LEGAL LOCKS FOR 2007
By Scott Daniels, Esq., NFL Draft Bible
The point spread. The over-under. The ten-point teaser. And how could I forget, the infamous parlay. To those of you who don't know what I'm referring to, you either live under a rock or you are completely unaware of the fact that sports gambling has fueled the overwhelming success and popularity of professional football.
You disagree? Why do you think Monday Night Football continues to thrive on prime time television? Simple. It's the last chance for gamblers across the world to make some of the money back they lost the day before. Predicting games and "chasing the action" has made the NFL the most popular sport in this country.
In order to prosper in the world of sports gambling, one must be able to predict the outcomes. Therefore, your bankroll, or lack thereof, depends on your ability to predict the future. This week, I've decided to lay out some spreads and give you my "Legal Locks" of the 2007 season.
MICHAEL VICK'S JAIL SENTENCE Over/Under 2 years
Vick was recently back in the news earlier this week when a Surry County Grand Jury indicted him on state charges of running a dogfighting ring out of his home. Apparently, the state charges, which consist of: (1) unlawfully torturing and killing dogs; and (2) promoting dog fights, each carry maximum prison terms of five years. To make matters worse, Vick just recently tested positive for marijuana.
Vick just can't seem to catch a break. My "Legal Lock of the Week" is to take the Over on his jail sentence line of two years. If these state charges do in fact pan out and Vick's lawyers are unable to dispose of them, his original sentence of 12 - 18 months for his federal charges will be significantly increased. Vick's sentencing is scheduled to take place on December 10.
NUMBER OF BILL BELICHICK FOLLOWERS Over/Under 10 teams
Bill Belichick and the New England Patriots certainly broke the rules. They committed a form of espionage and attempted to gain an advantage by videotaping their opponents' defensive signals. The issue is not whether or not Belichick was cheating. The issue now is whether or not he was the only coach in the league who engaged in this type of conduct.
Coaches are constantly trying to gain an edge. Belichick just so happened to get caught. With the technology we have today, I wouldn't be surprised if teams are coming up with new forms of espionage everyday. My Legal Lock on this line is Over 10 teams. After seeing Belichick's extremely lenient punishment of $500,000, NFL coaches will not be deterred from cheating.
LANCE BRIGGS' BLOOD ALCOHOL CONTENT Over/Under .18%
Briggs, a linebacker for the Chicago Bears, made headlines a few months ago after Illinois police discovered his crashed Lamborghini on a highway. Briggs initially told police that his car was stolen, but later changed his story and told police that he was alone when he crashed his car. Briggs was charged with leaving the scene of an accident, failure to give immediate notice of an accident and improper lane usage. It's not exactly clear when the accident took place, but police discovered the wrecked car at around 3:15am. Briggs was not tested for drugs or alcohol because too much time had passed when police interviewed him.
As lawyers, we are trained to take all the facts and analyze the situation as a whole. Here's what we have: (1) a smashed up vehicle worth about $350,000; (2) vehicle was discovered at around 3:15am; (3) no driver at the scene; (4) conflicting stories about the accident from the owner of the vehicle.
If Briggs wasn't drinking that night, then why flee the scene? The blood alcohol content (BAC) legal limit in Illinois is .08%. My prediction is that Briggs was definitely drinking that night, but the question is how much? My Legal Lock on the Briggs incident is a blood alcohol content Under .18%. Briggs would have had to consume over ten drinks in a relatively short period of time. While that is certainly possible, I'm going to give him the benefit of the doubt on this one.
LEGAL LOCK OF THE YEAR - 2 TEAM PARLAY
1. Terrell Owens will be fined more money than Chad Johnson this year for his Touchdown celebrations.
2. Terry "Tank" Johnson will find trouble in Dallas and will eventually get suspended by the league before the end of this season.
Risk-takers are drawn towards the uncertainty that every Sunday brings. While there is never a sure-shot in the NFL, one thing is definitely certain - the legal drama in the NFL for players and coaches alike will go on for years to come.
Wednesday, September 26, 2007
Wednesday, September 19, 2007
LEGAL LINE VOL. VII
FROM GENIUS TO CHEAT - DID BILL GET WHAT HE DESERVED?
