Sports In the Courts Blog

WVU Lawsuit Settled

Mitchell Ayes — Fri, 17 Feb 2012 10:21:42 -0500

In the battle for collegiate conference supremacy, West Virginia University, paid big time to get what they wanted. While WVU's athletic director, Oliver Luck, said the terms of the settlement were confidential, it has been reported that the settlement totaled $20 million. It is unknown how the settlement proceeds will be paid, however, they will not come from state, taxpayer, tuition, or other academic dollars, rather exclusively from private sources and money the athletic department raised independently. This settlement stems from WVU's suit against the Big East challenging the enforcability of the Big East's by laws so WVU could leave for the Big 12 prior to the 2014 season, a 27 month requirement. After WVU filed suit, the Big Easy sued WVU in another venue, alleging that WVU breached its contract with the Big East and was required to remain in the Big East for two years. Recently, WVU's motion to dismiss the Big East's lawsuit was denied, which most likely prompted the settlement. As part of the settlement and dismissal of the suits, WVU agred to have a West Virginia court enter a judgment declaring the Big East's by laws valid and enforceable. By leaving the Big East, WVU should receive between $18 and $19 million per year from the Big 12's lucrative television deals, nearly double what it would have received from the Big East. With the settlement, WVU is cleared to join the Big 12, and will begin conference play at home against Baylor on September 29, 2012.

The UVA Lacrosse Trial: The Medical Proof Hurts the Defense

Chris Fusco — Thu, 16 Feb 2012 12:00:49 -0500

It is former UVA Lacrosse Star, George Huguely's defense that he didn't intentionally kill Yeardley Love. Huguely claims they had a rough physical encounter in which Love "freaked out" in mixed of alcohol and Adderall.

But Tuesday, the Assistant Medical Examiner told the jury that Love's blood alcohol level of .14 and normal level of Adderall (for some on who takes it) in her blood did not cause her death. The medical examiner instead explained to the jury that Love's brain sustained such intense blunt trama it was like she was in car accident. According to the prosecution, the trauma to the brain was so severe it would cause a slowing of breathing and cardiac arrest.

This type of devastating medical evidence will be very difficult to overcome for the defense. Testimony about massive brain trauma causing Love to suffer a cardiac arrest is "impartial evidence" of violent intentional murder. This type of evidence will prove, for the moment, the Love's death caused a vicious and dangerous person.

UVA Lacrosse Murder Trial: Did the Jury and George Huguely have a Moment?

Chris Fusco — Mon, 13 Feb 2012 09:44:15 -0500

The prosecution's theory of murder against former University of Virginia lacrosse star, George Huguely, is simple. The state claims that, in a rage, he brutally murdered his ex-girlfriend, Yeardley Love.

Huguely, for his part, contends, that they both consumed large amounts of alcohol and that Love was also taking Adderall which caused her to "freak out." Huguely claims that they might have struggled but he never intended in kill her (no premeditation for Murder 1).

On the last trial date, the prosecution decided to play Huguely's interrogation video showing when the police told him that Love was dead. On the video and live in court, Huguely began to cry. His open emotion caused Love's sister to cry in an inconsolable fashion. More importantly, at least 2 jurors were seen in tears.

So was this a positive moment for the defense? Was Huguely's pain enough to humanize him for the juror and cause him to become a sympathetic figure?

Many court observers seem to think so but trial moments can be fleeting. Just because there was shared pain over the death of Love does not mean that the jury will nullify a murder charge. The court will also instruct the jurors that sympathy has no place in their deliberations. It seemed to me that inexperienced trial reporters may have placed too much emphasis on a passing emotional moment.

These same commentators failed to recognize the brutality of the alleged crime and how badly beaten Love was at the time of her death. Huguely will have the jury believe that her injuries were self-inflicted or from lacrosse games. But the jurors will see that Huguely literally may be put Love's head through a door in his rage.

That horrible image will last longer than a moment of tears.

