has been demonstrated during the team's tenure in the current community"
The NFL admitted in a 1999 document that its amended relocation guidelines were the byproduct of "many months" of discussions with the U.S. Conference of Mayors and are designed to "balance and protect the interest of the CITIES, the League and individual teams."
The use of the Commissioner’s exempt list (or paid leave) is not available based on the filing of an unsworn civil lawsuit. Available only where there are formal criminal charges or following an NFL investigation. (See NFL Personal Conduct Policy below). Neither has happened yet.
5. Admit that you knew that Sharonda Sampson demanded and received gifts and economic benefits from persons acting on behalf of Duke University (directly and/or indirectly) to influence you to attend Duke University to play basketball.
BREAKING: The executive directors of the four U.S. players associations (NFLPA, NBPA, NHLPA and MLBPA) issue a joint statement on sports betting legalization.
I just received confirmation of my media credential (and guaranteed seat) for Monday's oral argument in Christie v. NCAA. I will be covering the NJ sports betting case for
@Forbes
. This is my first Supreme Court oral argument, and also my debut for Forbes. Not a bad way to start.
NFL could be hit with punitive damages > $10B in Rams relocation lawsuit. The reasons: (1) pre-2020 MO law has a lower threshold ("reckless disregard"); (2) compensatory damages > $3B; (3) NFL = multi-billion $ corp.; and (4) PD/CD ratios OK'd in past MO cases > 5:1
Feeling confident about Zeke Elliott's chances tomorrow. Irreparable harm is key, and standard on the merits is "serious question" rather than likelihood of success. If I had to venture a prediction,
#Zeke
will be playing this week.
NEW: Antonio Brown has been ordered by a Miami judge to appear for a deposition tomorrow morning at 9:30. The deposition, which will be videotaped, is part of a civil lawsuit alleging that he trashed a multi-million dollar condominium unit that he was renting in early 2018.
California sports betting bill favored by legislature (SCA-6) advances to suspense hearing on June 18th. If legislatively approved with two-thirds vote, sports betting legalization would become a ballot question in this November’s general election.
St. Louis held all the cards:
- All claims, damage theories intact
- Local jury, favorable judge
- Veil of secrecy lifted
- NFL execs under oath
- Trial during Super Bowl
- Jury verdict on fact issues tougher to reverse
- more leverage as trial gets closer
And FOLDED.
NEW: Zion Williamson’s former agent files a 100-page counterclaim in NC federal court.
She accuses Williamson of fraud for reneging on their exclusive marketing agreement after she had wired $100K to his stepfather.
She seeks $100M for breach of contract, plus punitive damages.
Although Deshaun Watson may have agreed with the Texans to sit out with pay, it became de facto discipline once the trade deadline passed without Goodell clarifying whether Watson would be placed on the Commissioner’s Exempt List. Goodell’s inaction ensured it was season-long.
BREAKING: The City of St. Louis has filed a notice that it will be taking the videotaped deposition of Stan Kroenke. He has already been deposed once in this lawsuit. Maybe there is some new information that has since come to light to justify a second deposition.
NEW: Tom Brady, other stars sued in class-action case involving FTX collapse. Other defendants include Gisele Bundchen, Trevor Lawrence, Shaquille O’Neal, Stephen Curry, Shohei Ohtani and the Golden State Warriors.
The St. Louis public authorities played it safe instead of going for the jugular. The leverage only goes up (not down) between now and Jan. 10. A public trial under oath is the ultimate motivator. Fortune favors the bold. Instead, you get spinelessness from political leaders.
According to his former partners, Dan Snyder used the team as his “personal piggy bank,” including charging the team $4.5M to put its logo on his private jet. That’s a pretty big number — both for declaring personal income (if done) and the cost of logo inscriptions.
My latest for ESPN: EXCLUSIVE: How a disputed $55 million loan plays into Feds’ probe of Dan Snyder’s Commanders. Roger Goodell and NFL arbitrator declined to investigate financial misconduct allegations against Snyder by his ex-partners, documents show.
BREAKING: Zion Williamson’s former marketing agent files “newly-discovered evidence” in North Carolina federal lawsuit. New affidavit claims Wiliamson and his stepfather were paid $400K in Oct. 2018 in exchange for granting exclusive marketing rights to another agent.