By Scott Daniels, Esq., NFL Draft Bible
He was considered one of the smartest coaches in the NFL. He led the New England Patriots to Superbowl victories in 2001, 2003 and 2004. He's at the helm of one of the greatest professional sports teams in the current decade. He's also at the center of a major controversy involving his team's alleged cheating tactics. Bill Belichick, a man once regarded as a football genius, will now be remembered as a cheat.
A few weeks ago, a Patriots video assistant was caught by NFL officials taping the New York Jets' defensive signals. Following the game, the Jets made formal complaints to the league and Belichick and the Patriots were exploited by the league and the media.
While Belichick caught an incredible amount of criticism and was penalized financially by the league, Roger Goodell's decision not to suspend Belichick is under a great deal of scrutiny. For starters, Belichick was at the forefront of a major operation that gave his club an overwhelming advantage in an otherwise pure game. This is a serious scandal that may very well be running rampant in the NFL. Goodell needed to send a message to all coaches that this type of conduct will not be tolerated. His failure to punish Belichick severely could lead other coaches towards a path of deceit.
Historically, cheating has long been a problem in the sports world. Let's take a look back at some infamous cheats and compare their penalties to the likes of Bill Belichick's.
SAMMY SOSA
Steroid allegations on Sosa are endless, but mere speculation at this point. What Sosa was caught with in 2003 was a corked bat. Umpires discovered his "juiced" bat during a game and Sosa claimed he grabbed the bat "by mistake."
Sosa gained an advantage by corking his bat. Belichick gained an advantage by videotaping his opponent's defensive coaches, a move strictly prohibited by the NFL. Difference between the two? Nothing. They are both cheaters.
DAVID ROBERTSON
During a 1985 British Open qualifier, Robertson was caught moving his ball on the green to a more favorable spot closer to the hole. Players in the tournament eventually realized what was happening and quickly notified officials.
Belichick's actions weren't exactly as obvious as Robertson's, but they still tainted the game.
McLAREN RACING TEAM
In a scandal that has shocked the Formula One Racing world, the McLaren Team was found to have used leaked secret documents belonging to Ferrari. On top of a hefty fine, McLaren may face more punishment if the World Motor Sport Council finds further fraudulent conduct.
Both Belichick and McLaren Racing participated in a form of espionage. Both broke the rules of their respective sports and used their opponents' secretive information to advance their own goals.
Comparison of Punishments
Bill Belichick and the New England Patriots - Belichick was personally fined $500,000. The Patriots were fined an additional $250,000. The Patriots will also lose their first round draft pick if they make the playoffs. If they do not make the playoffs, they will lose their second and third round draft picks.
Sammy Sosa - Suspended eight games (reduced to seven after appeal).
David Robertson - Fined 20,000 pounds (equivalent to around $30,000 at the time) and banned from the PGA European Tour for 20 years.
McLaren Racing Team - Fined $100 Million and stripped of it's points in the "constructors' standings." (Until this point, McLaren had the point lead).
It seems obvious that Belichick's punishment was by far the lightest. In a written statement by Belichick following his embarrassing incident, he stated: "My interpretation of a rule in the [NFL] Constitution and Bylaws was incorrect." Maybe Belichick and the Patriots didn't think they were acting outside the rules when they taped the Jets' defensive signals. In the court of law, ignorance of the law is not an excuse. Luckily for Belichick, his fate did not rest in the hands of a Judge or jury. However, in the public eye, Belichick will be remembered among sports' most infamous cheats.
By Scott Daniels, Esq., NFL Draft Bible
He was considered one of the smartest coaches in the NFL. He led the New England Patriots to Superbowl victories in 2001, 2003 and 2004. He's at the helm of one of the greatest professional sports teams in the current decade. He's also at the center of a major controversy involving his team's alleged cheating tactics. Bill Belichick, a man once regarded as a football genius, will now be remembered as a cheat.
A few weeks ago, a Patriots video assistant was caught by NFL officials taping the New York Jets' defensive signals. Following the game, the Jets made formal complaints to the league and Belichick and the Patriots were exploited by the league and the media.
