Missouri governor Michael Parson would welcome and embrace an NFL expansion team, should the lawsuit between St. Louis, the RSA, and the CVC settle or prevail against the NFL. He wants to show the world Missouri loves their sports and their sports franchises. Kaitlyn Schallhorn wrote in the Missouri Times that Governor Parson said the best way to bring the NFL back to St. Louis is through an expansion team, not through relocation. “Fool me once, shame on you, fool me twice, shame on me.” The NFL played St. Louis like a fiddle when they moved the Cardinals from St. Louis to Phoenix in 1987, and the Rams to Los Angeles in 2016. The only difference is Cardinals owner Bill Bidwill battled with city council for a new stadium; at the time, the Cardinals played at Busch Memorial Stadium II. They wanted a dome or stadium away from downtown, but the city wanted to keep them in the downtown area. Bill Bidwill is famously quoted saying that “you can’t fight city hall.” After the Cardinals left and scanning the NFL market, St. Louis realized they needed a state-of-the-art stadium, so they built the Dome at America’s Center in 1993 without the guarantee an NFL team would play in the Gateway City. St. Louis believed Commissioner Tagliabue would give them an expansion franchise after the NFL announced two expansion franchises would join the league in 1995. However, the franchises were awarded to Charlotte, North Carolina and Jacksonville, Florida. They were nicknamed the Panthers and Jaguars, respectively. The only reason the Rams moved to St. Louis was that their owner Georgia Frontierre, loved St. Louis, and the city gave them a friendly lease by putting the clause that stated: “if the stadium is not in the league’s top-tier (25%) after 2005, 2015, 2025, etc., the Rams can opt out and go year-to-year. The then-named Trans World Dome opened in 1995, and was considered to be in the league’s top-tier. The Rams won a Super Bowl in 2000, and went to another in 2002, however, from 2007-2011, the Rams went 15-65. This is the worst five year stretch in NFL history. Georgia Frontierre passed away in 2008, and the Rams sold-out every seat in the 66,000 seat dome up until 2007’s halfway point. For a 12-year span, the Rams sold-out the Trans World/Edward Jones Dome. Even when not sold out, the Rams averaged 45,000-60,000 fans per game. In 2010, the local media began reading the tea leaves. In 2015, Stan Kroenke opted out and went year-to-year on the lease, two years after the Rams won an arbitration battle in 2013. They proposed $700 million renovations, which would be paid by taxpayers, beat out the city’s $125 million renovations. To add insult to injury, Mr. Kroenke funded the $3 billion plus SOFI Stadium in Inglewood. Enos Stanley Kroenke, named after St. Louis Cardinals legends Enos Slaughter and Stan Musial, bought the Rams after he exercised his first refusal right. He said in 2010: “I’m a Missourian, I can be trusted, and I will do everything possible to keep the Rams in St. Louis. This quote first appeared, to my knowledge, in the St. Louis Post Dispatch and reported by not only Ben Frederickson, but former Rams beat writer Jim Thomas too. In 2013, Stan Kroenke and his second in command, Kevin Demoff, explored land in Inglewood, California, near Hollywood Park, and they concluded this land was fantastic for a brand-new NFL stadium. In 2020, SOFI Stadium opened. Governor Parson needs to be careful what he wishes for, if he wants an expansion team, he should get a local ownership group with corporate sponsorship based in St. Louis that has St. Louis’ best interests in mind. Alex Patterson is a 3L at Thomas M. Cooley Law School in Lansing, Michigan. He played football for seventeen years as an offensive and defensive lineman. He graduated from Lindenwood University-Belleville in 2018 with a Bachelor's in Sports Management. He can be followed on Twitter @alpatt71.

