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NFL, with similar antitrust claims as found in Brady v. The lawsuit was filed in the same court as Brady v.
THE TAX PROTESTER FAQ
NFL: the U. District Court for the District of Minnesota. Eller v. NFL is different from, and potentially more threatening, than Brady v. NFL because neither retired players nor prospective players -- the plaintiffs in Eller v.
In Brady v. But in Eller v. NFL, the NFL cannot argue that the plaintiffs engaged in bad faith to bring an antitrust lawsuit, since neither prospective nor retired players were among those who collectively bargained with the NFL. Retired players, moreover, are arguably harmed by the lockout because NFL-sponsored programs that address the needs of retired players are partly financed by fines of NFL players. During a lockout, no NFL player will be fined, thus removing a funding source for these programs. For their part, prospective players claim to be harmed by the NFL lockout because they are "boycotted" by competing NFL teams from using their football talents for compensation.
They also emphasize that there is no substitute league for the NFL that would significantly mitigate their harm. The NFL, however, will likely highlight decisions by courts which express that players' associations bargain not only on behalf of current players, but also on behalf of those not yet in the league and those who were already in the league. As a result, the NFL will maintain that neither college players nor retired NFL players have standing to bring a lawsuit: although the Eller plaintiffs are not formal members of the NFLPA, their interests are represented by those formal members.
In response, expect the Eller plaintiffs to insist that because the NFLPA is decertified, it cannot represent any players, be they prospective, current or past. NFL could become extremely important should Judge Nelson deny the Brady plaintiffs' motion for a preliminary injunction on Wednesday.
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The Eller lawsuit also asks for a preliminary injunction against the lockout, and depending on Judge Nelson's reasoning should she reject one in Brady v. NFL, it is possible that Eller v. NFL could open the door for a second bite at the lockout apple. Arbitrator Sends Donaire Back to Top Rank in a Flash : Unified bantamweight titlist and pound-for-pound entrant Nonito The Filipino Flash Donaire, fresh off of his crushing February 19, stoppage of Fernando Montiel, found himself at the center of the latest legal battle between Top Rank and Golden Boy Promotions in mid-March when he signed a multi-year promotional agreement with Golden Boy Promotions and filed a lawsuit against Top Rank seeking a declaratory judgment stating that he had no further obligations to Top Rank due to alleged breaches of contract.
At the time, Top Rank felt that it still had a valid contract with Donaire and indicated that it would enforce its rights under the agreement. Sure enough, Top Rank did, and by the end of March, an arbitrator enjoined Golden Boy from promoting Donaire during the time remaining on his agreement with Top Rank. A message to all professional boxers in promotional agreements who wish to go elsewhere: Be very certain that your promotional agreement has either expired, or has been materially breached, under its terms before making any drastic moves.
We'll find out in the coming months if WBA Light Heavyweight Champion Beibut Shumenov did just that, as he recently announced that he was severing ties with his promoter, Goossen-Tutor, and is seeking a declaratory judgment in a Nevada court to support his position. While his handlers vociferously rejected any such notions, the controversy begs the question of what could happen if an athletic commission suspended a boxer for failure to disclose an injury?
Jacky Ellis, Author at AAT Comment
In New York, Solis could be denied a license on three separate grounds if such a finding were made elsewhere. In sum, if an adverse finding were to come out of Germany as to the outcome of the Solis-Klitschko fight, Solis may lose another battle or two because of his wounded knee. The proposed bill faces opposition from the Nevada State Athletic Commission, as Executive Director Keith Kizer reportedly believes that the additional fees and insurance coverage are both unrealistic and could have a chilling effect on professional boxing in Nevada. Whether the bill is successful or not, here's hoping it will lead to renewed dialogue about how to care for boxing's wounded warriors once their careers are over.
The result is that the New York Athletic Commission will not lose Lathan as its Chairperson, at least not during the upcoming budget cycle. On March 21, , it was reported that The Empire was withdrawing from the boxing business, leaving its former president, Greg Cohen, to form his own promotional company. The following day, it was reported in The Sun, a London newspaper, that Briggs announced his retirement from boxing via Twitter due, in part, to his disgust with the business of boxing.
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While The Empire's hasty withdrawal from the boxing world left the boxers it had under contract in limbo as promotional free agents, Briggs' departure from boxing marks the end of the career of one of the most explosive and charismatic heavyweights of the past 15 years. At the time, Briggs was regarded as such an uber-prospect by boxing cognoscenti that HBO did even both bother profiling his opponent, Darroll Doin' Damage Wilson, in its pre-fight review of the young heavyweights featured that night. However, while Tua did his part to say hello to boxing fans around the world that night by savaging future world titleholder John The Quiet Man Ruiz in perhaps the most explosive 19 seconds in heavyweight history, Briggs' momentum hit a massive pothole when he was shockingly stopped by the unheralded Wilson in three rounds.
Fast forward to March , and Briggs and Tua were again the talk of the boxing world this past month, although this time, both for negative reasons. Meanwhile, Tua was involved in a controversy of a different kind as his latest opponent, Demetrice King, was not paid for several days following his round decision loss to Tua on March 19, The origin of the dispute was reportedly confusion as to who was responsible for King's purse and has since been resolved.
Tua's opponents going forward, however, will likely be wary of committing to a fight with him if not provided with written upfront assurances that they will be paid in a timely manner. As a side note, while Tua went the distance with King, Briggs laid waste to King in two rounds back in MMA scene in early March when it acquired rival promoter Strikeforce. After UFC's announcement of the merger, internet chat boards were abuzz about its implications.