Practice? Iverson in Trouble with the Law Due to Jewelry Debt

Matthew Stockwell — Tue, 31 Jan 2012 23:54:41 -0500

Former 76er Allen Iverson had no "answer" to a Judge that ordered him to pay approximately $859,896.46 to a jeweler that he allegedly stiffed. Rather than pay the $375,000 bill when he was sued, Iverson ignored the lawsuit, and a Georgia Court entered default judgment against Iverson for $859,896.46, which includes attorneys' fees and interest. As a result, the Court has taken control of Iverson's bank account and will likely garnish his income to repay the debt.

Iverson has a history of legal and gambling troubles, and in November of 2010, there were rumors concerning Iverson's poor financial situation. Iverson had surgery approximately a year ago, and was attempting to make a comeback during the NBA lockout. However, it is not clear whether he is currently playing. The jeweler certainly hopes that an NBA team will sign him soon.

CLM Publication: Will Insurance bring the UFC to NYC?

Chris Fusco — Mon, 30 Jan 2012 18:17:49 -0500

Check out Chris Fusco's contribution to the new Claims Management Magazine.

The Mets' Madoff Scandal: The Trustee Goes on Offense

Chris Fusco — Mon, 30 Jan 2012 17:32:35 -0500

At first bankruptcy trustee, Irving Picard, was seeking to recover about $1 billion from the New York Mets' ownership for alleged fictitious profits and claims of fraud. However, a bankruptcy judge dismissed many of Picard's claims against the Mets' owners, leaving about $385 million for Picard to extract.

While the Mets principal owners Fred Wilpon and Saul Katz have won some early battles against Trustee Picard, now Picard is looking for a game changer. While trial on Picard's Madoff-related claims against the Mets' owners isn't scheduled until this March, Picard wants a victory now.

Last week, Picard filed a motion for partial summary judgment to obtain $83 million of the $385 million from the Mets' owners. By filing this motion, Picard is telling the court that there is no factual dispute that the Mets received $83 million in fictitious profits and those sums (as part of the claim) should be recovered now.

To avoid this outcome, the Mets' ownership, already strapped for cash, will have to convince the court that there are factual reasons why these funds are not owed back the the bankruptcy trustee. Given the unclear financial future of Mets' ownership and their drastically reduced payroll, you have to wonder if the Wilpon/Katz team could even survive an $83 million hit.

Penn State Scandal: Trending in Sports?

Matthew Stockwell — Wed, 18 Jan 2012 09:30:30 -0500

As the Penn State scandal moves along, there are smaller-scale (but perhaps equally significant) incidents coming to light involving sports figures and coaches.

It is being reported that an underage sex sting operation in Florida resulted in approximately 40 arrests, including a swim teacher and former PGA Tour Professional Steve Thomas. Thomas was charged with seducing an underage girl, and using a computer to entice a legal guardian or parent to commit sexual acts on an underage girl. Apparently, Thomas was caught in an operation set up similar to NBC's "To Catch a Predator," where he attempted to meet with a girl he thought was 13. The swimming coach arrested is Bryan Woodward of the Gator Swim Club. Mr. Woodward coached children of various ages since he was hired in 2010.

Also, a former NFL lineman committed suicide this week, as he was about to enter a plea in Oregon to five counts of sexual abuse and one count of luring a minor. According to the District Attorney, the charges involved three victims, all under the age of 14.

This kind of conduct is not new, but high profile cases such as Penn State will lead to reporting of additional abusive situations. Locally, a Catholic High School coach was recently arrested for videotaping boys in the shower room. Although there was no evidence of any sexual contact, Immaculata High School's Pat Lott was arrested on multiple counts of endangering the welfare of children. A search of Lott's computer allegedly revealed multiple photographs of underage boys in the shower, and a hidden camera was later found in the shower area.

One of Bernie Fine's Accusers Admits to Lying and Recants

Mitchell Ayes — Wed, 18 Jan 2012 09:17:44 -0500

Floyd VanHooser, a prison inmate and one of four men who accused former Syracuse Associate Basketball Coach Bernie Fine of having sexual relationships with them when they were children, has admitted that he lied. VanHooser said he wanted to get back at Fine because Fine did not hire a lawyer to help VanHooser fight a criminal conviction. In December, VanHooser told The Associated Press that Fine began sexually abusing him when he was 14 years old, and the abuse continued as an adult, when the contact included sex acts for money.

