The title of this blog post is the holding of a recent Tenth Circuit case, Tanner v. McMurray, https://www.ca10.uscourts.gov/opinions/19/19-2166.pdf (10th Cir. 3/2/2021). All quotations below (except the statute itself) are from Senior Circuit Judge Lucero’s outstanding opinion for a unanimous panel. Footnotes, citations and internal brackets are omitted (i.e., bracketed language is mine); most internal quotation marks are omitted.
In my ongoing chronicle of sports-related litigation, https://www.videntpartners.com/blog/sports-law, I have previously had occasion to cite the work of Michael McCann, Sports Illustrated’s legal analyst and the founding director of the University of New Hampshire Law School’s Sports and Entertainment Law Institute. Professor McCann has outdone himself in a just-posted article, “U.S. Women’s National Team Challenges Use of U.S.
As a baseball fan I always pay attention to the various sports websites, and a couple of weeks ago I saw an article that I read with amazement and some concern.
As I pointed out less than a month ago (see my August 27th post), sports-related litigation is a growth business these days. The latest example is Antonio Brown’s anticipated grievance against the New England Patriots, seeking nearly $10 million in unpaid salary and guarantees. Sports Illustrated’s legal analyst, Michael McCann, has an excellent article about the case, including an in-depth discussion of the legal and factual issues, at
Historically, professional sports has not been viewed as a field rich in opportunities for litigation (Flood v. Kuhn notwithstanding). Over the past few decades, however, there has been a substantial increase sports-related litigation, which in turn has provided ample opportunities for experts to assist both plaintiffs and defendants.