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Sports Law
Thomas Jefferson School of Law
Grossman, Randy M.

Sports Law

INTRODUCTION

Overview
Definitions

Sport (could come up with statutes (weird sports – poker, etc.))

i. Sport is any athletic skill or competition that is not part of regular daily activities that people, machines, or animals participate in for exhibition or that has a fan base
ii. Factors to look at when deciding whether it is a sport (loosely defined)
1. rules, competition, procedures, physicality, recreation, fans, opposition, equipment, winners, and losers

Professional

i. Someone who gets paid for what they do (rough definition)
ii. “Professional” poker players
1. Don’t always get paid, still professionals

Davis v. Commonwealth
Newman Importing v. U.S.

Professional Responsibility

Sale of Memorabilia

i. Fiduciary Duty
1. Passante v. McWilliam
a. Independent legal advice
2. In re Feldberg
ii. Forging an athlete’s signature or likeness is a prosecutable crime
1. These types of things aren’t policed very well online

Solicitation

i. Attorneys are usually not allowed to solicit business
ii. The Model Rules have strict guidelines as to when an attorney can proactively seek out a client (especially when they suspect the person is in need of representation)
iii. This could be the same for recruiting clients in a legal or agent capacity

Attorneys are not allowed to promise the legal outcome of litigation

i. Keep an eye out for “puffing” if there is no litigation
ii. The only real limit for advising clients is that it be in good faith
1. Advising a client as to a claim that is reasonably thought to succeed and not a claim that is ridiculous and generated just to bill hours and make money, cannot be attached in a malpractice suit if it fails

FANS

Overview
Tickets

Nature

i. In Re Liebman
1. A season ticket holder only has a license to purchase the tickets and that license is revocable at any time
ii. Dobbs v. Dobbs (Community property case)
1. Doesn’t matter whose name the tickets are in, they belong to both because they were acquired after the marriage

Terms and Conditions

i. Pro-competitive effects v. Anti-competitive effects
ii. Sherman Act
1. City Immunit

. This is sort of like getting tickets to the makeup game for a rainout
5. Event coordinator can be interchanged with team, etc.
6. Viewers have less of a case if the event, contest, game, etc is just cut short and not cancelled altogether
a. For instance a game called after 5 innings…you technically see a complete baseball game

Scalpers

i. Ticket scalping is illegal
1. Most regulations state that a ticket has been illegally scalped when it has been sold for over face value
ii. Ticket brokers obtain licenses and pay fees in order to sell tickets for more than face value
1. Sales by brokers at a higher price will not be illegal
iii. NJ Association of Ticket Brokers v. Ticketron
1. Regulating ticket sales is a legitimate police power within states
iv. Anderson v. Regents of the University of California
1. Wisconsin fans lose because no privity of contract
v. Counterfeit tickets are always illegal