While Belichick caught an incredible amount of criticism and was penalized financially by the league, Roger Goodell's decision not to suspend Belichick is under a great deal of scrutiny. For starters, Belichick was at the forefront of a major operation that gave his club an overwhelming advantage in an otherwise pure game. This is a serious scandal that may very well be running rampant in the NFL. Goodell needed to send a message to all coaches that this type of conduct will not be tolerated. His failure to punish Belichick severely could lead other coaches towards a path of deceit.
Historically, cheating has long been a problem in the sports world. Let's take a look back at some infamous cheats and compare their penalties to the likes of Bill Belichick's.
SAMMY SOSA
Steroid allegations on Sosa are endless, but mere speculation at this point. What Sosa was caught with in 2003 was a corked bat. Umpires discovered his "juiced" bat during a game and Sosa claimed he grabbed the bat "by mistake."
Sosa gained an advantage by corking his bat. Belichick gained an advantage by videotaping his opponent's defensive coaches, a move strictly prohibited by the NFL. Difference between the two? Nothing. They are both cheaters.
DAVID ROBERTSON
During a 1985 British Open qualifier, Robertson was caught moving his ball on the green to a more favorable spot closer to the hole. Players in the tournament eventually realized what was happening and quickly notified officials.
Belichick's actions weren't exactly as obvious as Robertson's, but they still tainted the game.
McLAREN RACING TEAM
In a scandal that has shocked the Formula One Racing world, the McLaren Team was found to have used leaked secret documents belonging to Ferrari. On top of a hefty fine, McLaren may face more punishment if the World Motor Sport Council finds further fraudulent conduct.
Both Belichick and McLaren Racing participated in a form of espionage. Both broke the rules of their respective sports and used their opponents' secretive information to advance their own goals.
Comparison of Punishments
Bill Belichick and the New England Patriots - Belichick was personally fined $500,000. The Patriots were fined an additional $250,000. The Patriots will also lose their first round draft pick if they make the playoffs. If they do not make the playoffs, they will lose their second and third round draft picks.
Sammy Sosa - Suspended eight games (reduced to seven after appeal).
David Robertson - Fined 20,000 pounds (equivalent to around $30,000 at the time) and banned from the PGA European Tour for 20 years.
McLaren Racing Team - Fined $100 Million and stripped of it's points in the "constructors' standings." (Until this point, McLaren had the point lead).
It seems obvious that Belichick's punishment was by far the lightest. In a written statement by Belichick following his embarrassing incident, he stated: "My interpretation of a rule in the [NFL] Constitution and Bylaws was incorrect." Maybe Belichick and the Patriots didn't think they were acting outside the rules when they taped the Jets' defensive signals. In the court of law, ignorance of the law is not an excuse. Luckily for Belichick, his fate did not rest in the hands of a Judge or jury. However, in the public eye, Belichick will be remembered among sports' most infamous cheats.
Tuesday, September 11, 2007
LEGAL LINE VOL. VI
COULD THE LEAGUE BE LIABLE FOR EVERETT'S INJURY?
By Scott Daniels, Esq., NFL Draft Bible
This past Sunday, football fans rejoiced with the start of the NFL regular season. We saw Peyton Manning dazzle us with three touchdown passes against the Saints. We saw Tom Brady do the same against the Jets. While Eagle fans cringed at the sight of two botched punt returns that cost them the game, Cowboy fans watched in awe as their golden boy Tony Romo put on a show against the Giants.
Rookies were born into the league and veterans reunited for another exciting football season. For one player however, his Sunday took a turn for the worst.
Kevin Everett, a second year reserve Tight End for the Bills, was severely injured after an attempted tackle during a kickoff to start the second half against the Broncos. In what has been categorized as a "catastrophic" and "life-threatening" spinal cord injury, Everett's incident stunned the football world and sent a serious reality check to every player in the league.
This isn't the first time something like this has happened and unfortunately, it probably won't be the last.
Professional football is a dangerous game. Each play has the potential for a bone-crushing hit by an athletic specimen whose goal is to inflict pain on his opponent. Injuries are inevitable, but can the league do more to prevent an injury like the one suffered by Everett this past weekend? Is the NFL doing enough to protect it's players from spinal injuries? Finally, could the league be found liable for Everett's injury?
