Sports and the Law Report

Hamilton Appeals Blood Doping Ban

American cyclist Tyler Hamilton has appealed his two year blood doping ban to the Court of Arbitration for Sport.

Congressional Steroid Tests Violate the Fourth Amendment?

Journalist Murray Chase of the New York Times wrote an interesting article earlier this week arguing that any Congressionallly imposed sports steroid testing could violate the 4th Amendment.  The article titled "Steroid Tests Ignore the 4th Amendment" take issue with recent congressional efforts to legislate steroid testing in baseball.  I, for one, agree with his position which is essentially this: that such a search (which would be deemed an adminstrative search in 4th Amendment terms) is only justified in the presence of a compelling interest such as public safety in the cases of commercial truck drivers, railroad engineers and airline pilots.  Otherwise, such testing can only been imposed by employers or by contract between the testing party and the individual to be tested.

WADA Athelete Committee Filled

The World Anti-Doping Agency (WADA) has announced that it has appointed 13 members to its newly-formed Athlete Committee.

"Unstable Urine" Phenomenon Results in WADA Clarification

The WADA issued a clarification in its Nandrolone testing after emergence of the "unstable urine" phenonmenon.  Here is the release. 

Suit Over Earnhardt Insurance Benefits in Full Swing

Richard Childress Racing has filed suit in North Carolina state court against United of Omaha Life Insurance Company over Omaha's refusal to pay life insurance proceeds following Earnhardt's death after a crash near the conclusion of the 2001 Daytona 500. In 2000, Earnhardt signed a contract with Richard Childress Racing who agreed to insure Earnhardt for $7.2 million to be payable to Teresa Earnhardt if he died during the first year of the contract. A $3.5 million life insurance policy was already in effect with National Life of Vermont, and RCR purchased an additional $3.7 million policy through agents of United of Omaha -- a subsidiary of Mutual of Omaha -- prior to Earnhardt's death. The insurance policy application with United of Omaha was completed and signed in January 2001 by all parties involved: RCR, Dale Earnhardt and United of Omaha. Two premium payments were made by RCR to agents of United of Omaha. However, Earnhardt failed to take the physical needed for the policy to take effect. RCR said in its suit that the insurance company's doctors called to schedule the physical in early February -- when Earnhardt was already in Daytona Beach, Fla., preparing for the NASCAR season. Earnhardt's assistant was told the physical could wait until after the Daytona 500, Childress' suit stated. That never happened. Earnhardt died by crashing into the wall on the last lap of the Daytona 500. Within 24 hours of Earnhardt's death, United of Omaha declined payment on the $3.7 million policy and stated it had closed the case file. Shortly after that, National Life of Vermont sent a check for $3.5 million to RCR, which was delivered to Teresa Earnhardt. The lawsuit against United of Omaha is for violation of North Carolina laws dealing with bad faith and unfair and deceptive trade practices by insurance companies. Under those laws, insurance companies must conduct a reasonable investigation of all claims based upon all available information. RCR contends that United of Omaha did not conduct such an investigation and illegally refused to pay under the policy, thus violating the law and regulations applicable to insurance companies in North Carolina.

Labor Issues Dominate Sports Law Scene for the NBA and the NHL

The NHL and the NHLPA met for nine hours this week in small group disucussions to review revenue measurement and financial reporting issues according to the Associated Press.  Still no end in sight to the work stoppage. And, also this week, the National Basketball Association rejected NBA players union offers concerning a new collective bargaining agreement.  Only one month remains until the current NBA collective bargaining agreement expires.

City of Boston Bans Ultimate Fighting Event

Boston City officials have refused to permit an "ultimate fighting" event and are threatening to ban the kicking and punching bouts altogether.  For more click here.

Cheerleader's Assault Claims Can Go Forward

In the case of Prince v. Cablevision, et al, the U.S. District Court of the Southern District of New York denied a motion to dismiss by the parent company of the New York Rangers seeking to dispens with a former Ranger cheerleader's assault claims against the team's public relations deputy director based on his alleged sexual overtures.

Suit Challenging Stadium Thrown Out

In the case of In Re: Madison Square Garden, LLP, the court dismissed a lawsuit alleging illegalities in a deal involving a planned $2 billion stadium for the City of New York.  This improves the city's chances for hosting the 2012 Olympics.

Knight Suit Nearing Conclusion

A lawsuit accusing Indiana University of violating the state's Open Door Law in the days leading up to former basketball coach Bob Knight's firing may be nearing an end.  The presiding judge requested written arguments from the attorneys representing the school and the fans who filed suit. The fans sued after Indiana President Myles Brand fired Knight for breaching a "zero-tolerance" policy for misbehavior when he grabbed a student who disrespectfully greeted him by his last name.  They claim the school's board of trustees illegally met in secret to discuss Knight's possible firing in violation of the state open door laws.  The school president intentionally controlled the number of trustees meeting to make sure the number of trustees were less than the required number to trigger the public meeting laws.