Law & Policy: Civil Actions
- St. Paul Police: Marathon Disrupters Will Be Arrested
by Jason Scott October 2015
Anyone disrupting or interfering with runners during the Twin Cities Marathon this weekend will face consequences, according to St. Paul police chief Tom Smith.
- How to Establish and Protect Your Organization's Trademarks
by John T. Wolohan September 2015
In April 2015, the Glenview (Ill.) Park District filed a complaint with the United States Patent and Trademark Office claiming the National Collegiate Athletic Association had violated its official trademark. In particular, the Glenview Park District claimed that the NCAA's marketing phrase "Experience It Live" was too similar to the phrase "Experience It" used by Glenview since 2008 in promotional materials. Glenview received formal registration of the mark Feb. 15, 2011.
- California Poised to Become First State to Ban 'Redskins'
by Jason Scott September 2015
The California State Assembly voted on Thursday to approve legislation that would ban any schools within the state from using the term “Redskins” as their nickname or mascot.
- Board of Education Sued Over Mascot Rebrand
by Jason Scott September 2015
A man is suing the Vestavia Hills, (Ala.) Board of Education over its decision to rebrand the “Rebel” mascot at Vestavia Hills high school.
- Missouri Board OKs $15M for Stadium Construction
by Jason Scott August 2015
In an effort to retain the Rams or lure another NFL franchise to the city, a Missouri board approved $15 million in tax credits on Tuesday to help build a new football stadium in downtown St. Louis.
Missouri Governor Jay Nixon, along with the Regional Convention and Sports Complex Authority, proposed the new stadium along the Mississippi River to counter the Rams’ possible move back to Los Angeles, where Rams owner Stan Kroenke has proposed building a $1.8 billion stadium.
As Fox Sports reports, the Missouri Development Finance Board approved the $15 million tax credit plan, despite opposition from board member and Lieutenant Governor Peter Kinder. The sports authority plans to request an additional $17.5 million in tax credits in each of the next two years, bringing the total to $50 million.
The proposed riverfront project is estimated to come with a $998 million price tag. A plan presented to the board on Tuesday laid out a way to raise another $610 million, utilizing funds from an NFL team owner, an NFL loan program, and the sale of seat licenses. Under that plan, the state would need to issue another $201 million in bonds, and $187 million in tax credits and other incentives.
Lawmakers who oppose the plan, including Representative Jay Barnes, issued a lawsuit saying that a taxpayer-funded stadium project should have approval from the state legislature.
“If you want to be responsible stewards of taxpayer dollars, you cannot move forward on this proposal as it is presented,” Barnes said to members of the board.
While some members of the legislature have vowed to fight funding the new stadium, members of the board praised the plan as a boost to the economy.
“Our singular focus ought to be what’s best for the economic development of the state of Missouri,” said board member Reuben Shelton.
- Plastic Fiber in Toronto Pool May Be Public Health Risk
by Jason Scott August 2015
Plastic fibers from a fraying pool liner found floating in the popular Alex Duff outdoor swimming pools at Toronto’s Christie Pits could pose a risk public safety.
- Maryland Suspends Women’s Basketball Assistant Coach Charged with Sexual Abuse
by Stuart Goldman August 2015
A University of Maryland women’s basketball assistant coach has been suspended indefinitely after he was charged with sexual abuse against a player he was coaching at Xavier University in Cincinnati.
- Florida High Schools' Duty of Care Transcends AED Ownership
by John Wolohan and Delana R. Williams August 2015
While it is the job of Congress or a state's legislature to enact laws, it usually falls on the court to interpret what Congress or the legislature intended when it passed the law. For example, the Second District Court of Appeal ruled that, while Florida law may require all public schools that participate in the Florida High School Athletic Association to acquire an automated external defibrillator (AED), train personnel in its use and register its location with the local EMS, the law did not require that the school actually use the AED in an emergency, as AB covered in 2013.
- Judge Orders Towson to Allow Player to Return to Team
by Laura Godlewski July 2015
It was a hot summer day in August of 2013 when Towson University offensive lineman Gavin Class collapsed on the field during football practice. His body temperature had risen to 108 degrees, causing his heart to stop and his liver to fail.
- Family Suing YMCA Over Son's Climbing Wall Injury
by Emily Attwood July 2015
Parents of a boy injured earlier this year after falling off a climbing wall at the Weston (Fla.) YMCA are suing the organization, alleging that the injury was due to an employee’s failure to secure his harness, as well as the absence of safety mats.
Devin Pabian was celebrating his 11th birthday with a party at the YMCA and rock climbing with a group of friends. He had been harnessed in by a worker and scaled the 30-foot-tall wall. As he attempted to rappel down, he instead fell.
The lawsuit alleges the fall was caused by an improperly secured harness or rope, and that the staff member in charge of monitoring the climbers had left the area.
Pabian suffered fractures to his wrist, ankle and spine and had to be airlifted to a hospital for surgery.
"The miracle is he survived such a fall, the tragedy is it was preventable had the facility taken the necessary and reasonable safeguards to protect such young members and visitors they entice to such an attraction," says the family’s attorney, Jay Cohen.
The Pabian family is seeking more than $15,000 in damages. A YMCA spokesperson declined to comment on the lawsuit.