In a prison interview on Friday, VanHooser said that he and Fine had a sexual relationship as adults for many years, and it continued until last summer. VanHooser said Fine first approached him for sex when he was in his 30s, and that he was usually high on heroin when they had sex. Additionally, on Thursday, The Post-Standard, a Syracuse newspaper, received copies of two letters dated Nov. 29 that VanHooser wrote and mailed to Fine. In the letter VanHooser stated, "In a statement I gave, I told a lot of lies about Bernie Fine. None of what I said was true. Bernie has been nothing but good to me over the years. He was the only thing I had close to a father. He never did anything wrong. He is a good man."

Onondaga County District Attorney William Fitzpatrick, without seeing the letters, said he was not surprised that VanHooser admitted he lied about Fine. In fact, last month Fitzpatrick, referred to an unnamed fourth accuser in the Fine case as someone serving a life sentence in prison and a persistent felon. He said that person's claims were not credible.

VanHooser is serving 16 years to life at Clinton state prison near the Canadian border for several burglaries of Syracuse-area homes. He was sentenced in October as a persistent felony burglar.

Penn State Scandal: More Questions From Prosecutors After A Secret Sandusky Briefing

Chris Fusco — Thu, 12 Jan 2012 10:16:44 -0500

Some scandals just seem to have no end.

Apparently, as disclosed by Penn State President Rodney Erickson, the Penn State Board of Trustees received a “briefing” on the Sandusky Grand Jury investigation three months before Sandusky was arrested. The briefing was allegedly conducted by former PSU President Graham Spanier before he resigned after much criticism of his handling of this incident.

Now, you can take a wild guess on how many non-law enforcement individuals should be “briefed” on secret grand jury proceedings? If you answered “zero”, you are right.

The result, in part, of this bizarre briefing of the PSU Trustees is that a “re-interviewing” process has now begun of Penn State “staffers” by the State Attorney General’s office. Once again, prosecutors will be asking who knew what about Sandusky’s alleged crimes and when did they really find out. In addition, prosecutors will be investigating to determine when Penn State officials “got their stories together” after an improper briefing about what might have been said in the grand jury.

Once again, not good.

Syracuse Abuse Scandal: Jim Boeheim Claimed Defamation and an Interesting Twist

Chris Fusco — Fri, 16 Dec 2011 12:12:52 -0500

As admitted by legendary basketball coach, Jim Boeheim, he should not have called Bobby Davis and Michael Lang “liars” and “out for the money and nothing else.” Boeheim has now recanted these statements and apologized.

Both Davis and Lang claim that they were sexually abused, as children years ago, by now fired Syracuse Assistant Coach Bernie Fine. These allegations cannot be locally prosecuted as the statute of limitations has run but they are the subject of an ongoing federal investigation.

In response to Boeheim’s comments, Davis and Lang, through celebrity attorney Gloria Allred, commenced a lawsuit against Syracuse University and Jim Boeheim for damages on a claim of defamation. Now, normally calling someone a liar can be construed as an attack on a person’s reputation. However, in the case, the plaintiffs’ are claiming that the words used by Boeheim are much worse because of the speaker is in the Syracuse community.

Davis and Lang argue that they were damaged by being verbally attacked by Boeheim who is more than prominent and powerful figure in Syracuse. They noted that Boeheim has “star status” in Syracuse and because he is “elite.”

In sum, Davis and Lang are alleging that not only the words uttered by Boeheim were damaging to their reputations but this offense has been compounded by the star-like status of a very powerful speaker.

The Penn State Scandal: Is Sandusky's Defense Hinting at a Desire for an Eventual Plea?

Chris Fusco — Tue, 13 Dec 2011 10:34:46 -0500

Today, before the national media, Jerry Sandusky's defense attorney told the world that his client was innocent and he was going to "fight like hell." So why didn't they?

Instead of going through with a preliminary hearing on whether the prosecution had probable cause to charge Sandusky with the crimes in the indictment, the defense waived the hearing and decided to proceed directly to trial. In the news conference that Attorney Joseph Amadola appeared to be enjoying, he stated that the hearing was waived because the defense could not fully attack a witnesses credibility in this type of limited hearing. Amadola also said that the defense waived the hearing for public relations reasons of not having these horrible allegations repeated, on a national stage, against Sandusky.

