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Date : the 13/01/2008
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Sports and the Law: Barry Bonds, Oscar Pistorius, Brandon Jennings, and More

Sports and the Law: Barry Bonds, Oscar Pistorius, Brandon Jennings, and More

If you're a Biglaw associate, you probably know that feeling when all of your matters heat up at once. In academia, that feeling comes far less often. This week, however, there has been an unusual amount of movement in the world of sports law. Here is some of what is going on (and without even delving into Rudy Giuliani's son's lawsuit against the Duke Golf Team -- we may have more on that later -- or today's prison sentences for NBA referee Tim Donaghy's alleged co-conspirators). Judge Places Marlins New Stadium on Hold Although Miami-Dade Circuit Judge Jeri Beth Cohen was originally expected to rule this week in Norman Braman's fight to keep Miami-Dade County from building a new ballpark for the Florida Marlins (previous blogged about here), Judge Cohen announced that she would delay her ruling on one particular issue -- whether Article VII, Section 12 of the Florida Constitution requires a public vote before the county could pledge stadium bonds -- until the Florida Supreme Court announces its decision in a rehearing of an important case on the matter, Strand v. Escambia (PDF). With the Florida Supreme Court on recess until the third week in August, Marlins president David Samson is angered -- even if Judge Cohen eventually rules in the Marlins favor, the team may not have enough time to get their new stadium ready for Opening Day 2011. (Then again, a recent survey indicates more than half of Miami-Dade County residents would be upset if their tax dollars went to build this new stadium). Bonds's Agent Renews Collusion Concerns On the eve of baseball's all-star game last Tuesday, the agent for Barry Bonds renewed his concerns of collusion by MLB club owners (previously blogged about here). Bonds's agent Jeff Borris claims he recently offered Bonds' services to "numerous" clubs for the major league-minimum salary of $390,000, but there were no takers. It remains very surprising that not a single one of Baseball's thirty teams is interested in Bonds' services, especially now that Bonds's perjury case has been delayed until next year. Although a successful collusion grievance would require showing that club owners had a common understanding to boycott Bonds, MLB clubs should be mindful of language from Arbitrator George Nicolau's famous Collusion II ruling (decided Aug. 31, 1988) that explains "it is not one piece of evidence, but the evidence taken as a whole that tells us where a common understanding exists," and lack of offers where, in a free market, offers would be expected helps to prove collusion. Read more -- about Oscar Pistorius, Brandon Jennings, and the Seattle Sonics settlement -- after the jump.

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