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Archive for Sports

Baseball Cards for Sale

Thursday, August 2nd, 2012

 

On Thursday, I attended the National Sports Collectors Convention in Baltimore, Maryland. The Baltimore Convention Center was filled with table after table of sports memorabilia and cards. This picture of me, looking a bit disheveled, was taken after I had walked about 4 straight hours.

I saw someone selling a game-worn Virginia Squires warm-up jersey. I really had no idea how much it would cost, but I would have guessed around $700. You could have knocked me over with a feather when he quoted $25,000.

I guess he’s assuming that there is an old Virginia Squires’ fan who will just have to have that. He didn’t even seem negotiable. It is interesting that “game-used” is worth more than new.

Most cannot understand why anyone would want to pay money for cardboard, just because it has pictures of football or baseball players. At the Convention, there were lines for past and present athletes who were signing autographs. Again, there are a lot of people who just don’t have any interest in someone signing their name; unless they are writing them a check.

To put someone’s likeness on a card usually means that you have to pay them something for the right to do so. Sometimes, that involves large-scale contracts that are entered into with an entire league, for the specific rights to distribute “picture cards”.

In April, Stanford quarterback Andrew Luck was preparing himself for the upcoming NFL draft. (Yes, he is an Indianapolis Colt, so I ask for your patience as I insert him in blogs over the coming years. That’s fandom). His advisors learned that the Leaf Card Company had printed this card to the left, and were beginning to distribute it as his rookie card.

According to USA Today, his lawyer sent them a “cease and desist” letter to tell them to stop distributing this card without his licensing permission. Leaf responded by filing suit against Luck, alleging that they had the absolute right to print and distribute because they owned the rights to the US Army All American Bowl, where he had just earlier played.

In May, the suit was quietly dropped. Neither party gave any details about the dismissal. I’m guessing that Leaf decided that they didn’t want to try to win the battle and lose the war of public relations, that might also effect their NFL contracts in the future.

Sports collecting is big business. A 1951 Mickey Mantle Bowman card sold for 600K a few years ago. Recently, a rookie Honus Wagner card sold for 1.2 million. The 2 1/2 by 1 1/2 inch card has such great value because of the scarcity. The American Tobacco Company sold the cards between 1909-1911. Because Wagner was against Tobacco, he managed to stop the distribution of his card, so that only a few were sold.

It stands for the premise that something is worth whatever someone is willing to pay for it.

For pic o’ day, I didn’t take this picture but I know what this feels like. Good for more walking.  Guess it’s called a set of Escairs:

 

 

 

 

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Categories : Current Affairs, Misc.
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An Olympic Badminton Punishment

Wednesday, August 1st, 2012

 

I fall in the category of the uneducated, when it comes to badminton. You might as well be talking lawn darts to me. Well, I don’t know much about that either. But, we have learned that you can’t lose to win at the Olympics.

In this photo, referee Torsten Berg is talking to the Korean coach, as he issues a black card to the players during a doubles match between Korea and Indonesia.

ESPN reported  that eight female badminton players were disqualified from the London Olympics. The Badminton World Federation had investigated South Korea, China and Indonesia and determined that they should be punished for “not using one’s best efforts to win a match”. The statement went on to say that the eight players were punished for “conducting oneself in a manner that is clearly abusive or detrimental to the sport”.

Olympic Badminton competition is based on a round-robin system instead of a straight elimination. So, by deliberately losing a game; that can lead to a matchup with a lesser team in the next round, without penalty for the prior loss.

It came down to a question of measuring the intent of the Olympic spirit versus the right to compete in a manner that a team believes would give it the best chance to win a medal.

According to some of the spectators of those matches, the players were dumping serves into the net and making simple errors like hitting the shuttlecock far wide of the court. (I bet it will be a long time before I get to blog about a shuttlecock again) Beijing badminton silver medalist, Gail Emms, said that the matches were embarrassing to watch.  She described that “It was absolutely shocking. The crowds were booing and chanting “Off, off, off.’”

I have surprised myself with my Olympic viewing. But, I have to admit that it hasn’t included Badminton. Still, I have included this in a legal blog because these athletes have not violated the rules. They have played specifically within the rules. Instead, they are being punished because authority says that this competition is more than rules. I think that it is easy to argue both sides.