Well, "public relations" concerns are not a very sound defense strategy. In cases that hinge on the credibility of witnesses (especially from years back), a defense attorney wants as much testimony as possible. The defense attorney wants the prosecution's witnesses to tell their stories, on the record, over and over again. Remember, no one tells a story the exact same way twice. If Sandusky has a chance for an acquittal, his defense team needs to exploit inconsistencies in critical witnesses' accounts. A good defense attorney will use these inconsistencies, however minor or benign, to create reasonable doubt in the minds of a juror.

Yet, today, the defense bypassed this golden opportunity to get more inconsistent statements on the record. Forget about "winning" the preliminary hearing, the object of the game is to build an arsenal for the defense at trial. Since the defense gave this up, is the real truth about the strategy something else?

We heard a relieved prosecutor state that he was pleased that the complainants were not "re-victimized" today. In my experience as a prosecutor, this suggests that the defense wants (or may want) something in return. The eventual trade off here may be a more favorable plea deal for Sandusky.

Penn State Update: Jerry Sandusky Facing Additional Charges

Mitchell Ayes — Wed, 07 Dec 2011 15:05:58 -0500

Today, the Pennsylvania Attorney General, Linda Kelly, announced that Jerry Sandusky would be facing additional charges in the continuing child sex abuse scandal. In the latest indictment, Sandusky has been charged with four counts of involuntary deviate sexual intercourse, a first degree felony, and two counts of unlawful contact with a minor. The new allegations pertain to two new alleged victims who were minors at the time of the alleged encounters. The two minors, known by their alias as Victims 9 and 10, both encountered Sandusky through his work at the Second Mile foundation, which he began. According to Ms. Kelly's statement, Victim 9 was between 11 and 12 years old when he met Sandusky around 2004. It is alleged that Sandusky provided Victim 9 with gifts and money and took him to Penn State football games. Also, according to the AG's statement, Sandusky allegedly met Victim 10 in 1997 after a counselor recommended that Victim 10 attend the charity "because of difficulties in his home life." In total, Sandusky is alleged to have victimized 10 boys over the course of 15 years. According to Kelly. the additional charges filed today "were recommended by a statewide investigating grand jury, based on evidence and testimony that was received following the initial arrest of Sandusky on November 5th." Sandusky, who continues to maintain his innocence and his taken to the public airwaves to share some of his story, most notably an interview on "Rock Center with Brian Williams" will have a preliminary hearing with respect to these charges on December 13, 2011.

Silver & Black Attack Nation's Giant Hamburger Ad

Matthew Stockwell — Wed, 07 Dec 2011 10:54:53 -0500

A burger joint with a creative marketing strategy now finds itself a defendant in a lawsuit filed by the Oakland Raiders in a California federal court. Nation's FoodService Inc., which does business as "Nation's Giant Hamburgers," purchased billboard space right outside of the Oracle Arena (where the Raiders play) to advertise its hamburgers. The advertisement has a cheeseburger popping through a black and silver background (Raiders colors), and reads,

"When Hunger Hits, Raid a Nation's." The Raiders allege that the slogan sounds just like "Raider Nation," and is therefore trademark infringement, as Nation's is allegedly attempting to utilize the Raiders' likeness to portray that there is a sponsor relationship between Nation's and the Raiders. In some ads, Nation's also utilizes an eye patch, similar to the Raider logo.

As clever as Nation's is here, it would be wise to settle this lawsuit by agreeing to pull the advertisements. A copy of the Complaint can be seen here.

Lawrence Taylor Lawsuits Won't Go Away

Matthew Stockwell — Wed, 30 Nov 2011 12:18:46 -0500

Gloria Allred, a Los Angeles attorney who fashions herself as the leading activist of women's rights, has sued Lawrence Taylor on behalf of her client, Cristina Fierro. Fierro was the underage girl who was brought to Lawrence Taylor's hotel room by Rasheed Davis, where Fierro and Taylor had sex. Taylor was prosecuted and pled guilty to patronizing a prostitute and sexual misconduct, receiving a 6 month probation sentence. Fierro alleges she was beaten by Davis and forced to have sex with Taylor. When she arrived at Taylor's room, Fierro claims she had a black eye and was visibly upset, and told Taylor she did not want to have sex. Nevertheless, Taylor proceeded to have sex with her and paid $300.

