9 Legal Issues Collegiate Athletics 1 (2007-2008)

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                           LEGAL            1      Js      iN            Route To: /   /  /


COLLEGIATE ATHLETICS

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


AD   Hires  Coach,
Despite  Violations.....2

Appeals   Court  Finds
Ohio  State Men's
Basketball  Coach's
Breach  of Contract   Not
Material.....3


Conference   Calendar..4


Recruiting  Infractions
Lead  to Severe
Penalties  in University
of Arkansas   Track
Program....  5


CSRI   Announces
Advisory   Committee
Members........6


AD   Analysis:  How   the
University  of Michigan
Lost  Les Miles.....7


Personnel   Moves..9


News   In Brief.......10


Spread  of MRSA
Leaves  Legal  Questions
Unanswered.....12


Alabama Jury Sends


   On November 29, ajury in Alabama
awarded  $5 million to a former
University ofAlabama football booster,
Ray Keller, who claimed the NCAA
defamed him when it announced the
imposition of penalties on the Crimson
Tide in 2002. Keller maintained that
the NCAA wrongly lumped him in with
other boosters who were accused of
making improper contacts and payments
to recruits in the 1990s. Atimber dealer
and Crimson Tide fan, Keller argued that
the NCAA  slandered and libeled him
during the announcement of penalties
by referring to him and others as rogue
boosters, parasites and pariahs.
   According to press reports, the
NCAA  did not use the name of Keller
or other boosters in announcing
penalties against Alabama, but their


a  Message to NCAA
                 By Rick Karcher

 names  appeared in news accounts
 and the university sent Keller a letter
 barring him from its athletics program.
 The jury awarded him $3 million in
 punitive damages, $1 million for mental
 anguish, $500,000 for economic loss and
 $500,000 for damage to reputation.
    One  only needs to review the
 press reports to realize that this case
 essentially amounted to a rehearing of
 the penalties imposed on the Alabama
 football program five years ago by the
 NCAA,  but this time the case was heard
 by twelve Crimson Tide fans.
    For example, Keller indicated that
 he felt this verdict could help show that
 Alabama was also wronged: Ifthis does
 anything to vindicate them, great. I'm
 an Alabama fan now, and I was when
 this started. Press reports also stated
                  See ALABAMA page 8


Court Finds that Facility Owes No Duty of


    Care to Spectators


    The New  York State Court of
Appeals, the state's highest court, held
last month that a facility does not have to
warn or to protect non-patron spectators
who are injured, while retrieving foul
balls outside of a baseball stadium.
   In Haymon  v. Pettit, 2007 Slip
Op 09071 (November 20, 2007), the
plaintiff's 14-year old son sustained
personal injuries when he was struck by
an automobile as he chased a foul ball
into traffic outside ofa stadium operated
by the defendant. The defendant offered


Outside of Stadium
                 By Carla Varriale

  free tickets to people outside of the
  stadium who retrieved foul balls and
  returned them to the ticket window as
  part of a promotion.
     The motion court held that the
  defendant owed a duty of care to
  prevent non-patron spectators from
  chasing foul balls into the nearby
  street because it created a foreseeable
  dangerous condition. The Appellate
  Division reversed and dismissed the
  action. Because two justices dissented
  and voted to affirm the motion court's
                 See STADIUM on page 6


Digitized from Best Copy Available


December 2007


Volume 9, Issue 2

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