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13 You Make the Call 1 (2011)

handle is hein.blasports/ansrvds0013 and id is 1 raw text is: Volume 13, Number 1 {coverage from January 1 4 June 30, 20111 AGENCY LAW Harmon v. Gordon, No. 10 C 1823, 2011 U.S. Dist. LEXIS 7848 (N.D. Ill. Jan. 27, 2011). This decision arises out of Plaintiffs' claims of breach of contract, malicious prosecution, abuse of process, and tortious interference with prospective business advantage. At issue was a financial advising and consulting agreement entered into between Plaintiff and Defendant Ben Gordon, an NBA basketball player employed by the Detroit Pistons at the time of the suit, and Plaintiffs' subsequent termination. Defendant Gordon moved to dismiss each count for failure to state a claim. After analyzing each claim, the court granted Defendant's motion to dismiss the malicious prosecution, abuse of process, and tortious interference claims. However, holding that the client in an agency relationship does not have an absolute right to terminate the agent without breaching the contract, the court denied Defendant's motion to dismiss Plaintiff's breach of contract claim. Hilario v. Taft, Stettinius & Hollister, LLP, No. 95262, 2011 Ohio App. LEXIS 1499 (Ohio Ct. App. Apr. 7, 2011). Plaintiff Nene Hilario is a Brazilian-born NBA basketball player who, at the time of this suit, played for the Denver Nuggets. Despite an evident conflict of interest, Defendants represented both Plaintiff and his interpreter regarding their contractual agreement relating to the interpreter's payment. Additionally, Plaintiff alleged he was never advised to consider obtaining independent counsel and that he did not fully understand or consent to the terms of the contractual agreement. Following the trial court's grant of summary judgment, Plaintiff appealed, asserting that the trial court erred in granting summary judgment in favor of the defendants. After analyzing each assignment of error, the court reversed and remanded the case. Kivisto v. NFL Players Ass'n, No. 10-24226-CIV-MORENO, 2011 U.S. Dist. LEXIS 8827 (S.D. Fla. Jan. 31, 2011). Plaintiff Jake Kivisto, a former agent certified by the NFL Players Association (NFLPA) via the NFL CBA, filed a declaratory action under § 301 of the Labor Management Relations Act following the expiration of his certification pursuant to certain rules contained within the CBA. As part of his certification process, Plaintiff had signed a contract providing for arbitration as the required administrative remedy in the event of a dispute regarding certification issues like Plaintiff's. Pursuant to that contract, Plaintiff appealed the expiration of his certification to an arbitrator, but he ultimately voluntarily withdrew the claim from arbitration dismissing his claims with prejudice. Accordingly, as relevant to this decision, Defendant filed a motion to dismiss, arguing that by Plaintiff's voluntary withdrawal from arbitration, he could not pursue the same claims in this court. Agreeing with Defendant, the court granted the motion. @ Copyright 2011, National Sports Law Institute of Marquette University Law School Page 1

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