In the NFL, at the end of the year it is not unusual for teams to rest their starters to get ready for the playoffs. It’s best for the team for future wins. No one says that the ”spirit of the competition” includes competing, at the expense of injury that may effect winning in the future. In fact, many times it results in just letting the opposing team win at the end of a season.

I don’t really know any analogy to law,  unless we went back to the practice of law in the 50′s and 60′s. I’m told that back then, lawyers all knew each other. Everyone worked hard for their client, but not at the expense of offending the other community lawyers. I could be oversimplying a bit. But, it sounds nice to have good law sportmanship in represention. Just doesn’t seem realistic today, and no one expects it.

For pic o’ day, I decided to post two that go along with “letter of the law” or just the wrong use of the letters.

 

 

 

 

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Kill The Head

Tuesday, April 10th, 2012

If you follow football or watch ESPN for more than a minute per day; you probably heard the pregame “motivational speech” that the defensive coordinator for the Saints,  gave to his defense before the NFC championship game against the San Francisco 49ers.

Just by happenstance, a man making a documentary was recording when Coach Williams said in part, the following, “We’ve got to do everything in the world to make sure we kill Frank Gore’s head. We want him running sideways. We want his head sideways. Every single one of you, before you get off the pile, affect the head. Early, affect the head. Continue tough and hit the head.”

In print it looks bad. If you heard it, you know that it sounded monotone and cold;  like some serial killer. Some have defended it.  Others, like Hall-of-fame quarterback Fran Tarkenton, have said that Williams should face criminal charges.

It was a speech that addressed attacking a man to give him a head injury. The other part of the speech included going after a player’s knee and also injuring their quarterback.

Some defensive players have tried to provide some defense that includes that he really didn’t mean it. Intentionally injuring someone is just hyperbole for the violence of football.  These are probably the same people that listen to Jim Nance announce the Masters as though everything in the present is actually history; and they conclude that it’s all historical. Living in fantasy. (I just wanted to throw something in about the Masters. I did want one man to move because he was blocking my golf course view with his stomach. Yep, no pictures because no cell phones, and now I know why!)

When I heard this speech, it made me think about practicing law a bit. Recently, we have had some cases continued because there were no judges available.

The Virginia General Assembly just entered into a compromise state budget that supposedly includes money for filling 23 trial court judge positions. Unfortunately, that’s only a start.

When someone says that they want their day in court, they usually don’t think of how it will happen. Our case in two weeks has been set for almost a year. Experts from out of state and in state have been retained and they have their schedules set to come to trial. Unfortunately, most of those retainers are non-refundable and will have to be paid again for the next trial setting.

It really is a good strategy for insurance companies, lobbyists and wrongdoers. You don’t always have to donate to campaigns or causes on a large scale; just target a few on such committees as the Appropriations committee or Finance to fight funding. If there are no judges to hear the cases and no one gets appointed, then cases take longer to get to court.

Sometimes I use my blog for personal venting. Forgive me for some venting. In legal terms, one way to “Kill the Head” is  to make sure that there is no funding. No Judges… No trials. Kills Justice.

For pic o’ day, I went with two. When you take a bit of vacation and come back; sometimes it makes you wonder why you would ever leave. I thought I would find some pictures about “being busy” and these made me laugh.

   

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Forrest Gump Marketing

Sunday, November 27th, 2011

Bill Gramatica was a kicker from Argentina who signed with the Arizona Cardinals as their field goal kicker. Unlike any other kicker in the NFL, including even his brother Martin, who did his own crazy kicking celebration; Bill would celebrate each successful kick like an absolute leaping wild man. It was almost as though he had never seen a football game before.

In 2001, he lined up for a kick in the first half, against the New York Giants. When it went successfully through the uprights, it gave his team the first score of the game. You would have thought that Bill G had just won the game. He jumped up in the air in a spastic celebration and came crashing to earth on his knee.

His successful kick and celebration caused him to tear his knee ligament. The injury placed him on the injured list for the rest of the year and then he was cut by the team. To this day, he is placed on every “wow that’s dumb” injury.

The football coach for the Jacksonville Jaguars decided to motivate his players to keep at it. So, he brought wood and an ax for a team activity to “keep chopping wood” or to remind them to just keep at it. One of the players got so excited that he swung and missed and chopped at his own leg. Because he was the kicker, it put him out for the rest of the season. Most couldn’t decide whether to blame it on the coach or the kicker.

