Law & Risk

Use of ‘Suspension Training’ Term Focus of Lawsuit
Discovery materials are due to be presented Oct. 12 in the case of Fitness Anywhere Inc. v. Lifeline International, with a trial due to start two months later in U.S. District Court, Eastern District of Virginia, which may or may not settle once and for all the question of whether "suspension training" is a generic term.

School, Coaches Not Responsible for Player's Elbow to Opponent's Head
During the second half of a Jan. 2004 basketball game between Iowa Mennonite High School and the Winfield-Mt. Union Community School District, WMU guard Andrew McSorley struck Iowa Mennonite's Jeremy Brokaw in the head with his elbow, knocking him to the court.

High School Loses Retaliation Case
One of the ugly truths in high school and college athletics is that there is some number of sexual predators working as coaches. Through long hours of practices and competition, these individuals gain their players' trust and use their positions to either sexually harass or abuse the young athletes under their supervision.

Athletic Departments and First Amendment Rights of Student Journalists
Aaron Smith was looking forward to joining a dozen or so members of the mainstream media at a scheduled gathering of University of Kentucky men's basketball players, each of whom would be available for eight-minute one-on-one interviews.

Court: Permission Form Did Not Infringe on Parent's First Amendment Rights
A board of education's permission form did not infringe on a parent's First Amendment rights, a court says.

Sports Activism Targets Arizona Immigration Law
Arizona's immigration law has left its mark on sports, but how much influence should sports have over lawmaking?

A Club's Termination Fee Is Held Void
The membership is the lifeblood of any health club. To ensure that clubs remain solvent, their operators must work hard to attract new members and hold onto them.

Health Club Waiver Invalidated After Sauna Fire
Regular readers of AB already know that for a court to uphold a waiver, it must be written properly.

Employee or Independent Contractor? Depends On Who Has Control
In reviewing whether an employment relationship exists, the real issue for the courts is control.

Title IX Blogger Erin Buzuvis Reflects on the Law's 40th Anniversary
Erin Buzuvis set out six years ago to become an expert on Title IX, the federal antidiscrimination law that turns 40 this month. So the Western New England University law professor, with the help of University of Iowa Ph.D. candidate Kristine Newhall, launched Title IX Blog (www.title-ix.blogspot.com) in September 2006, not knowing just how much fodder the subject matter would provide.

Anti-Discrimination Laws Trump Town's Gender-Based Tournaments
Anti-discrimination laws trump a town's longstanding policy of holding gender-based tournaments.

Student-Athlete Fails to Prove Administrators Ignored Her Complaints
A student-athlete's harassment case flounders when she fails to prove administrators ignored her complaints.

Eighth-Grade Basketball Player's Hair a Federal Court Case
As a general rule, the courts will not get involved in the internal decision-making process of pri-vate athletic associations.

Is Lacrosse on the Cusp of a Division I Sponsorship Explosion?
John Paul huddled with his players after they had just defeated Michigan State in last year’s club lacrosse regular-season finale. Paul, a University of Michigan alum and former athletics administrator who over 14 years built arguably the most successful club lacrosse program in the nation, had an announcement to make.

High School Senior Ruled One Day Too Old to Play Basketball
The primary goal of every state high school athletic association is to develop rules and regulations that ensure fair and safe play.

Technology, Education Keys to Keeping Athletes Safe from Lightning
Within a four-week span last fall, a 71-year-old soccer spectator in Demarest, N.J., and an 11-year-old middle school football player in Fort Myers, Fla., were struck and killed by lightning.

Schools Required to Buy AEDs Don’t Have to Use Them
While potentially fatal, an individual's ability to survive a sudden cardiac arrest can be greatly enhanced if the victim is treated immediately with defibrillation, an electrical pulse that can restart the heart.

High Schools Get Aggressive About Concussion Education
Arizona is leading the next phase of concussion education and management.

Supreme Court Will Review NFL Antitrust Case
The NFL hopes the court will expand its lower-court victory by making all professional sports leagues immune from antitrust laws; "Sports Law" contributor John T. Wolohan offers an opinion about the league’s chances of victory.

High-tech Swimsuits Result in World Records, Antitrust Lawsuit
High-tech swimsuits have resulted in hundreds of new world records and one old-fashioned antitrust lawsuit.

Competing Health Clubs Engaged In Dispute
B&R Family Fitness Club of Feasterville, Pa., has alleged that the Huntington Valley location of L.A. Fitness is interfering with its prospective business relationships.