The NFL has seen it's fair share of serious spinal injuries in the past. In 1991, Dennis Byrd of the Jets was left partially paralyzed after colliding with his teammate. He was physically unable to play football again. That same year, Mike Utley, a guard for the Lions, fractured his spine during a game and was also left paralyzed.
Most notably is Daryl Stingley, former wide receiver for the Patriots. In a pre-season game in 1978, Stingley was violently hit by Jack Tatum of the Raiders while trying to make a catch. Stingley shattered his fourth and fifth vertebrae and became a quadriplegic. Stingley was only 55 when he passed earlier this year. His quadriplegia was said to have contributed to his death.
The NFL has long recognized that leading a tackle with your head up will effectively decrease your chances of injury. In every team locker room, a cautionary sign is posted instructing players to keep their heads up when making a tackle - similar to the sign you see in restaurants instructing patrons and employees on how to conduct the Heimlich maneuver. Is this the best the league can do?
In the legal system, you are negligent and liable to another if you fail to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The elements that make up negligence include: 1.) a duty; 2.) breach of that duty; 3.) causation; 4.) damages.
Could the league be found negligent in a court of law?
The NFL certainly has a duty to protect it's players. In a league that is inherently violent in nature, the NFL has a responsibility to implement anything that can safeguard it's players against unwarranted injury. The NFL does not satisfy their duty by hanging a sign in a locker room. In an effort to curtail spinal injuries in the future, the NFL should be trying to come up new ways to prevent these incidents.
On whether or not the league breached their duty, one could argue that their inaction on creating preventative measures for these types of injuries is a breach of the league's duty to protect it's players. While it may be a weak argument, the NFL should be studying, analyzing and testing whatever it can to decrease spinal injuries. If the NFL has not studied these injuries to the fullest extent, they are doing a disservice to their players.
The issue of causation is always the toughest to prove. In this situation, it would be incredibly difficult to show that the league's breach of it's duty to protect it's players actually caused Everett's injury. Here, inaction by the league is a very weak causational link and there are other variables that very well may have led to Everett's injury.
The damages that Everett has - and will have in the future - are endless. Although reports now say he will probably regain the ability to walk, Everett will most likely never see the football field again. His livelihood stripped from him in one instance. Everett was one of the select few that was privileged to have the talent and ability required for the NFL. Now, Everett faces a struggle to regain something that most of us take for granted; walking.
Playing the blame game in a situation like this is useless. In the courtroom, blame is translated into liability. While the league would probably not be found liable for Everett's injuries in a court of law, they certainly owe it to Everett to do everything they can to prevent these injuries in the future.
It's just a shame that it takes an incident like Everett's to open up the eyes of the league.
By Scott Daniels, Esq., NFL Draft Bible
This past Sunday, football fans rejoiced with the start of the NFL regular season. We saw Peyton Manning dazzle us with three touchdown passes against the Saints. We saw Tom Brady do the same against the Jets. While Eagle fans cringed at the sight of two botched punt returns that cost them the game, Cowboy fans watched in awe as their golden boy Tony Romo put on a show against the Giants.
Rookies were born into the league and veterans reunited for another exciting football season. For one player however, his Sunday took a turn for the worst.
Kevin Everett, a second year reserve Tight End for the Bills, was severely injured after an attempted tackle during a kickoff to start the second half against the Broncos. In what has been categorized as a "catastrophic" and "life-threatening" spinal cord injury, Everett's incident stunned the football world and sent a serious reality check to every player in the league.
This isn't the first time something like this has happened and unfortunately, it probably won't be the last.
Professional football is a dangerous game. Each play has the potential for a bone-crushing hit by an athletic specimen whose goal is to inflict pain on his opponent. Injuries are inevitable, but can the league do more to prevent an injury like the one suffered by Everett this past weekend? Is the NFL doing enough to protect it's players from spinal injuries? Finally, could the league be found liable for Everett's injury?
The NFL has seen it's fair share of serious spinal injuries in the past. In 1991, Dennis Byrd of the Jets was left partially paralyzed after colliding with his teammate. He was physically unable to play football again. That same year, Mike Utley, a guard for the Lions, fractured his spine during a game and was also left paralyzed.
