Law & Policy: Civil Actions
Death Sparks Lawsuit Over Codes, Staples Center Design
by John T. Wolohan June 2014
As is often the case in law, how the courts interpret a statute is often the determining factor in the case. For example, California Building Standards Code (CBSC) states that the top of guardrails shall not be less than 42 inches in height, except in front of the first row of fixed balcony seats. In that case, the top of the guardrail may be 26 inches in height.
NFL Alum Turner Paid High Price for $5M NFL Settlement
by Ron Borges June 2014
Kevin Turner, like anyone receiving a $5 million windfall, would have been happy to talk about it yesterday. Only one problem: He can't talk well enough anymore to be understood over the phone. Such are the ravages of ALS, commonly known as Lou Gehrig's Disease and more commonly known as a death sentence. In Turner's case, it's all tied together. His days in the NFL as a crushing lead blocker led to so many concussions he can't recall them all. It also led the fullback to be among the most admired players in the league when the topic was stone toughness. Yet there was a price to pay, as there is for all things. In Turner's case the brain trauma he suffered plying his trade led to being diagnosed with ALS four years ago, and yesterday that won him a hard-earned $5 million settlement he can no longer speak about. So for several hours he exchanged texts from a hotel room in Washington with an old friend about the announcement that the concussion lawsuit between more than 4,500 retired players and the NFL had been settled again. This time, the league agreeing to an uncapped monetary figure for damages without admitting guilt to anything, while the plaintiffs agreed to allow unlimited appeals of individual cases.
Duration of KU Tickets-for-Bond Deal Questioned
by Mike Vernon and Jesse Newell, The Capital-Journal June 2014
This isn't what Andrew Knopp intended to sign the Kansas student body up for. Knopp - KU's student body president from 2003-04 - questions the ethics of KU Athletics in regards to a contract signed in 2004. The contract terms, he says, were never supposed to stretch nearly a quarter-century. In April 2004, Knopp signed a contract with former athletic director Lew Perkins. The main point of the contract was this, according to Knopp: KU Athletics would pay up to $1 million per year for the new recreation center expansion and in exchange would get to sell 1,431 seats in Allen Fieldhouse that previously were student tickets. The swap, according to Knopp, would basically be $1 million for $1 million each year, with Perkins assuring Knopp that KU Athletics could make at least $1 million extra by selling those 1,431 seats as season tickets instead of single-game tickets when those seats went unused by students.
Sandusky Probe Report Less Critical than AG Kane
by Angela Couloumbis and Craig R. McCoy; Inquirer Staff Writers June 2014
Pennsylvania Attorney General Kathleen G. Kane's review of the investigation into pedophile Jerry Sandusky was supposed to finally explain why the case took nearly three years to build, and whether it was bogged down by politics.
As O'Bannon Trial Drags On, It's Easier to Foresee Payday
by Tim Dahlberg June 2014
They come calling with promises of a good education, a chance to play on television and some of the best facilities that money can buy. There may come a time, though, when recruiters chasing the best high school football and basketball players offer something else: a nice paycheck to take with them as a parting gift when their college days are over. Football players could get several hundred thousand dollars.
YMCA Embroiled In Lyme Disease Summer Camp Lawsuit
by Kristi Schoepfer-Bochicchio June 2014
In October, the parents of 17-year-old Ariana Sierzputowski filed a $41.7 million negligence lawsuit against YMCA Camp Mohawk, an overnight camp for 7- to 15-year-old girls located in Litchfield, Conn. The lawsuit, filed in U.S. District Court in Connecticut, alleges that Sierzputowski contracted Lyme disease while at the camp in 2011, when she was 14 years old.
Ohio Case Paved Way for O'Bannon's NCAA Lawsuit
by Todd Jones, THE COLUMBUS DISPATCH June 2014
Seeds for Ed O'Bannon's antitrust lawsuit against the NCAA that is playing out in a California federal courtroom were planted five years ago in Ohio. They involved a former college baseball player from Vermilion, his attorney in Cleveland, and their favorable ruling from a judge in Erie County. O'Bannon's class-action suit is drawing national attention in its second week at trial because of possible ramifications that could alter the traditional system of college sports.
Ruling Heartens 'Redskins' Opponents, Changes Nothing
by Erik Brady, USA TODAY Sports June 2014
The Washington NFL team can still call itself "Redskins." That didn't change with Wednesday's ruling by a federal trademark board. But opponents of the name, who call it a racial slur, hope team owner Daniel Snyder will change it on his own.
O'Bannon Case: Is NCAA Defending the Indefensible?
by Deseret Morning News (Salt Lake City) June 2014
The NCAA might be losing the Ed O'Bannon case. If testimony this week is any indication, the NCAA is reeling in its effort to protect the notion that student-athletes are just engaging in their favorite hobbies while being given full rides on the academic taxi. In a San Francisco courtroom this week, defense attorneys for the NCAA are trying to prop up the idea that student-athletes should not receive money for use of their images. Petitioners are arguing that they should get a cut when schools, who collect billions of dollars in revenue, use their likenesses and images for promotions and advertisements.
Gold's Gym Hit with $6M Judgment Over Contract Terms
by Stephanie Hoops June 2014
The Ventura County district attorney has secured a $6 million judgment against Gold’s Gym of Oxnard in connection with a civil action alleging the gym had illegally profited off members for years by making it nearly impossible to get out of gym contracts.