7 Legal Issues Collegiate Athletics 1 (2005-2006)

handle is hein.journals/lica7 and id is 1 raw text is: 
November  2005                                                                    Volume  7, Issue 1



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           A ReIATE A                                              THLETICS

                   A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics


Player Says Race Was Also
Factor in Her
Departure  ................ 2

Pro Teams Have  Wide
Latitude in Revoking Season
7ckets.......................... 3

Former Basketball Coach
Loses Battle for Attorney
Fees  .................  5

Employee  Sues Former AD
for Sexual Harassment
......................... 5

Delaware  State University
Scrambles  to Resolve
Academic   Misconduct
Issues......................... 7

Trial Lawyers for Public
Justice Claims Sports Law
Victory ............ 7

Discussions Linger about
Division Il's Future........8

CONFERENCE
CALENDAR          .......... 8

News  in Brief .............. 9

Personnel Moves.......... II

NCAA  Places Memphis   on
Probation for Off-Season
Conditioning Drills, Eligibility
Violations .....  ..... 12


Coach's argument that Athletic

    Programs Lack Immunity Fails

A federal judge in the Eastern District  plaintiff coached for a year at Hawaii,
of Kentucky has granted the University  and in February of 1998, he was
of Hawaii's motion to dismiss in a notified that his employment would
case where a former coach sued the be terminated at the end of his written
university for breach of contract. contract.

Specifically, plaintiff Wallace G. English alleged that the contract was
English claimed that the university really for a two-year term. Thus, the
wasn't protected by immunity       Kentucky native sued in federal court,
since the lawsuit stemmed from the alleging jurisdiction based on diversity
operation of the school's football of citizenship. The plaintiff sought $
program, which is a commercial    90,000 in damages for lost salary and
activity ... [and] big business.  reimbursement for other costs incurred
                                   on the job in Hawaii.
In February 1997, University of
Hawaii head football coach Fred Von On August 22, 2005, the university
Appen offered English a job as an  moved to dismiss the claim, arguing
assistant football coach. After reaching  that under the Eleventh Amendment,
an oral agreement, the two parties the court lacks subject matter
signed a written contract for a one- jurisdiction. The plaintiff countered
year term of employment lasting from that the protection of the Eleventh
April 1, f997 to Marchy 3, 1998. The
                                                  Continued on page 6


 Supreme Court of New Jersey Crafts Hybrid
 Rule   for  Injured Patrons at Baseball Stadiums


By Carla Varriale, Esq. *

In a case of first impression regarding
the duty of care owed by the owners
and operators of baseball stadiums to
stadium patrons, the Supreme Court
of New Jersey has crafted a hybrid
duty of care straddling the limited
duty and business invitee standards
of care embraced by other states. 1
This shifting standard of care, which
depends on where a patron is located


within the stadium at the time he or
she is injured, is troubling for the
owners and operators of stadiums and
similar venues and encouraging to
prospective litigants and their lawyers.

In Maisonave v. The Newark Bears
Professional Baseball Club, Inc.,
a foul ball struck plaintiff Louis
Maisonave as he purchased a beverage
from a mobile vending cart located
               Continued on page 4


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