Most notably is Daryl Stingley, former wide receiver for the Patriots. In a pre-season game in 1978, Stingley was violently hit by Jack Tatum of the Raiders while trying to make a catch. Stingley shattered his fourth and fifth vertebrae and became a quadriplegic. Stingley was only 55 when he passed earlier this year. His quadriplegia was said to have contributed to his death.
The NFL has long recognized that leading a tackle with your head up will effectively decrease your chances of injury. In every team locker room, a cautionary sign is posted instructing players to keep their heads up when making a tackle - similar to the sign you see in restaurants instructing patrons and employees on how to conduct the Heimlich maneuver. Is this the best the league can do?
In the legal system, you are negligent and liable to another if you fail to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. The elements that make up negligence include: 1.) a duty; 2.) breach of that duty; 3.) causation; 4.) damages.
Could the league be found negligent in a court of law?
The NFL certainly has a duty to protect it's players. In a league that is inherently violent in nature, the NFL has a responsibility to implement anything that can safeguard it's players against unwarranted injury. The NFL does not satisfy their duty by hanging a sign in a locker room. In an effort to curtail spinal injuries in the future, the NFL should be trying to come up new ways to prevent these incidents.
On whether or not the league breached their duty, one could argue that their inaction on creating preventative measures for these types of injuries is a breach of the league's duty to protect it's players. While it may be a weak argument, the NFL should be studying, analyzing and testing whatever it can to decrease spinal injuries. If the NFL has not studied these injuries to the fullest extent, they are doing a disservice to their players.
The issue of causation is always the toughest to prove. In this situation, it would be incredibly difficult to show that the league's breach of it's duty to protect it's players actually caused Everett's injury. Here, inaction by the league is a very weak causational link and there are other variables that very well may have led to Everett's injury.
The damages that Everett has - and will have in the future - are endless. Although reports now say he will probably regain the ability to walk, Everett will most likely never see the football field again. His livelihood stripped from him in one instance. Everett was one of the select few that was privileged to have the talent and ability required for the NFL. Now, Everett faces a struggle to regain something that most of us take for granted; walking.
Playing the blame game in a situation like this is useless. In the courtroom, blame is translated into liability. While the league would probably not be found liable for Everett's injuries in a court of law, they certainly owe it to Everett to do everything they can to prevent these injuries in the future.
It's just a shame that it takes an incident like Everett's to open up the eyes of the league.
Wednesday, September 5, 2007
LEGAL LINE VOL. V
HIDDEN GEMS IN THE NFL'S COLLECTIVE BARGAINING AGREEMENT
By Scott Daniels, Esq., NFL Draft Bible
In 1993, the NFL owners and The NFL Players Association collaborated to form the league's Collective Bargaining Agreement. It is essentially the governing by-laws of the NFL and covers everything from free agency to a team's salary cap.
The NFL's Collective Bargaining Agreement is an amazing document. It is crafted with detail and precision. It's a rather large document and unlike Roger Goodell's Conduct Policy, the Collective Bargaining Agreement is clear and unambiguous. After reading it in entirety, I found a few interesting clauses that I wanted to share.
PRACTICE SQUAD SALARIES
Here's something you probably didn't know. The minimum salary requirement for a practice squad player is $4,700 per week, which includes the playoffs, if applicable. Not bad for a player who rarely dresses for an actual game.
UNSIGNED ROOKIES
What would happen if Jamarcus Russell and the Oakland Raiders fail to come to an agreement on his contract and negotiations break down mid-season? Common knowledge would lead one to believe Russell's only options are to sign with Oakland or force a trade. While these options are certainly available, the NFL's Collective Bargaining Agreement allows for another very interesting scenario.
Under Article XVI, entitled "College Draft," a rookie who fails to sign a contract with the team that drafted him can actually enter the subsequent year's NFL Draft. A rookie can only sign with the team that drafted him up until the day of the following year's draft. On that day, the unsigned rookie becomes eligible to be drafted by any team except the team that initially drafted him.
Section 4(b)(ii) of Article XVI states: "If a Drafted Rookie has not signed a Player Contract during the period from the date of such Draft to the thirteenth day prior to the first Sunday of the regular season: the Club that drafted the player is the only Club with which the player may sign a Player Contract until the day of the Draft in the subsequent League Year, at which time such player is eligible to be drafted in the subsequent League Year's Draft by any Club except the Club that drafted him in the initial Draft."
