News & Analysis as of

School Sports

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

by Foley & Lardner LLP on

“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another...more

eSports on the Rise as Collegiate Sport

Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer...more

Former Rutgers Player Sues Alma Mater Over Nickname

by Winthrop & Weinstine, P.A. on

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing...more

It’s A Slam Dunk: Take Steps Now To Avoid Tough Lessons Learned By Several NCAA Basketball Programs

The recent indictment of at least 10 individuals associated with college basketball should alert every university, and many businesses, to the importance of operating strong ethics and compliance programs and conducting...more

Can Divorcing Families Afford The “Sporting Life?”

by Fox Rothschild LLP on

The September 7 issue of TIME Magazine features our obsession with childhood sports. The statistics tell the story. In 2005, school age children played sports at a combined cost of about $8 billion per annum. Today that...more

Back to School Edition: Trade Secrets Go Off to College

After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to...more

Mark Madness: Avoiding Trademark Landmines in College Sports

by Patrick Law Group, LLC on

Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark. The Damascus Swarmin’ Hornets...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

University of Louisville COI Report

On June 15, 2017, the Division I Committee on Infractions (COI) found that the University of Louisville committed multiple recruiting violations involving adult entertainment and prostitution between December 2010 and July...more

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

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

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