At least some of those chat boards also hosted debate as to whether UFC's acquisition raises any anti-trust concerns. While it may be premature to suggest UFC has an actual monopoly on the promotion of MMA in the United States, the Clayton Anti-Trust Act makes it illegal to partake in mergers and acquisitions that substantially reduce market competition. In the event that MMA becomes a priority for the U. Given the proliferation of MMA promoters throughout the country and the nation's increasing appetite for MMA, however, such a claim would likely face a difficult battle in court.
The reversal means that Brahmer will not be facing a 16 month prison term any longer for purportedly hitting a woman during a bar fight, and clears him to focus solely on his upcoming title May 21 title defense against Nathan Cleverly. It also means that his management and promotional teams need not spend any more time reviewing any morals clauses or tolling provisions that might have in their respective agreements to evaluate how to protect their interests during, or as a result of, Brahmer's incarceration. Silva has not yet been suspended, and has 20 days after his receipt of any complaint to answer same.
If it turns out that the urine actually came from a rooster and not Silva, Standing 8 Court will consider his actions a step backward in the battle to stop comparisons between MMA and cockfighting. Kohl notes that Chagaev participated in a sanctioned WBA eliminator and paid the fees for same in support of his position, but fails to acknowledge the weight that the BBBC's decision may have placed on the WBA's own decision making process since the eliminator. He now may have found a way to scandalize the next sport he decided to try out, celebrity boxing.
Canseco purportedly denied the allegations in a telephone call with the New York Post and placed the blame squarely on the card's promoter, Damon Feldman. He allegedly stated that Feldman tried to pawn off Ozzie Canseco as Jose at the last minute, though Ozzie himself was a former professional ball player and thus worthy of being a celebrity boxer in his own right. If Canseco told the truth to the New York Post, it would not be the biggest surprise, as Feldman recently pleaded no contest to fight fixing and promoting fights without a license in Pennsylvania.
Follow Paul Stuart Haberman, Esq. Kathy Hoskins, the former personal shopper of Bonds and the sister of Steve Hoskins, carefully explained how she watched Anderson inject Bonds in the navel during the season. She came across as believable, normal and someone with whom jurors could likely identify. Her memory also appeared strong, especially when she recalled specific comments purportedly made by Bonds. While prosecutors tried to link her with Steve Hoskins, whose business relationship with Bonds soured and who struggled on the stand earlier in the week, Kathy Hoskins emerged from cross examination as credible and without apparent ill-motive.
If the jury believes Kathy Hoskins with absolute certainty, it would be poised to find Bonds guilty on Count Two of the government's indictment. As explained in our previous coverage , Count Two simply requires prosecutors to prove that Bonds was injected by Anderson and that Bonds knowingly lied in when stating, under oath, that no such injection ever took place. Then again, prosecutors were unable to corroborate Kathy Hoskins's testimony with other witnesses who could credibly claim they too saw Bonds injected by Anderson.
Along those lines, some on the jury may be uncomfortable with finding Bonds guilty based on the testimony of just one witness, albeit a very believable one. They might also reason that Bonds could have simply -- to borrow a favorite word of fellow alleged perjurer Roger Clemens -- "misremembered" everything that Anderson did to him, including injections. Given that perjury requires that the defendant knowingly lied, as opposed to merely being mistaken or confused, any possibility of doubt would work to Bonds's defense.
Though he initially seemed to possess intimate knowledge of Bonds' personal and professional life and though he portrayed Bonds as keenly interested in steroids, Steve Hoskins proved highly vulnerable under cross-examination, particularly in regards to his credibility and motivations.
His rationale for secretly taping a conversation with Anderson drew intense fire, as Hoskins made the recording after Bonds had largely terminated his business relationship with him. Jurors will likely have doubts about relying on comments by Steve Hoskins to convict Bonds. Ting proved to be the worst witness for the government, by far. For at least three reasons, Ting seemed more like a witness for the defense than for the prosecution: he emphasized that he never spoke with Bonds about steroids; he highlighted non-steroid explanations for possible changes in Bonds' body; and he adamantly denied testimony by fellow prosecution witness Steve Hoskins, who had claimed that he and Ting discussed steroids.
By the end of his testimony, Ting probably left jurors with serious doubts about the government's case against Bonds and about prosecutors' wisdom in calling him to the stand. The prosecution is nearly finished and the defense will begin its case-in-chief on Monday. Expect three major defense strategies:. While the government struggled to show that Bonds knowingly lied under oath about steroids, it scored a victory in Kathy Hoskins's persuasive testimony. Keep in mind, if Bonds is convicted only on Count Two, he will still be a convicted felon and still face prison time.
Expect defense attorneys to portray Kathy Hoskins as linked more closely to her brother, Steve, than she led the court to believe.
The stronger she is linked to her less credible brother, the more doubt the jury may have of her testimony. While the defense has to be careful to not so fervently slander Kathy Hoskins that it backfires -- and that she is called again to the stand -- it has to address her damming testimony.
The Coming War: Sports Labor Relations
McCann : It's a very significant case, particularly because it's past the motion-to-dismiss stage. A motion to dismiss is an argument by the defendant that, even if all of the facts are true, there's no viable legal claim. Well, the NCAA lost the motion to dismiss, and it's now going to trial. Normally, cases against the NCAA have not succeeded, either because of motions to dismiss or because they're settled. O'Bannon, though, seems to signal that he isn't going to settle, that he's actually going to go forward with this case, and he's going to try to win it.
And if he wins it, it would mean that retired players, including those who have been retired for a while, should be compensated for their use and image and likeness that the NCAA contracted away.
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PBS : Well, you said something called the "right of publicity. McCann : The right of publicity is that we have certain proprietary interests in our identity, that if somebody is going to try to make money off our image, our likeness, our name, that we should be compensated for that. Now, there are exceptions to that. There's a newsworthiness exception, for instance. If we're in the public news because of something we did or because we happen to be there, we're not going to be compensated.
There's also an exception for parody.