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8 Prof. Sports & L. 1 (2017-2018)

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PROFESSIONAL SI


March-April  2017*   Volume  8, Issue 1


and the


Teams Look to Increased Netting at

Ballparks to Mitgate Risk


By Christopher Calnan


    longstanding lawhas protected profes-
    sional baseball from litigious injured
fans, but teams are increasingly taking
measures to guard against the unsavory
optics produced by errant balls and bats.
   The so-called Baseball Rule shields
teams and puts the onus on baseball fans
to take responsibility for their safety while
attending games. Yet changes to ballparks
have narrowed the distance between play-
ers and spectators so risk-conscious teams
are installing additional protective netting.
   From a legal standpoint, the courts


generally rule in favor of the park owners.
In November 2016, a U.S. District Court
judge of the Northern District of Cali-
fornia dismissed a class action lawsuit in-
volving Major League Baseball seeking
additional safety netting at ballparks.
   The complaint was prompted by two
MLB   fans injured in separate incidents
at both the Oakland Coliseum and Los
Angeles' Dodger Stadium. Judge Gonzalez
Rogers ruled that MLB's evidence produced
no credible or immediate threat that the
Oakland A's fan would be hit by a foul ball
             See TEAMS LOOK on Page 20


Browns Employ Creative Use of NFL

Salary Cap For Future Success


By Benjamin L. Rouder and Gregg  E
Clifton

   na league well known for the copycat
   tendencies among its franchises, the
Cleveland Browns may have set a new Na-
tional Football League (NFL) standard for
evaluating and completing trades.
  After flirting with a 0-16 season in 2016,
the Browns entered the offseason with a re-
cord $100+ million in cap space. The NFL's
mandatory salary floor requirement would
have forced the Browns to spend at least
89% ofthat amount on players' salaries. The
team's unmatched spending power placed
them in position to leverage their financial
flexibility to potentially sign multiple free
agent players to help reinvent the franchise.
   In sharp contrast, while the Houston


Texans finished the 2016 season with a 9-7
record, winning theAFC Southbefore losing
in the playoffs to the eventual Super Bowl
champion New England Patriots, the team
entered the offseason with the seventh small-
est cap space to sign players, only about $25
million. Numerous NFL pundits suggested
that the remaining three years ofquarterback
Brock Osweiler's (Osweiler) four-year $72
million contract would be an albatross that
would hinder the Texans' ability to improve
andmoveforward as aSuper Bowl contender.
   The immediate needs of both teams
created the perfect opportunity for the
type of trade that is frequently seen within
the salaried cap structure of the National
Basketball Association (NBA), but never
          See BROWNS EMPLOY on Page 7


Legal Expert Believes Rich
Will Get Richer in DFS lndustry23

ABA  Sports Division
Appointments  New Officers 24


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