Early Tuesday morning, Raiders Wideout and budding star Henry Ruggs was involved in a fatal car accident killing one person in Las Vegas. While the Metro PD will launch an investigation, Ruggs will be charged with Driving Under the Influence Resulting in Death. As the details of this tragedy emerge, the legal ramifications will become clearer, but one thing is nearly certain, the 2021-22 NFL season for Henry Ruggs is more than likely over. The 22-year-old speedster is facing up to 25 years of jail time and fines of up to $5 million. As the story continues to develop, I’m sure the talented lawyers here at Conduct Detrimental will investigate and report on all the possible outcomes and life altering decisions Ruggs will be facing in court in the months to come. One decision however, was the most life altering of them all. That decision was not made by a judge or jury. That is, of course, Ruggs’ decision to get behind the wheel of a car while under the influence. Yes, this decision will certainly change Ruggs’ life and likely end his career, but the life of the victim and their loved ones is one that can never be repaired. Too often in sports, we see cases of DUIs and DWIs where thankfully no one is harmed and there is thus zero penalty for these actions. It is those lack of consequences that lead directly to an outlook on driving under the influence that allowed the terrible and fatal tragedies of to take place early Tuesday morning. This is something that needs to change. We need to learn from a story like this and change the way DUIs are perceived by league and team officials. I do believe that while Ruggs remains responsible for his actions, he is a young man who made a bad mistake, influenced by a society that has not taken these matters seriously enough. I do hope Henry can come through on the other side of this a better man. But we have to learn a lesson from this story. Driving under any kind of influence kills. Do not drink and drive. My thoughts and prayers are with the Victim and their families. Follow @rami_lavi on Twitter and @rami.lavi on IG.

What responsibility does an entity have with regards to serving drinks? Once someone seems intoxicated, a person working in an establishment that’s serving drinks *may* cut them that person off but what “legal” systems are in place to ensure that the intoxicated patrons are not driving drunk when leaving that place of business? To answer both questions in one word: none. Nevada does not impose “Dram Shop” liability against businesses (or individuals for that matter) that are licensed to serve alcohol. Nevada’s law on the matter states that “a person who serves, sells, or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverages was served, sold, or finished as a result of the consumption of the alcoholic beverage.” There are, however, limitations on this law as it relates to alcohol being served to those under the age of 21. That is not relevant in the facts at hand. Also worth noting, it doesn’t seem to be as protective of social hosts, those not permitted to sell or furnish alcohol. While victims in drunk driving accidents cannot generally bring claims against the place that over served or otherwise allowed the drunk person to drive, they could still bring a claim against the driving party. Early in the morning on November 2, Henry Ruggs III, a wide receiver for the Las Vegas Raiders was involved in an accident in which he was allegedly driving under the influence. This accident took the life of one person. As seen on his social media from earlier in that evening, Ruggs was at Topflight with someone, and it does appear as though they may have had at least one alcoholic beverage as well. At this point, it is not known whether they only went to Topflight or adventured out to other nightlife attractions. To that end, it’s unclear what all transpired prior to the accident, but the police report did confirm that Ruggs seemed to be displaying “signs of impairment.” Under Nevada’s criminal driving under the influence law, Ruggs faces up to 20 years if found guilty of driving under the influence. However, this article is not about the criminal charges or even criminal law. This article focuses on liability of entities that serve alcohol. As previously stated, Nevada has very loose liability laws as it relates to entities selling and serving alcohol to those of legal drinking age. Unfortunately, as a result of Nevada law, Topflight cannot be held liable, as Ruggs is at least the legal drinking age. It is definitely a tragedy, an inability to bring a suit against the provider (Topflight) prevents the ability to hold entities responsible for not over-serving patrons, and even more so for ensuring that they are not driving drunk. However, as mentioned, the decedent’s family can bring a civil suit against Ruggs as a result of the accident. It’s time to have this conversation. Nevada should take steps to reduce the number of drunk drivers on its roads. In 2018, over 25% (26.4%) of all car accident fatalities in Nevada were alcohol-related fatalities. Granted, this doesn’t mean they were leaving restaurants or bars necessarily, just intoxicated behind the wheel. Other states do have stronger “Dram Shop laws” in place to specifically ensure that businesses are careful with serving patrons, and granted, it’s Nevada, but still-in cases like this, it is imperative to protect the safety and wellbeing of citizens and in light of this exact situation, the question must be asked: is the state really trying all that hard? Drinking and driving are never ok. Please, take a taxi, call an Uber/Lyft, call a friend, use your resources. When you make rash decisions like this, things can go horribly wrong, as seen here. My thoughts and condolences are with the victim’s family, and I certainly hope that regardless of the outcome in this situation Ruggs learns from this. However, I also really hope that Nevada’s government takes a good look at this incident and its overall statistics and really ponder if it’s doing enough to prevent this completely senseless and preventable problem that affects so many, not just in the state, but the country as a whole. Stephon Burton is a 3L at Duquesne University School of Law in Pittsburgh, PA. He obtained his undergraduate degree from Washington & Jefferson College in 2019. He can be contacted via email at [email protected], on twitter @stephonburton3.

