News & Analysis as of

School Sports

College Athletes (Still) Not Employees

by Sherman & Howard L.L.C. on

The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law. On April 25, 2017, the Court dismissed a proposed class action brought by a former...more

Longitudinal Study Finds that Post-Concussion Syndrome (PCS) May Be Permanent

by Downs Rachlin Martin PLLC on

University of Toronto researchers have just published an important longitudinal study following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport...more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

by Downs Rachlin Martin PLLC on

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a...more

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

by Franczek Radelet P.C. on

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

by Ballard Spahr LLP on

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more

Seventh Circuit Upholds Dismissal of Student-Athletes’ Claim for Compensation

by Saul Ewing LLP on

The Seventh Circuit upheld the dismissal of claims brought by two former University of Pennsylvania student-athletes against the NCAA and more than 120 NCAA Division I universities and colleges, alleging that student athletes...more

Seventh Circuit Says Student Athletes Are Not Employees

by Franczek Radelet P.C. on

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

Appellate Court Determines that Student Handbook is not a Contract

by Franczek Radelet P.C. on

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

A Reminder To Be Careful With Ex-Employees And Confidential Information

by Reed Smith on

A lot of companies rely on retired and otherwise former employees for information in litigation – including product liability litigation. Particularly where a product (such as a drug that’s now gone generic) has a long...more

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

by Holland & Knight LLP on

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

Colleges Hid Sports Brain Injury Risks

by Howard Ankin on

Four class action complaints claim that three different college athletic conferences, along with the NCAA did an inadequate job protecting football players from injury. In recent years, the danger posed by certain sports for...more

USPTO Drops 11th Circuit Appeal of ND Alabama Order In Houndstooth Case

We previously blogged on Judge Proctor’s (ND Ala.) order directing the United States Patent and Trademark Office (the “Board”) to comply with the Court’s prior order, approving a settlement agreement between the University of...more

The Alarming Statistics Behind TBI

by Howard Ankin on

Traumatic Brain Injuries, long known as a threat to athletes on the playing field also represent a serious threat in auto accidents, so talk to a Chicago accident attorney in the aftermath of a crash....more

TTAB Retreats From Precedential Houndstooth Mafia Decision

by BakerHostetler on

Trademark proceedings are contentious proceedings, but the battle for registration of the HOUNDSTOOTH MAFIA trademark has been largely overshadowed by the now-ended dispute between the Trademark Trial and Appeal Board (TTAB)...more

The Hound’s-Tooth Bites Back: The Ghost of Paul “Bear” Bryant

Recently, a District Court judge issued a scathing rebuke to the United States Patent and Trademark Office in Board of Trustees of the University of Alabama et al. v. Houndstooth Mafia Enterprises LLC, (N.D. Alabama February...more

School Districts and Drones: The Door Remains Open for Regulation Efforts

by Varnum LLP on

Unmanned Aircraft Systems ("UAS"), otherwise known as drones, are everywhere. Literally. And their recreational use is likely to become even more prevalent given the hundreds of thousands of UAS's that were projected to be...more

Protecting Young Players from Head Injuries

by Howard Ankin on

Playing sports is a great way to improve a child’s health and enhance their athletic skill. While competition can be exciting and enjoyable, it can also be rather dangerous. Each year thousands of young players are injured...more

Office for Civil Rights Clarifies That Cost of Attendance "Counts" for Title IX Purposes

by Holland & Knight LLP on

Scholarships up to the cost of attendance "count as athletic financial assistance and are subject to the same rules under Title IX as other athletic scholarships," according to the U.S. Department of Education's Office for...more

Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving...more

Congress to Shine Spotlight on Concussion Science in 2016

On December 22, Fred Upton, Chair of the House of Representatives Energy and Commerce Committee announced that his committee with commence a “broad review” of concussion science in 2016. Although the announcement...more

Arkansas Football and Non-Competes?

by Fisher Phillips on

Three years ago, we addressed the question of why college football programs do not use non-compete restrictions to prevent coaches from moving to direct rivals. At the time, we mentioned the fact that Arkansas was a program...more

Title IX Implications of the O'Bannon Decision

by Holland & Knight LLP on

The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

by Franczek Radelet P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

by FordHarrison on

On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

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