San Francisco Baseball Associates (the Giants) unsuccessfully moved to compel arbitration of the wage and hour claims of Melendez, a security guard employed at AT&T Park. Melendez argued that he and other security guards were employed “intermittingly” for specific assignments and were discharged “at the end of a homestand, at the end of a baseball season, at the end of an inter-season event like a fan fest, college football game, a concert, a series of shows, or other events,” and, under Labor Code section 201, were entitled to but did not receive immediate payment of their final wages upon each “discharge.” The Giants argued that immediate payment was not required because, under the terms of the collective bargaining agreement (CBA) between the Giants and the union, Melendez and all such security guards are not intermittent employees but are “year-round employees who remain employed with the Giants until they resign or are terminated pursuant to the CBA.” The Giants argued that the action is preempted by section 301 of the federal Labor Management Relations Act, 29 U.S.C. 185(a). The court of appeal affirmed, finding that the dispute is not within the scope of the CBA's arbitration provision but that arbitration is required by section 301. View "Melendez v. San Francisco Baseball Associates" on Justia Law

The NFLPA filed a complaint on behalf of Ezekiel Elliott, a running back for the Dallas Cowboys, seeking a preliminary injunction preventing enforcement of a forthcoming six game suspension by the NFL and NFL Management Council. The Commissioner of the NFL determined that domestic violence allegations were substantiated and that Elliott should be suspended for six games. An arbitrator issued a decision upholding the suspension on the same day the district court held a preliminary injunction hearing. The district court then enjoined the NFL from enforcing the suspension. The Fifth Circuit vacated the district court's preliminary injunction, holding that the district court lacked subject matter jurisdiction when it issued the preliminary injunction. In this case, when the NFLPA filed the complaint, the arbitrator had not yet issued his decision, and jurisdiction depends on the facts as they exist when the complaint was filed. Accordingly, the court remanded with instructions to dismiss the case. View "NFLPA v. NFL" on Justia Law

Upon receiving an anonymous tip, the Michigan Gaming Control Board (MGCB) investigated allegations of race-fixing, involving gamblers and harness-racing drivers. Plaintiffs, MGCB-licensed harness drivers, attended an administrative hearing but declined to answer questions, invoking their Fifth Amendment right against self-incrimination. The MGCB immediately suspended their licenses, based on a requirement that license applicants “cooperate in every way . . . during the conduct of an investigation, including responding correctly, to the best of his or her knowledge, to all questions pertaining to racing.” MGCB later issued exclusion orders banning the drivers from all state race tracks and denied Plaintiffs’ applications for 2011, 2012, and 2013 licenses. Plaintiffs sued under 42 U.S.C. 1983, claiming violations of their procedural due process and Fifth Amendment rights. The Sixth Circuit held that the defendants were not entitled to qualified immunity. The exclusion orders were issued about 30 months before a post-exclusion hearing; Plaintiffs identified a violation of a clearly established right. Under specific conditions, a public employee “may rightfully refuse to answer unless and until he is protected at least against the use of his compelled answers.” The Supreme Court has held that if a state wishes to punish an employee for invoking that right, “States must offer to the witness whatever immunity is required to supplant the privilege and may not insist that the employee ... waive such immunity.” Both rights were clearly established at the time of the violation. View "Moody v. Michigan Gaming Control Board" on Justia Law

Rooftops sells tickets to view Cubs games and other events at Wrigley Field from the roofs of buildings it controls. Chicago has an ordinance allowing the rooftop businesses. Before the 2002 season, the Cubs installed a windscreen above the outfield bleachers, obstructing the views from rooftop businesses and sued Rooftops, claiming misappropriation of Cubs’ property by charging fees to watch games.The parties settled by entering into the License Agreement running through 2023. Rooftops agreed to pay the Cubs 17% of their gross revenues in exchange for views into Wrigley Field. The Agreement contemplated Wrigley Field's expansion. In 2013, the Cubs released a mock‐up of its proposed renovation, showing that rooftop businesses would be largely blocked by the construction. The city approved the plan over objections. Rooftops claimed that Cubs’ representatives used the threat of blocking views and other “strong-arm tactics” as leverage to force a sale, and sued, alleging: attempted monopolization; false and misleading commercial representations, defamation, false light, and breach of the non‐disparagement provision; and breach of contract. The court denied Rooftops’ motion for a preliminary injunction. The Seventh CIrcuit affirmed its dismissal of monopolization claims because Major League Baseball’s antitrust exemption applies; Rooftops failed to establish a plausible relevant market; and the Cubs cannot be limited by antitrust law from distributing their own product. The contract's plain language did not limit expansions to Wrigley Field's seating capacity. View "Right Field Rooftops, LLC v. Chicago Cubs Baseball Club, LLC" on Justia Law