Mike Florio of Pro Football Talk and KSDK’s Corey Miller, reported that St. Louis’ lawsuit against the NFL will go to trial on January 10th, 2022 after the Missouri Court of Appeals denied the NFL’s last-minute effort to summarily dismiss the lawsuit, pending a settlement between the parties. This trial date is significant because less than a month later, Stan Kroenke’s gem, SOFI Stadium, hosts Super Bowl LVI. Stan Kroenke owns the Rams, and is public enemy #1 in St. Louis. He relocated the Rams from St. Louis to Los Angeles, and nearly five years later, Kroenke and the NFL are being relocated back to St. Louis for trial after they exhausted all options to show there is not a triable fact or enough factual evidence for a trial. From the first filing for a motion to dismiss, the local media outlets in St. Louis kept reporting every action taken during the discovery process. Mike Florio from Pro Football Talk and Seth Wickersham, investigative reporter for ESPN were the only national reporters until September, when there became a possibility (now almost a certainty) the NFL could face a jury trial in a former team’s market. The NFL filed motions for venue changes to motions for this case to be heard at the Missouri Appellate level and Supreme Court level. They got desperate and filed an emergency writ to dismiss the case earlier this afternoon, as reported by Corey Miller, Dan Wallach, among others. Seth Wickersham reported a settlement offer had been made; St. Louis rejected it. There are rumors that a possible expansion team could be offered to St. Louis, first reported by Mike Florio. The NFL is desperate because they did not believe St. Louis had the evidence to take this case, first filed in 2017, to trial. Nearly five years after St. Louis lost the Rams on January 12th, 2016, the NFL’s litigation team will head to a St. Louis courthouse because they pursued greener pastures, in the form of money, in Los Angeles. When Stan Kroenke bought the Rams in 2010, he told the local media he would do everything possible to keep the Rams in St. Louis, but they could read the tea leaves. In 2012, Jeff Fisher was hired as the Rams head coach. On Tim Mckernan’s podcast, “The Tim Mckernan Show,” Fisher revealed he was told about the possibility the team would move after he exited the interview. Jeff Fisher previously coached the Houston Oilers, and assisted with their relocation to Tennessee to become the Titans. Stan Kroenke had the coach he needed to help with the relocation. Earlier this year, Joel Currier and Ben Frederickson of the St. Louis Post Dispatch revealed Kroenke and the NFL conducted secret phone calls about viable land in the Los Angeles area that was big enough and could be a potential site for a stadium as early as 2013. These articles mention NFL Commissioner Roger Goodell deflecting questions from the media about a return to Los Angeles at his Super Bowl XLVIII press conference. In 2014, Rams COO Kevin Demoff told St. Louis media outlets the land Kroenke bought near Los Angeles, in Inglewood, was not for a football stadium. Lies were everywhere beneath the surface. As reported by the St. Louis Post Dispatch staff, St. Louis had belief they could keep the Rams. This belief led to the St. Louis’ aldermen board vote, which led to the approved stadium proposal for an open-air stadium on the Mississippi riverfront, with a naming rights deal from National Car Rental. It was smoke to cover the NFL’s fraudulent acts towards St. Louis. Multiple St. Louis Post Dispatch stories revealed St. Louis paid nearly $20 million for a proposed stadium in 2015-2016. St. Louisans were still paying off the $600 million used to construct and finance the Dome. Nearly five years later, it has come full circle. In 69 days, pending a settlement between the parties, opening statements will be made in St. Louis. Alex Patterson is a 3L at Thomas M. Cooley Law School in Lansing, Michigan. He played football for seventeen years as an offensive and defensive lineman. He graduated from Lindenwood University-Belleville in 2018 with a Bachelor's in Sports Management. He can be followed on Twitter @alpatt71.