If you google silly sports injuries or “most embarrassing injuries”, you will find such injuries as a soccer player who got injured when he dropped a bottle of salad dressing on his foot. Another broke his arm when reaching for the remote. One baseball player fell asleep under the tanning bed and was unable to play because of his “sunburn”.

In the movie “Forrest Gump”, Gump admittedly went through life with a slow mind. His mother taught him to work hard, despite his difficulty. So, he would always repeat her saying of “Stupid is as stupid does”.

Sometimes, I think that certain businesses think that we’re all a bunch of Forrest Gumps walking around. The way they advertise is baffling. For instance, I keep seeing the same car ad that tells me that you can basically “name your own price”. Then, in real small print, there are all kinds of exceptions. Basically, it lets them turn down any price you name, after they’ve gotten you to their lot. I had to rewind and stop to see that small print nonsense.

In Federal law, there’s protection for us that is called The Lanham Act. It protects us against false advertising.

The Department of Transportation just fined Spirit Airlines for false advertising. They were advertising $9 one-way fares. To find out if were are any additional fees, they required a potential consumer to click through at least 2 web pages to find out the other fees and charges that were added on the fare. Plus they didn’t list the additional charges in their print advertisements.

I get it that we are supposed to read the fine print. It just shouldn’t be like an Easter Egg hunt to find the real cost of things.

Recent transportation reports indicate that airlines added about 10.2 billion to their bottom lines by adding on fare and baggage charges. Starting January 24, 2012, air carriers will be required to include all government taxes and fees in their advertised fare totals. Maybe we can escape the hiding of the tax, tags or made up dealer freight and set-up. Boarding early or the special tiny luggage bin fee will probably be in sight. They don’t charge that now, do they?

The charges bother me; And, the marketing bothers me. As Forrest Gump said, “That’s about all I have to say about that”.

For pic o’ day, the above makes me feel like we could all use a bit of protection against fraud pricing.

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Grand Slam of a Promise

Monday, September 19th, 2011

 

     CC Carpet of Texas made quite a promise that it had to keep. It has become known as “Josh Hamilton’s $500,000 swing”.

     For the month of September, this Texas flooring company was running a promotion that was tied to the performance of a Texas Rangers’ baseball player. If Josh Hamilton hit a grand slam, then any money that you spent for new flooring or countertops, would be reimbursed.

     Hamilton is known for his homerun power. Although, he had not hit a grand slam for about three years. So, when he hit it out of the park with bases loaded, on Wednesday, CC Carpet had to live up to their promise; A reimbursement of 500K.

     Of course, they are getting national and probably international coverage for this while other Texas flooring companies are probably feeling like they are only hitting a single for now. It’s some good advertising.

     Usually, promotions like this are covered by insurance. Some insurance company evaluates the risk of Hamilton hitting the grand slam, and they come up with the premium to charge the retailer. It’s what is in effect for a lot of those million dollar half court basketball shots. I even once blogged on a hockey goal to goal shot where payment was contested after the win. Just like insurance companies!

     In the practice of law, it would be difficult to have a fun promotion like this. The State Bar won’t allow me to give away free wills, if the Indianapolis Colts win 10 games this year. Although, without Peyton Manning, I don’t think that I’d have any worries about brushing up on my estate planning from law school.

     And now, pic o’ day. Like a good ole yearbook/reunion picture. The hard life of rock and roll. 

 

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A March Madness Trademark

Wednesday, May 18th, 2011

      Shakespeare said,  ”love is merely a madness, and, I tell you, deserves as well a dark house and a whip as madmen do.”

     I didn’t remember this exact quote but part of it came to mind when I read that the NCAA has now trademarked the term “March Madness”,  for its annual college basketball tournament, to the championship.

     A few years back, I remember going to a TV station to cut local spots that were to air during the Sunday afternoon, leading up to the Super Bowl. They immediately told me, in almost hushed tones, that I couldn’t use the term “Super Bowl” because it had been trademarked.

     Instead, I had to refer to “The Big Game” or “Sunday’s Pro Football Championship”.  I admittedly just didn’t get it. Instead of those quotes, I just wanted to say, “what in the world”.     Now that I see the trademark of “March Madness”, it makes me look at what it might mean. 

