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10 Prof. Sports & L. 1 (2019-2020)

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PROFESSIONAL SI


March-April  2019  * Volume  10, Issue 1


and the


Addressing The Rsk of a New Class

of   Plaintiff: The Regge Bush Case


    y: John E. Tyrrell, Patrick J. Mc-
    Stravick, and Alexander M. Shaen
of Ricci Tyrrell Johnson & Grey
  On  June 12, 2018, a St. Louis jury
found the St. Louis Rams liable for Reggie
Bush's 2015 knee injury and awarded him
$4.95 million in compensatory damages
and $7.5 million in punitive damages,
for a total award of $12.5 million. While
the verdict signaled the end of the St.
Louis iteration of the now Los Angeles
Rams, it gave rise to a new liability risk
for stadium operators and professional
teams, while also creating a new class of
plaintiffs: professional athletes injured by
a stadium condition.
  On  November 1, 2015, the San Fran-
cisco 49ers played against the St. Louis
Rams  at what was then known as the


Edward Jones Dome. Reggie Bush was a
player for the San Francisco 49ers. Dur-
ing the first quarter of the game, Reggie
Bush was pushed out-of-bounds and his
momentum   took him beyond the bench
area and onto a section of concrete that
ringed the perimeter of the stadium
playing field. Reggie Bush slipped and
fell backwards on the concrete surface,
resulting in a torn ACL in his left knee.
This knee injury effectively ended Reggie
Bush's playing career.
  In 2016, Reggie Bush filed a lawsuit
against the St. Louis Regional Convention
and Sports Complex Authority (RSA),
the St. Louis Convention & Visitors
Commission (CVC), and the St. Louis
            See ADDRESSING on Page 23


A   Brief Legal Overview of eSports


By Elizabeth G. McCurrach of
BakerHostetler

     he lucrative nature of the sports in-
     dustry is no secret. The Super Bowl,
the NBA Finals, the World Series and the
World Cup are all advertiser's dreams, with
captive audiences locked in and immersed
in every second of the action. But the
popularity of traditional sports is slowly
being challenged by a relative newcomer:
eSports. With eSports viewership cresting
into hundreds of millions of viewers and
arenas routinely selling out tournaments,
revenues and investors are growing expo-
nentially with regulation trying to keep


pace. The legal issues raised with this rapid
evolution are myriad.

What   are  eSports?
ESports are organized multiplayer video
game competitions, amongst players either
individually or as part of a formal profes-
sional team. The first known video game
competition occurred at Stanford in 1972,
with the winner rewarded a year's subscrip-
tion to Rolling Stone. Today gaming is more
lucrative; the Fortnite World Cup has a $30
million prize pool, with the solo champion
guaranteed at least $3 million.
  Although always present in gamer cul-
                See A BREF on Page 25


Worker's Comp Finding
That Player Didn't Pursue
Work Affirmed              27


COPYRIGHT C 2019 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM)

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