The Trafficking Victims Protection Act, upon which Fierro's lawsuit is based, has been used primarily to prosecute those engaged in trafficking for financial benefit, through use of force or coercion. Here, there is no indication that Taylor forced or coerced Fierro, other than Fierro's allegations. Since this is a civil action, Fierro's past history is now fair game. If she was a prostitute, we will hear all about it. Taylor's attorney has already come out swinging, stating, "[n]ow, in defending himself, Mr. Taylor and other independent witnesses will have to reveal the rather disparaging truth about Ms. Fierro and the facts about the evening in question."

A copy of the Complaint can be seen here, courtesy of the New York Post. Davis was not named as a defendant despite the fact that his alleged conduct, if true, clearly falls within the scope of the Trafficking Victims Protection Act.

The Penn State Scandal; The Nittany Lions Make the Right Call on Their Investigator

Chris Fusco — Tue, 22 Nov 2011 11:19:22 -0500

Let's face it, the last few weeks have not been very good for Penn State or its legendary football program. In fact, they have been so bad that Joe Paterno was fired and has now gone quiet. The allegations of serial child abuse by former assistant coach Jerry Sandusky and a possible institutional cover-up have turned into a nightmare for the school.

However, Penn State promised us a thorough "investigation" and a search for the truth into these charges, no matter how ugly the facts may be. Today, Penn State took a substantial step in keeping its promise. Penn State needed a major (and independant) law enforcement official to give any internal investigation some credibility. In naming former FBI Director Louis Freeh, Penn State has chosen wisely.

Since Freeh used to be the head of the one of the world's most elite criminal investigation agencies, he has the skills to do a true investigation into this scandal. But, even more importantly, he should have the connections necessary to coordinate his efforts with law enforcement (state and federal) to find out just how deep this scandal may go.

As this story broke, Penn State seemed stunned and slow to react. With choice of Freeh to head its investigation, Penn State has cured that problem, as least for now.

The Penn State Scandal and a Potential Roadblock to Massive Lawsuits

Chris Fusco — Mon, 21 Nov 2011 22:43:31 -0500

We all know how this works. There is a horrific scandal involving PSU and defensiveless children, the school lied, covered it up and then fired its long term coach, Joe Paterno. So the ink on the avalanche of lawsuits against Penn State should be pretty close to dry right now, right? Penn State is going to pay countless millions, right?

Well, maybe not. None of the pundits are talking about it (because they haven't played it forward) but the State of Pennsylvania has a monetary cap of $250,000 of claims against the state and its agencies. As part of the its torts claim act ("TCA"), If a public entity is deemed to be a "agency of the commonwealth" then this limit of liability will apply.

My review of the TCA shows unsettled law of whether of Penn State will be able to gain this protection. But you can rest assured that Penn State's lawyers are going to seek all of the protections that may be avaiable under the TCA.

Also keep in mind that there could be significant statute of limitations problems for some of the victims from more than a decade ago. Either way, the point is to keep in mind that if the TCA applies, then the potential verdicts agaisnt Penn State will be greatly reduced.

Cuttino Mobley Sues Knicks

Matthew Stockwell — Wed, 16 Nov 2011 22:44:05 -0500

Retired basketball player Cuttino Mobley sued the New York Knicks this week in Manhattan federal court, alleging that the Knicks purposely sent him to two cardiologists in order to obtain a medical opinion that Mobley could not play basketball due to his heart condition, hypertrophic cardiomyopathy. Mobley claims that he was diagnosed with this condition in 1999, but was continuously cleared to play by other NBA teams, as long as he signed a waiver. However, once he was traded to the Knicks, Mobley alleges he was sent to two doctors who are "well-known opponents of allowing players with [Mobley's condition] to play." He claims that the Knicks did so in order to have insurance pay his salary, which would not count for purposes of the NBA's luxury tax.