     There was a sports marketing company named Intersport, who had the original foresight to trademark the name. Last October, the NCAA paid Intersport a sum of 17.2 Million dollars for sole ownership of the trademark. Yep, you read that correctly.

     It just shows how big the money is in marketing, when it comes to sports. Plus, when the NCAA argues against students getting nothing but scholarships for playing, at least they can’t say that their argument is based in any financial logic.

     The NCAA looks at this purchase as an investment. To them, they will now collect royalties for the use of “”March Madness”. If someone is advertising the “March Madness slam dunk competition” or “The March Madness Video game”, they better get ready to get the check in the mail.

     This blog makes you want to put your thinking cap on. Instead of working harder, it’s a reminder that we need to just work smarter. How about sending me an idea that we can trademark and then sell. Maybe something like “Let’s Google that” or “Can you go Xerox this blog for me”. What ….. No, we’re too late?

     Well, I guess time will tell whether the NCAA is filled with men like those described by Shakespeare; Or,  are they sly like a fox. (hey?… no, guess that’s taken already) or strong like an ox. I could just keep em’ coming.

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NFL Helmets and Concussions

Tuesday, May 10th, 2011

     I was in the middle of a brain injury case. It was a jury trial in South Carolina. The defense had their defense witness on the stand, testifying about my client’s injuries and resulting problems.

     This was the kind of doctor that had an answer for everything. He bills for medical reviews, based on how many records he reviews. That’s not that unusual, until you ask him to describe the billing practice. “I put the medical records in a pile; put a ruler next to the pile and bill by the inch”. The jury leaned forward a bit there.

     His basis for testimony that my client couldn’t have any long term effects from the crash, was compared to  his knowledge of high school football. He looked at the jury and smirked, “you know how it works out there; a football player might ‘have his bell rung’ but that doesn’t mean that he can’t play next week”.

     That testimony was back in 2004. Since that time, the public awareness of brain injuries has become more prevalent. Almost everyone has seen a news story on it and most football fans can probably  even discuss a football player that still suffers from a head injury during their career.  

     If you get the new PlayStation Madden 2011 football game, it even has players suffering concussions. Then, they are unable to play the following week. It’s make believe but it’s based on our growing knowledge of head injuries.

     Sports Illustrated is also reporting on a Virginia Tech study of NFL football helmets. According to the study just released by a professor of biomedical engineering at the college, Stefan Duma; 40% of NFL players last year, wore a helmet model that got the second lowest rating for reducing the risk of concussions.

     More attention is being paid to prevention. More players are now aware of recovery issues and long term effects. No longer is it considered a badge of honor to dust yourself off and run back in the game. Then later, brag about the fact that you played and can’t even remember really being out there.

     In jury trials, juries are now in possession of more common knowledge about the long term effects of brain injury. No longer can a defense lawyer simply pay someone to come in and testify. Well, they still might pay them to testify but it doesn’t mean that what they say carries a lot weight anymore.

     I remember hearing the illustration about the Hubble Telescope.  When it first was carried into orbit in 1990, it captured clusters and galaxies that we never knew existed. Just because we had never seen all that amazing astronomy did not mean that it was not there. We just did not have the technology to see and understand.

     In brain injuries, there is more research that helps us understand the problems and solutions of head injuries and concussions. Even better equipment for NFL players is being explored. It’s understanding and then finding solutions. Meanwhile, these defense doctors will have to come up with different testimony, if they want to keep getting paid by the defense.  Maybe the next defense will be,  ”you see it but it’s not really there”.

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Lawyers and the NFL Lockout

Monday, May 9th, 2011
     I doubt that I need to comment on what the public thinks of lawyers. In fact, I am always amazed that some lawyers seem a bit befuddled by it. Really, it’s not a mystery.
     Below is Fran Tarkenton’s assessment of lawyers. Tarkenton is one of the old, great quarterbacks of yesteryear.    He believes that if you could get the lawyers out of the process, that the NFL owners and the players would be able to settle their lockout. Maybe, he thinks that an old fashioned “arm rasslin’” would do the trick. Anyway, here are his “anti-lawyer” thoughts. 
     
