Sports Law- Spring
Sports Law Midterm Examination
Instructions
1. Confine your answers to the facts provided in the question, do not add facts from your own knowledge, take all facts as they are presented.
2. YOU MUST SLECT QUESTION 3, and then choose 2 questions out of question ( 1,3,4 ). There is no credit given for answering all four questions and you must answer question 3.
When answering question 3 you must refer to the legal doctrine “Respondeat superior” to help you answer the question.
3. Analyze fully the legal implications of each fact pattern. To receive full credit you must address as many possible legal implications as the fact pattern yields or the questions direct. For example if you have selected a question dealing with negligence define the type of duty that existed from each potential defendant and how each potential defendant may have breached that duty.
4. Read and answer each question carefully, answer as precisely as possible what each question or sub-part of each question is asking.
5. Use authority in the form of cases or statutes freely. Cites or case names are not necessary rather you may refer to cases as for example… “the Curt Flood case,” “the Cunningham case,” “Lajoie case.” But please refer to BOTH cases that I have attached on writemypapers.
6. All answers must be contained within four double spaced typed pages- 12 point font.
7. When answering the questions along with the instructions mentioned above, make sure to introduce the situation, Identify the problem, and answer the question. Also, Provide analysis and conclusion with each answer.
8. Please refer to the idea of torts in law when answering 2 of the questions 1,2, and 4. Again choose to out of those questions and you must answer question 3 and I explained how to do that above. So that gives a total of 3 questions answered in the paper.
9. The cases that should be used for reference will be attached on the website.
Facts:
In Game Seven of the 2015 American League Championship Series, the New York Yankees’ third baseman Alex Rodriquez ranges toward the Yankee Stadium stands to catch a foul ball. As he nears the stands, A-Rod, is forced to go into a small gap on the field between the opening of the Detroit Tigers dugout and where the rolled up stadium tarp is stored. Just as A-Rod is concentrating on the ball and catch, which will end a Tigers’ ninth inning rally with the Yankees leading 3-2, but Detroit has the bases loaded and two men out with red hot Derek Jeter, who left the Yankees to return to his native Michigan after re-thinking retirement upon learning the amount he would have to pay in taxes on all the gifts he received in his farewell tour, at bat. The Tigers’ mascot- a man dressed in a Tiger costume and baseball uniform, employed by Detroit- is sitting in the Detroit dug out frantically and waves his arms in attempt to distract A-Rod. A-Rod running full speed, leaps on the tarp to get the greatest possible angle on the ball. But seeing the Tigers’ Mascot’s, arms flailing, A-Rod slips on the tarp. He misses the ball but worse A-Rod’s leg becomes wedged between the tarp and the wall where the third base grand stands begin. Fans boo. A-Rod is helped up by the Yankees medical staff who pull his leg out of the tarp ripping his sock and scuffing his shoe but he stays in the game limping, his sock bloodied.
Jeter hits the next pitch into the Left Field stands for a Grand Slam. A-Rod comes to bat in the bottom of the ninth inning, limping to the plate but weakly makes the final out to Jeter who now plays first base, costing the Yankees the series with the winning run at stranded at third.
Heartbroken Yankee fans voice their disgust with A-Rod by hurling beers and garbage down on him, chanting cheater and A-Roid. He suffers cuts and bruises when hit by a full beer which was brought into the stadium in violation of stadium policy by an recently laid-off Wall Street investment banker who had declared bankruptcy just before the series due to some government investigations but had the tickets to the game paid for before his company when into receivership and he was forced to declare bankruptcy himself. The police arrest the thrower who is identified as Ted D. Banker.
The next day A-Rod is savaged in the press including a statement by noted radio shock jock Don Imus who calls A-Rod’s newest girlfriend, Taylor Swift, “his beard,” during an interview with the victorious Jeter. Imus asks Jeter to confirm if A-Rod is really a closeted homosexual, and Jeter says, “you would not be the first person to have said that.” Jeter goes on to say “let’s just say when it comes to crunch time, Alex disappears, where he goes, I don’t know, maybe you are right about him.”
Finally, A-Rod is released the following day by the Yankees with an angry Hank Steinbrenner who says that he wows that A-Rod is “a gutless, cheating coward who not only will never wear pinstripes again but never play Major League Baseball or see a single dollar of his remaining $40 plus million dollar contract remain with the Yankees, again. I (Steinbrenner) will see to it.”
A-Rod’s ankle injury is more serious than it first appeared. He has four off-season surgeries and is not ready to play in Spring Training and remains unsigned when the 2016 season opens. Doctors say A-Rod may not get full mobility back in his ankle and may be forced to retire or become a designated hitter.
1. A-Rod has come to your personal injury law firm. Evaluate all suits he may have against all parties for his ankle injury. What theories of law may enable him to prevail, analyzing and evaluating each, and what theories of law might be injuries to his possible claims?
2. A-Rod has filed a defamation of character law suit against Imus and the Fox Business Network which carries his show alleging that he has been defamed by Imus’ statements. What are the chances of success for A-Rod in a suit against Imus? What must A-Rod show to prevail? What defenses may Imus raise? How about Fox?
3. A-Rod received twenty stitches when hit with the bottle smuggled into the stadium by Banker. He wants to sue somebody for that too. Who might he sue in relation to the bottle throwing and the rest of the things fans hurled at him as he laid helpless at home plate after striking out?
4. A-Rod is incensed by both by Jeter’s comments to Imus and his ultimately earning World Series MVP for the Tigers. Does A-Rod have any possible claims against Jeter? Evaluate both A-Rod’s claims and possible defenses Jeter might raise.
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