Each Monday The White Bronco’s “This Week in Sports Law” previews the week to come in the sports legal world. Here is a look at what is going on this week:
Be sure to check out The White Bronco’s calendar to keep track of all of the key upcoming sports law dates.
UFC200 Legal Fallout
Over the weekend, news broke that the U.S. Anti-Doping Agency (who runs the UFC’s anti-doping program) has informed Brock Lesnar of a possible anti-doping violation from an out-of-competition sample collected on June 28, 2016. Under the UFC drug policy, a second sample – called a “B Sample” – must be tested before any discipline is doled out, however, if the second sample confirms the results the first test, Lesnar could be facing a steep penalty. UFC’s drug policy allows the UFC to withhold Lesnar’s “…purse, and other compensation” and fine him up to $500K. Lesnar’s purse for UFC was $2.5M and he received up to $6M more in pay-per-view points (“other compensation”?).
— Dan Werly (@WerlySportsLaw) July 17, 2016
In addition to discipline under the UFC’s drug policy, Lesnar could also face sanctions from the Nevada State Athletic Commission and a civil suit from Mark Hunt. For a complete breakdown of the possible repercussions, check out Erick Magraken’s article on combatsportslaw.com.
Derrick Rose Back in Court For Important Motions in Civil Sexual Assault Case
Derrick Rose may have a new NBA team but his legal problems are still hanging around. On Tuesday, his lawyers will be back in Los Angeles federal court to argue Rose’s motion for summary judgment, motion to split the punitive damages into a separate part of trial, and motions to exclude Plaintiff’s expert medical witnesses.
The most important of these is Rose’s motion for summary judgment, where he calls the case “pure and simple extortion”. If he wins in full, the case will be thrown out. If he loses, the case will go to trial (barring settlement). Rose must convince the judge that: (1) there is no dispute of material facts; and, (2) under those undisputed material facts, Plaintiff could not possibly prove that Rose violated the law. The main issue is still whether Rose and the two other defendants raped the plaintiff. She claims that the three men came over to her house in the middle of the night and had nonconsensual sex with her while she was drugged and/or heavily intoxicated. Rose claims that she invited him over and the three men had consensual with her.
There is no guarantee that the judge will rule on Tuesday. In fact, it is more likely that the judge takes the motions under advisement and issues an opinion at a later date. However, there is a possibility that he rules from the bench on Tuesday.
The Parties had attempted to seal all of the documents but the Judge recently denied that request, so nearly all of the documents are not part of the public record. Here are the highlights:
- Rose’s Motion for Summary Judgment
- Plaintiff’s Response to Rose’s Motion
- 74 pages of comparing each sides version of the facts
The case is currently scheduled to go to trial on 10/4.
Jameis Winston Mediation
After sitting dormant for the last eight months, the federal civil sexual assault lawsuit against Winston is scheduled for mediation today. Renowned (and aggressive) sports lawyer David Cornwell has withdrawn as Winston’s counsel and it is unknown how his new counsel will handle the case. In a related lawsuit, in January Florida State agreed to settle a title IX lawsuit with Erica Kinsman (the same plaintiff) for $950,000.