Jamarcus Russell is supposed to be the face and future of the Oakland Raiders. Imagine if he holds out until next year's draft and declares himself eligible for the 2008 NFL Draft. Through this clause, rookies can hold out an entire year in the hopes that they are drafted to a better team. While I have never seen it done before, it's certainly a possibility.
PLAYER FINES
We all know that violent hits, rambunctious end zone celebrations and unsportsmanlike conduct are common acts that trigger player fines in the NFL. The league treats these violations very seriously and the Collective Bargaining Agreement has an entire section on Club Discipline. Here are some fines you may not have been aware of:
Overweight - Players can actually be fined up to $400 per pound for exceeding the weight limit agreed upon in the player's contract. This fine can be assessed by a team up to two times a week.
Throwing the Football into the Stands - maximum fine of $1,500.
Skipping Mini-Camp - As evidenced by Michael Strahan's recent holdout, a player may be fined up to $14,000 per day, plus one week's regular season salary for each pre-season game missed. Strahan, a veteran defensive end for the New York Giants, was fined over $500,000 for his holdout this season.
You can view the NFL's Collective Bargaining Agreement on the NFL Players Association website at www.nflpa.org.
By Scott Daniels, Esq., NFL Draft Bible
In 1993, the NFL owners and The NFL Players Association collaborated to form the league's Collective Bargaining Agreement. It is essentially the governing by-laws of the NFL and covers everything from free agency to a team's salary cap.
The NFL's Collective Bargaining Agreement is an amazing document. It is crafted with detail and precision. It's a rather large document and unlike Roger Goodell's Conduct Policy, the Collective Bargaining Agreement is clear and unambiguous. After reading it in entirety, I found a few interesting clauses that I wanted to share.
PRACTICE SQUAD SALARIES
Here's something you probably didn't know. The minimum salary requirement for a practice squad player is $4,700 per week, which includes the playoffs, if applicable. Not bad for a player who rarely dresses for an actual game.
UNSIGNED ROOKIES
What would happen if Jamarcus Russell and the Oakland Raiders fail to come to an agreement on his contract and negotiations break down mid-season? Common knowledge would lead one to believe Russell's only options are to sign with Oakland or force a trade. While these options are certainly available, the NFL's Collective Bargaining Agreement allows for another very interesting scenario.
Under Article XVI, entitled "College Draft," a rookie who fails to sign a contract with the team that drafted him can actually enter the subsequent year's NFL Draft. A rookie can only sign with the team that drafted him up until the day of the following year's draft. On that day, the unsigned rookie becomes eligible to be drafted by any team except the team that initially drafted him.
Section 4(b)(ii) of Article XVI states: "If a Drafted Rookie has not signed a Player Contract during the period from the date of such Draft to the thirteenth day prior to the first Sunday of the regular season: the Club that drafted the player is the only Club with which the player may sign a Player Contract until the day of the Draft in the subsequent League Year, at which time such player is eligible to be drafted in the subsequent League Year's Draft by any Club except the Club that drafted him in the initial Draft."
Jamarcus Russell is supposed to be the face and future of the Oakland Raiders. Imagine if he holds out until next year's draft and declares himself eligible for the 2008 NFL Draft. Through this clause, rookies can hold out an entire year in the hopes that they are drafted to a better team. While I have never seen it done before, it's certainly a possibility.
PLAYER FINES
We all know that violent hits, rambunctious end zone celebrations and unsportsmanlike conduct are common acts that trigger player fines in the NFL. The league treats these violations very seriously and the Collective Bargaining Agreement has an entire section on Club Discipline. Here are some fines you may not have been aware of:
Overweight - Players can actually be fined up to $400 per pound for exceeding the weight limit agreed upon in the player's contract. This fine can be assessed by a team up to two times a week.
Throwing the Football into the Stands - maximum fine of $1,500.
Skipping Mini-Camp - As evidenced by Michael Strahan's recent holdout, a player may be fined up to $14,000 per day, plus one week's regular season salary for each pre-season game missed. Strahan, a veteran defensive end for the New York Giants, was fined over $500,000 for his holdout this season.
You can view the NFL's Collective Bargaining Agreement on the NFL Players Association website at www.nflpa.org.
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