Law & Policy: Civil Actions
Lawsuit Seen as Embarrassing, Merited, Political Football
by Paul Steinbach January 2013
Reaction to Pennsylvania governor Tom Corbett's announcement Wednesday that he intends to sue the NCAA over its response to the Jerry Sandusky scandal at Penn State came with swiftness reminiscent of NCAA's original actions.
U. of Iowa Climbing Wall Closed After Student Falls
by Emily Attwood November 2012
The rock climbing wall at the University of Iowa is closed indefinitely after a fall landed one student in the hospital on Nov. 9. Business student Spencer Bean, an experienced climber who is also an employee of the Campus Recreation and Wellness Center, fell 30 feet, landing upright on his feet. He remained conscious and coherent for a few moments before passing out.
Warning Labels at Center of Products Liability Case
by John Wolohan November 2012
Randall Duchesneau, a 21-year-old student at Cornell University, was using a Tumbl Trak™ gymnastics tumbling training apparatus when he attempted to perform a standing back flip. Landing squarely in the center of the apparatus, Duchesneau suffered catastrophic, permanent spinal injuries, rendering him a quadriplegic. As a result of his accident, Duchesneau sued Tumbl Trak, claiming products liability - specifically, that the company failed to warn of the dangers associated with the product - and Cornell, claiming negligent supervision of this allegedly dangerous product.
40,000 TRX Suspension Trainers Being Recalled
by Emily Attwood October 2012
Fitness Anywhere has issued a voluntary recall of approximately 40,000 early-model TRX Suspension Trainers due to a faulty strap-length adjustment buckle that can break and cause injury. The models affected by the recall are Professional (P1) and Tactical (T1) Trainers sold to health clubs and gyms between January 2006 and December 2009. Owners should stop using the recalled models immediately and contact Fitness Anywhere by phone at (888) 221-7417 or by email at email@example.com for a replacement.
Use of 'Suspension Training' Term Focus of Lawsuit
by Andrew Cohen August 2011
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.
A Poor Record Isn't Sufficient Reason to Fire a Coach
by Andrew Cohen April 2011
An Iowa high school coach who was fired after a 1-8 season is now 2-0 in his effort to win back his job. The Iowa Court of Appeals yesterday ruled 2-1 in favor of Bruce Wall, who was fired in April 2009 by the Jesup (Iowa) School District. According to the Waterloo-Cedar Falls Courier, district officials claimed Wall did not respond enthusiastically enough to administrators' recommendations for improvements. Wall countered that some of administrators' suggestions, such as having mandatory weight lifting sessions in the off-season, weren't legal, and that the real reason the school board removed him from his position was that he hadn't won more games. An adjudicator ruled in favor of Wall in 2010, and the appeals court agreed that the board didn't have just cause to terminate him - the win-loss record wasn't enough of a justification to let a coach go.
Health Club Waiver Invalidated After Sauna Fire
by John T. Wolohan April 2011
Regular readers of AB already know that for a court to uphold a waiver, it must be written properly.
Blog: This Drill's Name Won't Help You in Court
by Herb Appenzeller February 2011
During a preseason basketball workout at Guilford College, where I served as AD - this was in 1965 - one of our highly touted basketball players collapsed during a conditioning drill. Later that night, our coach, who had been very concerned about the situation, came to see me and let me know that the player had recovered after the "scare" he gave everyone. I asked him what drill was the one that resulted in the player collapsing. He replied, "The Suicide Drill."
School, Coaches Not Responsible for Player's Elbow to Opponent's Head
by John T. Wolohan January 2011
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
by John T. Wolohan December 2010
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.