Route To: ____/____/____/____ January-February 2018 l Volume 8, Issue 6 and the Fowler Sues White Sox, Sports Facilities Authority Over Injury By Ed Edmonds position in right field. Yankees starter Luis Cessa retired the first two White Sox batters THIS ISSUE hursday, June 29, 2017, is a date that before José Abreu lined Cessa’s third pitch Fowler Sues White Sox, TDustin Fowler will never forget. Fowler down the right field line. Fowler sprinted Sports Facilities Authority made his major league debut that evening towards the ball as it sliced foul towards the Over Injury 1 playing right field for the New York Yankees seats. The ball eluded Fowler’s grasp, and he Appeals Court Dismisses against the Chicago White Sox in a game crashed into a low wall and nearly flipped Ex-Coach’s Defamation at Guaranteed Rate Field. After flying from into the first row of seats. Unfortunately, he Suit Against Attorney 1 Syracuse to join his major league teammates, also slammed his right knee into an unpad- ded, exposed metal box that supports Wi-Fi Reed Smith Adds Fowler battled traffic from O’Hare Inter- Insurance Recovery national Airport to arrive at the ballpark transmissions. Fowler tried to return to his Partner Richard Giller 2 about 2 hours and 30 minutes before the position. He hopped on his left leg but scheduled first pitch. The start of game quickly crumpled to the ground. Yankees Aspen Institute Panel manager Joe Girardi, center fielder Jacoby Examines Whether was subsequently delayed for 2 hours and Football Is at Risk 3 50 minutes by heavy thundershowers that Ellsbury, eventual right field replacement rolled through Chicago that evening. After Rob Refsnyder, first base coach Tony Peña, Pirates Threaten Legal Action Against Park Owner 4 the Yankees scored in the top of the first and a member of the Yankees medical staff inning to take a 1-0 lead, Fowler took his See FOWLER on Page 19 A Good Governance Approach to Stadium Appeals Court Dismisses Ex-Coach’s Subsidies 5 Hawks Name Leftwich Defamation Suit Against Attorney Salary Cap VP 8 Baseball’s Economic he 11th U.S. Circuit Court of Appeals describing three specific incidents, as System Now Favors Thas upheld a district court’s dismissal reported by the Dallas Morning News: the Owners 9 of a defamation suit lawsuit brought by Turner’s gift of a male “blow-up doll” to former Miami Dolphins Offensive Line Greenberg Glusker Hire of an anonymous lineman taunted for sup- Sports Law Attorney Mirell 11 Coach Jim Turner against attorney Ted posedly being gay; texting Martin while Wells, who led an investigation on behalf the-Dolphins lineman Richie Incognito Study Finds Inebriation at Sporting Events Is Growing 12 of the NFL into the role of Turner in the was criticized in the media and accused of allegations that Dolphins teammates bul- bullying; not stopping some of the “sexually Examining the Legal lied their teammate, offensive lineman crude references” about Martin’s mother Consequences of a Jonathan Martin. Research Study that and sister. Wells’ 144-page report suggested that Shows CFL Players Hiding By way of background, the following Turner’s “unprofessional conduct played a Concussion Symptoms 13 was written by Shawn Schatzle, of Havkins role in Martin’s struggles.” Rosenfeld, Ritzert & Varriale, for Sports Revisiting Intersection of But the appeals court found that the Pro Football, Class Actions 14 Wells report did not defame Turner when See APPEALS COURT on Page 15 COPYRIGHT © 2018 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM) 2 JANUARY-FEBRUARY 2018 PROFESSIONAL SPORTS AND THE LAW Reed Smith Adds Insurance Recovery and the Partner Richard Giller In Los Angeles eed Smith LLP has announced that includes successfully resolving their insur- RRichard C. Giller has joined the ance disputes involving disability, loss-of- HOLT HACKNEY Insurance Recovery Practice Group as a value, and workers’ compensation claims. Editor and Publisher partner in the firm’s Los Angeles office. “I was drawn to Reed Smith because JEFF BIRREN Giller was formerly a principal in the of its well-respected and award-winning Senior Writer Los Angeles office of Polsinelli, where his insurance recovery practice; perhaps the THE ROBERTS GROUP practice focused on insurance disputes most acclaimed insurance recovery group Design Editor and insurance recovery with an emphasis in the country if not the world” Giller on sports and entertainment insurance said. “Just as important though, were the EDITORIAL BOARD Gregg Clifton, recovery. He also has a complex litigation people I met while interviewing at the Jackson Lewis LLP and appellate practice. firm; Reed Smith defines the collegial and Carla Varriale, “Richard is an exceptional fit for Reed entrepreneurial climate in which I thrive.” Havkins Rosenfeld Ritzert & Varriale, Smith,” said David M. Halbreich, Practice In addition to a focus on insurance LLP Group Leader of Reed Smith’s Insurance recovery dispute resolution, Giller coun- Jeff Gewirtz, Recovery Practice Group. “He is a