Although the Knicks have not fared well in court (see Isiah Thomas), the problem with Mobley's lawsuit comes from his own mouth. When he retired in 2008, he stated, "[t]he specialists I've seen made it clear that my heart condition has gotten worse and I couldn't continue to play professional basketball without putting my health and life in serious danger. As much as I want to keep playing in the NBA, I have no choice but to follow the advice of my doctors and step away from the league." Mobley didn't say, "I disagree with the doctors the Knicks sent me to and I will be seeking a second opinion."

It be difficult to prove that the Knicks sent Mobley to select doctors, knowing in advance what their opinions would be, particularly since these doctors have great reputations and presumably made medical decisions based upon their examinations of Mobley and review of his medical records. According to ESPN, Mobley then saw four specialists who performed additional tests and convinced him to stop playing. Furthermore, Mobley's claim that no other team will sign him, simply because of the situation with the Knicks, is suspect.

The Penn State Scandal: Sandusky's Bold Move and the Legal Fallout

Chris Fusco — Tue, 15 Nov 2011 10:40:33 -0500

Lawyers often differ on how to approach cases. I don't like a criminal defendant giving a interview to a hostile media. After Jerry Sandusky's disastrous interview yesterday this is why:

1. Burden of Proof: the biggest advantage a criminal defendant has is that the prosecution has to prove each and every element of its case beyond a reasonable doubt. This is the highest standard in our law. After Sandusky's interview, here's what the prosecution no longer has to prove because Sandusky admitted it. Sandusky told us he showered with young boys on more than one occasion, they were naked, their bodies touched and he was the only adult present in the shower. Now, the only factual difference from the indictment is that Sandusky uses the term "horseplay" and the prosecution uses the term "rape" for what happened in the shower.

2. Never call anyone a liar. Sandusky basically took that position that any eyewitness, including Assistant Coach Mike McQueary, is lying about their allegations of sexual misconduct. The prosecution loves this, as they intend on calling a parade of witnesses who will say Sandusky is guilty. But what is more important (and a question McQueary failed to answer) is why would they lie? What would be all of these witnesses' collective motivation to lie and falsely accuse Sandusky of monstrous crimes and in the process destroy Joe Paterno's legacy?

3. Sandusky now must take the stand. Since Sandusky has now come out and given an alternative theory of innocent "horseplay" for what happened, the jury will expect that he will take the stand to give the same story. If he doens't, Sandusky risks the inference of guilt from the jury.

Bye bye 5th Amendment rights

Penn State Scandal: The Feds Must Take Over Now

Chris Fusco — Mon, 14 Nov 2011 21:13:23 -0500

I am not the first to blog this, but the shocking allegations surrounding the Penn State football program and the university must be fully investigated in a responsible and believable way.

We can not trust the same university who failed to acted (and whose officials have now been indicted for lying) to investigate itself. That's a joke. At a minimum, Penn State should outsource its entire investigation to credible person (see the MLB and the "Mitchell Report"). We also know there is enough smoke around this scandal that the Penn State locals can not be trusted to effectively prosecute the ALL the individuals, including Joe Paterno if appropriate, and the area police who may have discouraged criminal cases involving Jerry Sandusky.

Want more concerns? Exactly how did the prior prosecutor on the Penn State child abuse investigation, Ray Gricar, turn up dead? Wait, let me correct myself, the police never found his body, just his computer resting at the bottom of a Pennsylvania river. Back in 1998, Gricar chose not to prosecute Sandusky. Why? Was he going to change his mind before he died. How can an assistant district attorney just disappear?

It may seem off topic but our country's wise Founders established the federal court system for this type of situation. The federal courts and the US Attorney were designed to enter investigations where the locals had failed to act or could not be trusted to be fair. We are 2 for 2 here with Penn State.

I don't want to hear about the federal government's limited resources or anything like that in this case. We are dealing with a major child abuse case, with victims that still may be afraid to come forward. If the FBI and US Attorney's office doesn't take the lead in the investigation and prosecution of an outrageous case like this, then they have violated their collective duty to all of us.

Joe Paterno, The Penn State Scandal and a Potential Roadblock to Massive Lawsuits

Chris Fusco — Thu, 10 Nov 2011 14:08:58 -0500