Boxer Knocks Out State’s “Special Relationship” Defense In His Negligence Claim Against New York State Athletic Commission

“In the clearing stands a boxer, and a fighter by his trade” – Paul Simon, 1968. In Gamache v. State Of New York, 106968, decided 11/26/08, Joey Gamache, a professional boxer, alleged that the State Athletic Commission (“Athletic Commission”) improperly conducted the weigh-in for a professional boxing match which permitted his opponent to be 19 pounds more than the agreed upon maximum, and then allowed the match to occur while his opponent wore 8 ounce boxing gloves instead of the proper 10 ounce gloves, resulting in permanent injury.

In what the decision states is a case of first … Read the rest

Death of New York Rangers Star Prospect Sparks Attention to Adequacy of Emergency Medical Presence at Sporting Events

When New York Rangers prospect Alexei Cherepanov suddenly collapsed on the bench during a Kontinental Hockey League (KHL) hockey game at a Moscow region arena on October 13, 2008, the lack of preparedness for such an occurrence was startling.  The player was carried from the bench area without a stretcher, and no ambulance or working defibrillator was available.  The absence of a rink-side stretcher, on-duty ambulance and working defibrillator, as well as a 15-minute wait for the arrival of a hospital ambulance, have been cited as evidence of an exceedingly poor level of organization that may have cost the young … Read the rest

Sixteen Athletes, Including Six Former NFL Players, Agree To Donate Their Brains To a Study of the Long-Term Effects of Concussions

Sixteen athletes, including six former NFL players, have agreed to donate their brains to a program that will study the long-term effects of concussions. Of particular interest is a condition known as chronic traumatic encephalopathy (C.T.E.), which has been likened to pugilistica dementia seen in boxers. Common symptoms of the condition, a form of traumatic brain injury (TBI) include dementia, Parkinson’s, irritability and short-term memory problems. The condition can be confirmed only by postmortem tissue analysis; X-rays and magnetic resonance imaging tests cannot yet detect it.

Five out of six former N.F.L. player’s brains that have been examined in this … Read the rest

Court Victories Last Week for Fantasy Baseball and Mayor Bloomberg

Last week, the United States Supreme Court declined to accept an appeal of an 8th Circuit decision that upheld a fantasy baseball company’s right to use, without license, the names of, statistics and information about major league baseball players in connection with its fantasy baseball products. Fantasy sports are estimated to generate $500 million in revenue per year from more than 19 million participants, according to the Fantasy Sports Trade Association.

The circuit court had held that CBC’s first amendment rights in offering its fantasy baseball products supersede the players’ rights of publicity. The Supreme Courts denial of the petition … Read the rest

New York Sacks Tampa Bay Buccaneers Consumer Fraud That Denied Giants’ Fans Tickets to This Weekend’s Playoff Game

New York Attorney General Andrew M. Cuomo, citing concerns about consumer fraud and other improprieties and potential illegalities, has convinced the Tampa Bay Buccaneers and Ticketmaster to stop its policy of selling tickets to this Sunday’s playoff game only to Florida residents.

According to Cuomo, Ticketmaster’s restriction of sales to one state was unprecedented. Attorney General Cuomo referred to “interstate commerce issues” and cited consumer fraud, including prohibitions against “states discriminating against other states’ residents or impeding business by other states.” The Bucs relented, sheepishly calling it “good will”. Now all the Giants have to do is win the game.… Read the rest