strong sels clients about their insurance needs Executive Vice President of Business Affairs & Chief Legal Officer, Brooklyn advocate for policyholders and his work and claims; analyzes and advises complex Nets and Barclays Center with the sports and entertainment indus- insurance coverage issues; deals with in- Irwin A. Kishner, tries on loss-of-value and event cancella- solvent insurance carriers, retrospective Herrick, Feinstein LLP tion insurance is particularly well aligned premium disputes, and captive insurance Robert E. Wallace, Jr. with the needs of our clients served by our programs; as well as prosecuting and de- Thompson Coburn LLP global Entertainment & Media Practice.” fending insurance coverage and bad faith Scott A. Andresen Giller is one of a handful of lawyers cases. His general litigation background Andresen & Associates, P.C. in the country representing professional includes defending complex products li- Laura A. Zwicker athletes in the NBA, NFL and MLB in ability, environmental and toxic tort cases. Greenberg Glusker, LLP insurance recovery matters. Among his Giller has tried a number of state and Richard Giller, Esq. clients are Los Angeles Dodgers pitcher federal cases and has substantial arbitra- Reed Smith Walker Buehler, the team’s first round tion and mediation experience as well as Benjamin R. Mulcahy draft pick in 2015, Mitch Moreland, the extensive appellate experience, including Jenner & Block LLP first baseman for the Boston Red Sox, numerous appearances before several David Cohen Meyers Leonard, center for the Portland California Courts of Appeal and author- Tampa Bay Buccaneers Trail Blazers, and Brady Aiken, a pitcher ing several amicus briefs filed with the Please direct editorial or subscription for the Cleveland Indians, among others. California Supreme Court. inquiries to Hackney Publications at: Giller is a 1984 graduate of Southwest- Reed Smith’s Los Angeles Managing P.O. Box 684611, Austin, TX 78768 ern School of Law. He has represented both Partner Lorenzo E. Gasparetti said, “Our (512) 716-7977 individual and institutional policyholders Insurance Recovery attorneys are provid- [email protected]. nationwide in complex business disputes ing a great deal of the vision and leader- Professional Sports and the Law is with insurers, and secured substantial ship driving our growth in the California published bimonthly by Hackney defense and indemnity payments for market. Richard is well positioned to play Publications, P.O. Box 684611, Austin, TX 78768. Postmaster send changes to clients under a variety of insurance lines. a key role in meeting the demands and Professional Sports and the Law. Hackney His representation of professional athletes needs of our clients.” l Publications, P.O. Box 684611, Austin, TX 78768. Copyright © 2018 Hackney Publications COPYRIGHT © 2018 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM) 3 JANUARY-FEBRUARY 2018 PROFESSIONAL SPORTS AND THE LAW Aspen Institute Panel Examines Whether Football Is at Risk By Ellen J. Staurowsky, Ed.D., Pro- the health risks associated with the game. that while the sport is flawed, it ought fessor, Sport Management, Drexel Numerous positions were taken on the is- not to be removed without something of University sue. Some argued that such a step would significance to replace it. Contributing Writer alleviate concerns about placing children Borland, in turn, questioned the at risk of harm when their brains are still fundamental moral basis on which the n Jan. 25, 2018 the Aspen Institute developing. Pointing out that numerous game is premised, challenging the idea OSport and Society Program hosted a NFL players (current and former) did not that whatever lessons learned by playing roundtable discussion entitled “The Future start to play tackle football until they went football are exclusive to it and could not of Football: Reimaging the Pipeline” that to high school, there was some sentiment be learned by playing other sports or from featured an array of perspectives from that delayed exposure to the sport would other activities. Among the panelists, Bor- panelists representing various sectors of not undermine the ability of players to land uniquely situated the concern about the football community. Representatives succeed and for the quality of the game in injuries in football as a public health issue. included an executive from a football the elite levels to be served. Others pointed He commented, “I’m somewhat incredu- governing body (Scott Hellenbeck, USA out that, in the absence of a national policy, lous that we discuss the reasonability of Football), former National Football a determination of age restrictions on a hitting a 5-year-old in the head hundreds League (NFL) players (Chris Borland, state-by-state basis could potentially cre- of times. It baffles me.” San Francisco 49ers linebacker who left ate a more dangerous situation as athletes Much of the discussion focused on the game after one season; Dominique moved up the pipeline to college.