The issue presented by this case was whether Washington's Zackery Lystedt Law (Lystedt law), RCW 28A.600.190, gave rise to an implied cause of action. The Lystedt law's purpose was to reduce the risk of further injury or death to youth athletes who suffered concussions in the state of Washington. Andrew Swank (Drew) died from complications after contact with another player during a high school football game. Drew reported having neck pain and headaches. Drew would play again, but the quality of his play "sharply declined." During the game, Coach Jim Puryear called Drew over to the sidelines, where he grabbed Drew's face mask and, according to Drew's father, "began to jerk it up and down hard while he screamed at [Drew], 'What are you doing out there, what are you doing out there?"' Drew returned to the game, where he was hit by an opposing player. He suffered head injuries and staggered to the sideline, where he collapsed. Drew died two days later. Drew's parents sued Drew's school, the football coach, and Drew's doctor on behalf of his estate and individually. The trial court granted summary judgment against the Swanks on all claims, and the Court of Appeals affirmed. The Washington Supreme Court held that an implied cause of action does arise from the Lystedt law. As a result, the Swanks' claims that Valley Christian School (VCS) and Coach Puryear violated the Lystedt law could proceed. The Court also held that the evidence against the coach was sufficient to permit a jury to find liability against the coach, despite the limited volunteer immunity protecting him. Consequently, the Court reinstated the Swanks' common law negligence claims against the coach. Finally, the Court held the trial court lacked personal jurisdiction over Drew's doctor. View "Swank v. Valley Christian School" on Justia Law

Professional minor league baseball is exempt from federal antitrust law. In this case, minor league players filed suit alleging that the MLB's hiring and employment policies have violated federal antitrust laws by restraining horizontal competition between and among the MLB franchises and artificially and illegally depressing minor league salaries. The Ninth Circuit affirmed the district court's grant of defendants' motion to dismiss, holding that, in light of Supreme Court precedent, the decisions of this court, and the Curt Flood Act of 1998, minor league baseball falls squarely within the nearly century-old business-of-baseball exemption from federal antitrust laws. View "Miranda v. Selig" on Justia Law

Plaintiff filed suit under section 502(a)(1)(B) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)(B), after the plan administrator determined that plaintiff's disability-onset date rendered him ineligible for benefits. The Fourth Circuit affirmed the district court's conclusion that plaintiff was entitled to benefits and order requiring the Plan to provide the benefits. The court explained that the Board failed to follow a reasoned process or explain the basis of its determination -- neither addressing nor even acknowledging new and uncontradicted evidence supporting plaintiff's application, including that of the Plan's own expert. View "Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement Plan" on Justia Law

In 2010, the Indianapolis Colts NFL professional football team established an online marketplace for owners of season tickets to transfer their season ticket rights upon payment of a fee equal to 30 percent of the sale price of the tickets. Frager bought 94 season tickets in 2015, believing that he would be able to renew those season tickets in 2016. The Colts refused to give him season tickets for 2016. He sued, claiming conversion. The Seventh Circuit affirmed the dismissal of the suit. A season-ticket holder has no right to future season tickets unless the Colts sold them that right in the first place, and the Colts ticket contract forecloses that possibility. Frager had a reasonable expectation that he would be able to renew his season tickets for 2016. The fact that purchasers of season tickets are willing to pay a 30 percent transfer fee in the online marketplace indicates that the expectation of renewal added to the salable value of season tickets, but given the wording of his contract with the Colts it was merely “a speculation on a chance, not a legal right.” View "Frager v. Indianapolis Colts, Inc." on Justia Law

Plaintiff filed suit against various defendants in the film industry, alleging copyright and state law claims, including breach of implied-in-fact contract and declaratory relief. Plaintiff alleged that defendants used his screenplay idea to create "The Purge" films without providing him compensation or credit as a writer. The Ninth Circuit affirmed the denial of defendants' anti-SLAPP motion to strike the state law claims. In this case, plaintiff's implied-in-fact contract claim did not arise from protected free speech activity because the claim was based on defendants' failure to pay for the use of plaintiff's idea, not the creation, production, distribution, or content of the films. The panel also held that defendants' failure to pay was not conduct in furtherance of the right to free speech. View "Jordan-Benel v. Universal City Studios, Inc." on Justia Law

Illinois High School Association (IHSA), which governs interscholastic athletic competitions for public and private secondary schools, is not a “public body” under the Freedom of Information Act (FOIA), 5 ILCS 140/2. Founded in 1900, IHSA is a private, not-for-profit, unincorporated association with over 800 public and private high school members. IHSA establishes bylaws and rules for interscholastic sports competition, enforces those rules, and sponsors and coordinates post-season tournaments for certain sports in which member schools choose to compete. Any Illinois private or public high school may join IHSA if it agrees to abide by IHSA rules. There is no requirement that public schools constitute a certain percentage of IHSA membership and no requirement that public schools join IHSA. IHSA does not govern all sports or extracurricular activities of the member schools. It does not supervise intramural sports or most club sports. It is not involved in regular season interscholastic contests among the member schools. The Better Government Association submitted a FOIA request to IHSA for all of its contracts for accounting, legal, sponsorship, and public relations/crisis communications services and all licensed vendor applications for two fiscal years. The trial, appellate, and Illinois Supreme Court agreed that IHSA is a not-for-profit charitable organization and not subject to the FOIA. View "Better Government Association v. Illinois High School Association" on Justia Law