 
     “I’m really emotional about this,” Tarkenton said. “With everything going on in the world, we’ve got the tragedy in Japan and what’s happening in all the Middle East when all these people are wanting freedom, and it’s a wonderful thing. And here we have the most successful sports franchise in the world, the National Football League, we don’t want to give this up. And we understand in professional football, teams win, individuals don’t.
     And it’s time for these owners and time for these players to sit down together, get the lawyers out of the [room], lawyers don’t help things. Lawyers muck up things. Lawyers cause problems, lawyers in divorce suits, they don’t help the people get back together. And we need to get real people, get the lawyers out of the negotiating room, stop the lawsuits, and let’s get real people, owners and players, who are partners in all this, let’s let them get together and get this thing solved now rather than later.
 

 

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The Barry Bonds’ Trial

Friday, March 25th, 2011

     Imagine an ad on television, that told you to “call now” for an amazing product. You could make your head and feet grow. I suspect that the reason we haven’t seen this product yet, is because no one wants it. We’re more excited about things that take dry skin off the feet or let us purchase a “hair system” for the head.

     Today’s blog takes us to a courtroom in San Francisco. It’s the ongoing trial of former major league baseball player, Barry Bonds.

     Most of the US, whether they are sports fans or not, probably would already say that they know that Barry Bonds used steroids. The next question would either be “So what?” or “why hasn’t he already been found guilty?” That’s why this trial isn’t really interesting because of innocence or guilt. The real story (Sports Illustrated) is about the evidence that is being introduced, each day, during this criminal trial.

     Barry Bonds’ defense is that he didn’t know he was using steroids. He thought that it was health food and supplements like Flax seed.  That’s why the prosecution is introducing evidence to attack that defense. Some of those attacks are coming in the form of the following witnesses:

     During his playing days, Barry Bonds played for the San Francisco Giants. The prosecution has called the clubhouse attendant to testify to Barry’s hats and shoes. The attendant has testified that he had to keep changing the size of Barry’s hats and spikes because his head and feet were growing.

     We don’t have an answer yet as to why Barry would claim that he didn’t notice or think it strange for a 30-40 year  old man to have growth spurts. Instead, the defense has attacked the witness that was called to describe what steroids and human hormone growth injections do to the body.

     The attached SI article describes the government’s witness, who testified about the chemistry of steroids and human growth hormones. A side effect…… your head and feet will grow and swell. The defense countered in cross  that the witness could not testify with certainty as to how big your head or feet would grow. The defense attorney asked, “Does it grow (head) twice as big?” He apparently must think he is making points, when the witness could not answer with certainty.

     Past witnesses that have been called, included Bonds’ business associate; who provided a tape recording of some evidence that supported that Bonds knew he was receiving steroid injections. The trainer was saying that Bonds had him inject in different places, so he didn’t have scar tissue.  The defense attacked that witness, by questioning his motives for making the tape.

     It seems that the defense is hoping that the jury will be angry at the government for spending tax payer money, to go after Bonds. Or, that the jury will dislike the witnesses that are testifying. For real life soap opera reading, you might want to follow the trial a bit. 

     This trial has some unique evidence and arguments. The determination of guilt or innocence is probably a week or so away. Whatever happens, it seems that having your head grow is already a big punishment. I guess there really is something to the saying, “He has a big head”.

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Categories : General Law, Sports
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“Uzzy” and the Negotiation Dance

Monday, March 14th, 2011

     My family tells me that I write too many blogs about the ills of the Chamber of Commerce. Lately, I’ve probably been writing too many blogs about negotiating with insurance adjusters. It’s my way to vent.

     Somehow, the video below got sent to me as a crazy sport’s video. When I saw it, it reminded me of my negotiations with adjusters. I know, when you watch the video, you will just shake your head.

     It reminded me of adjusters when they act like their offer of $500 above medical bills is a good offer, and that I should feel some relief, when they say they have a ”little room to move”. Then, they never show up at the trial and never call me back after the verdict.  I just don’t think that their dance lives up to their defense.

     Let me set up the video. We have “Uzzy” performing a crazy dance as he comes into the ring. (adjuster performing the negotiation dance). I say ”Uzzy” because he has his amazing gold chain around his neck. After about 2 minutes of dancing, he gets in the ring and acts tough with the other fighter. Then, it doesn’t end so good for “Uzzy”. No more dancing out of the ring.

     If the video bores you, just stop it. Maybe turn the music off! I think the ending might be a grabber. I promise, I’ll work on a better blog for tomorrow. It won’t have dancing “Uzzy” in it.

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