Posts Tagged ‘sports’

Postcard from Interlaken

Ted is on vacation in Europe, and sends the following:

So Slim and I went paragliding in Interlaken, Switzerland, today. As the van takes a group of five customers up to the top of the hill, the leader explains that we’ll each get to pick our tandem pilot.

I consulted my inner economist. “I want the one with the gray hair,” I said.

The pilot, Robi, gave me a form. “Regulations. Just like any air flight, we need to have the name and destination recorded. The liability is just like Continental Airlines,” handing me a ticket to sign. I read the back, expressly disclaiming that Air Transport laws applied, and stating maximum liability would be 72,500 francs. And since it’s Switzerland, the law of contract is probably respected, so that’s a real waiver. Fair enough — if I do not fly, so much as plummet, my ability to recover in civil court is perhaps the last thing on my mind. My pilot has plenty of economic incentive to land safely such that civil liability does not add much at the margin. And Coase teaches us that the limited liability permits the price to be as low as it is. I accept the benefit of the bargain, and assume good faith that the professional paraglider is just unfamiliar with the nature of the forms rather than trying to snow me.

The fact that I’m writing suggested that I survived. But I’m pretty confident that one is not supposed to bounce on the side of the hill during takeoff. (Slim, whose launch was after mine, reports that one of the other pilots crossed himself at the time.) And, hey, fun.

New owner for West Virginia water slide

Mike Wallace, a 41-year-old Charleston attorney, completed his bucolic riverfront playground with a 53-foot-long metal slicky slide from a defunct water resort, and spared no expense of cranes, trucks and barges to get it there. And the irony isn’t lost on him: “I’m a trial lawyer and it was probably trial lawyers that shut that place down.” Guests? “I’ll probably ask people to sign a release.” When the lake resort that had formerly owned the slide closed down in 1987, “its owners said astronomical rises in liability insurance forced their decision”. (Monica Orosz, “Slide from old Rock Lake Pool gets new life on river”, Charleston Daily Mail, Sept. 7)(& thanks to Eric Turkewitz for correcting “slicky slide” from the worse than nonsensical “sticky slide”, which I’d originally typed) .

Tipsy totter ended wrestling, began political career

No longer able to practice his art as one of the “Killer Bees” tag team duo in bee-striped trunks, and reduced instead to serving as an elected public official in Florida:

Six years after a restaurant accident that he blamed for ending his professional wrestling career, Brian Blair has settled his negligence lawsuit against Carrabba’s Italian Grill. …

Carrabba’s attorney, Donald G. Greiwe, had filed papers indicating Blair was impaired at the time he tripped over a tray of bussed dishes at the restaurant. And Greiwe’s exhibit list included a videotape of a tag-team wrestling match in Nagano, Japan, in October 2001 — more than four months after Blair’s accident in the Carrabba’s on North Dale Mabry Highway. …

Blair claimed his ring career came to an end on the evening of June 2, 2001, when he visited Carrabba’s with his wife and two sons…. Blair, 50, filed the lawsuit on Nov. 5, 2002, three days after losing his first run for public office in a race for a Hillsborough County Commission seat won by Pat Frank. In 2004, Blair, a Republican, tried again and won a commission seat in a close contest against Bob Buckhorn.

He continued to press his case against Carrabba’s even after his original lawyers quit. Attorneys Nadine S. Diaz and Ron Darrigo, who had taken Blair’s case on a contingency basis, withdrew in January 2006, citing “irreconcilable differences” with Blair. …

A record filed by Greiwe of an examination of Blair at St. Joseph’s Hospital about an hour after the accident showed a blood alcohol of 0.089 percent, above the 0.08 level at which state law presumes an individual to be impaired. Greiwe said in court papers that Blair’s fall was the “result of his own negligence.”

Asked in a sworn deposition about his condition, Blair denied drinking before coming to the restaurant, suggesting he might have taken “one sip” of Carrabba’s house wine before the fall.

(Jeff Testerman, “Blair, cafe settle lawsuit”, St. Petersburg Times, Aug. 28).

Running of the bulls

The strength of local animal rights sentiment is not the only reason the event takes place in Pamplona as opposed to Pompano Beach:

…Can you imagine if it were held in America, instead of Spain?

…The running of the bulls would be followed by the running of the plaintiffs lawyers, as they clamor to represent injured parties who, honest your honor, had no idea that such an event could be hazardous to their health. Surely those hold harmless agreements signed by the participants do not absolve public officials of their responsibility to protect people from putting themselves in harm’s way, the class action lawsuit would allege.

(Paul D. Winston, “America not yet ready for running of the bulls”, Business Insurance, Jul. 23).

Update: restaurant dropped from Josh Hancock suit

St. Louis: “The family of late Cardinals pitcher Josh Hancock dropped a wrongful-death lawsuit against Mike Shannon’s restaurant stemming from the player’s death in April.” The family and its lawyers had been widely criticized (May 24, May 29, etc.) for the breadth of the net they cast in their lawsuit, including the driver and owner of the tow truck into which Hancock smashed, and “the driver of a disabled car on the highway whom the tow truck driver had stopped to help”. (“Shannon’s restaurant dropped from wrongful-death lawsuit”, ESPN, Jun. 30).

But I’m a litigious cheerleader

A school board upheld the superintendent’s decision to hold the junior varsity cheerleading squad at Yorktown High School in Texas to six members, which meant there was no space for the seventh hopeful, incoming freshman Wycoda Fischer. Now the Fischer family’s lawyer, Lisa Duke of San Antonio’s Anderson & Duke, says the family is preparing court action to get their daughter on the squad. “We have no other option but to move forward with the lawsuit.” “No other option,” of course, being in this case lawyer-speak for “looks like we aren’t going to get our way otherwise”. (Sonny Long, “Cheerleader’s family to sue school district”, Victoria Advocate, Jul. 12; Nota Bene, Jul. 13). More cheerleader suits here, here, and here.

Lawyer parent “turns on legal heat” after being asked to leave Little League game

The signs at the New Tampa Little League field are clear: Please practice good sportsmanship at all times.

League officials say one parent has missed the message, and they’ve asked him to leave the park more than once.

But that parent also happens to be a lawyer for one of the largest law firms in Florida. Now he’s alleging that the New Tampa Little League defamed his character in front of parents, friends and clients, and he has hinted strongly at legal action.

Fred Grady, 47, a construction lawyer for Holland & Knight in Tampa, sent league president Monica Wooden a letter on Holland & Knight stationery. The letter, dated June 11, says the league officers’ actions and accusations damaged him. Pursuant to state law, the letter gives Wooden 30 days to send him a copy of the league’s insurance policies and coverage.

That letter capped off a series of e-mail exchanges between Grady and Wooden in which Grady repeatedly asked for a letter of apology from Linda Harrell, a league director who ordered him off the field on April 28. Grady wanted the letter sent to all parents, players and coaches on his son’s team, and he wanted it in time for the end-of-the-season party so he could read it aloud, Wooden said.

“I’m all about principle,” Wooden said. “But I’m not going to patronize some guy who needs something for his self-gratification.”

When Grady didn’t get the letter, he sent Wooden the e-mails.

“If NTLL decides or has decided the Director acted outside of her scope of authority then so be it but that issue will NOT be determined by me, but rather by a judge or jury if this matter proceeds,” said one e-mail bearing Grady’s name.

Another read: “If the NTLL is not prepared to resolve the matter along these lines then I will have no other choice but to take legal action against NTLL and Ms. Harrell individually.”

Grady requested the name of the league’s lawyer: “I assume NTLL does not have LOCAL counsel? Perhaps NTLL should consider retaining a local attorney.”

The firm says the use of letterhead was appropriate because the firm had been engaged. (Dong-Phuong Nguyen, “Makings of a major-league fuss”, St. Petersburg Times, Jul. 7 (via Kirkendall)). Recent litigious parents: May 21; May 3; April 2006; Dec. 2005; Sep. 2005; Jun. 2005; Feb. 2005; Mar. 2004.

Next stop for boys’ team-cutting: high schools?

The quota pressures of the federal Title IX law have resulted in the axing of hundreds of men’s college sports teams, and now activists are preparing to intensify their legal campaign at the high school level, reports Jessica Gavora:

At the center of the pro-quota activists’ marching orders for Congress today is something called the “High School Sports Information Collection Act.” It’s modeled after the Equity in Athletics Disclosure Act (EADA), which for a dozen years has forced colleges and universities to annually report their athletic participation and expenses — broken down by sex — to the feds. The EADA was meant to be, and is, a one-stop-shopping list for trial lawyers and activist groups looking for schools to sue for failing to meet the Title IX quota. Now, courtesy of Senators Olympia Snowe and Patty Murray, they are about to have the same litigation hit list of high schools.

In a year in which Rutgers, James Madison, Ohio University, Butler, Clarion, Slippery Rock, and Syracuse have eliminated hundreds of men’s roster spots in full or in part due to Title IX, we have yet to see — thankfully — boys’ high-school teams eliminated under the law. But we are beginning to see boys athletic opportunities be limited due to Title IX quota creep in high schools.

(Jessica Gavora, “Title IX Trickle-Down”, National Review Online/CBSNews.com, Jun. 20)(broken link now fixed).

NBA Games Soon to Be Settled Via Lawsuit

A “slam dunk” story for the day after the NBA Draft:

Dallas Mavericks owner Mark Cuban isn’t shy about using multiple avenues to promote himself and his team. In what is likely an attempt to keep his name in the news, Cuban is suing Golden State Warriors head coach Don Nelson, who used to coach the Mavericks, for knowing the Mavericks personnel a little too well. This “inside” knowledge, claims Cuban, helped the eighth-seeded Warriors beat the #1 seed Mavericks in the first round of the NBA playoffs this year.

From the story:

Mavericks owner Mark Cuban believes Golden State’s sizzling shooting alone didn’t sink his basketball team in the most stunning playoff defeat in NBA history.

That’s according to Don Nelson’s attorney, John O’Connor, who said Cuban is suing Nelson, claiming the Warriors beat the Mavs in the first round because the Warriors’ coach — and former coach of the Mavs — had “confidential information and he [Cuban] wants to enjoin Don from coaching against the Mavericks.”…

According to the story, when Nelson left the Mavericks, he signed a “non-compete” agreement with Cuban, which Nelson claims ended when he took the job with Golden State. Cuban contends that this agreement is still in effect, which should prohibit Nelson from being able to coach another team.

I’ve often wondered how this actually affects sports teams – for instance, when a baseball player is traded mid-season to a competitor. Does it do his new team any good to have his inside knowledge of how the other team works? Isn’t it an advantage to know all the signals and shifts the other team can make, not to mention the personnel tendencies?

It’s still up in the air, however, which is a more embarrassing move for a franchise: Cuban’s lawsuit, or drafting a Chinese guy who may be lying about his age, refuses to work out against a human being, and has the Chinese government saying he will never play for your team. But I’m not bitter.