Ever since the Rams left St. Louis on January 12th 2016, the St. Louis government has not worried about whether they need to upgrade the Dome at America’s Center, or worry about taxpayer funding to finance such a project. However, should the plaintiffs prevail in St. Louis v. NFL et. al., Mayor Tishaura Jones may need to make a decision about an expansion franchise. She and city council would need to see if the Dome at America’s Center is suitable for an NFL franchise. It has not hosted an NFL game since December 23, 2015, when the Rams beat the Buccaneers 31-23 in what was dubbed the “Ketchup and Mustard Bowl,” due to the teams’ Color Rush uniforms. It is not suitable for an NFL franchise, just ask Reggie Bush and others that slipped on the concrete ring surrounding the playing surface (Bush sued St. Louis and won on a negligence theory). The Dome needs massive upgrades, or even better, St. Louis would need a new stadium. Randy Karraker, co-host of “Karraker & Smallmon” from 7 a.m. to 10 a.m. Central Time on 101ESPN Radio, tweeted out today that Mayor Jones is non-committal to an expansion franchise, should that be the settlement offer or judgment from the aforementioned lawsuit. The Dome needs massive upgrades, or even better, St. Louis would need a new stadium. The plaintiffs have leverage due to every motion brought by the NFL, but one, being denied by Judge Christopher McGraugh. That one motion granted was to exclude Bob Blitz, the lead attorney for the plaintiffs, because he was deemed to be a necessary witness, as reported by Joel Currier from the St. Louis Post and Dispatch. Blitz’s work on the case can be used by the plaintiffs. (I will write another article on this motion and its impact) Dan Wallach, co-host of “Conduct Detrimental,” reported on Karraker & Smallmon that an expansion team is a possible settlement option. When Mayor Jones was asked by Mr. Karraker about the possibility of the NFL building a stadium, told him “I’m not building any stadiums.” She wants questions to be answered first, for example, the expansion team’s owner. Mr. Karraker tweeted that Ms. Jones’ father, former St. Louis comptroller Virvus Jones, voted against building the Dome back in the early 1990s. Mayor Jones voted against financing to keep the Rams in St. Louis. Mr. Karraker spoke to a source with close ties to NFL ownership, and they told him the NFL “not in a million years” would offer an expansion franchise as a settlement offer for this lawsuit. These are not the signs pro-NFL fans in St. Louis want to hear, then again, it is only November 4th. The trial does not begin or fans wanting the NFL back in St. Louis, it is not looking great until January 10th, sixty-seven days away.

Former Miami Dolphins head coach Brian Flores dropped a bombshell on Wednesday when he filed a class action lawsuit in the Southern District of New York against the NFL. The entire 58-page complaint can be found here: https://www.wigdorlaw.com/wp-content/uploads/2022/02/Complaint-against-National-Football-League-et-al-Filed.pdf Let’s break it down. Background Brian Flores was a Patriots assistant coach under Bill Belichick from 2008-2018. He left New England to become the head coach of the Miami Dolphins in 2019. He was fired by the Miami Dolphins on January 10, 2022. Flores was widely considered a desirable candidate for many of the open NFL head coaching jobs this offseason. The NFL adopted the Rooney Rule in 2003 after recommendations were made by the NFL Workplace Diversity Committee. The goal of the Rooney Rule is to encourage hiring best practices to foster and provide opportunity to diverse leadership throughout the NFL. The rule was originally aimed at head coaching positions but has since expanded to assistant coaching positions as well as front office positions. The Rooney Rule places requirements on NFL teams to interview minority candidates for available coaching and front office positions. Complaint Overview The complaint comes out firing, starting with a quote by Dr. Martin Luther King Jr.: It then goes on to compare the NFL’s segregation to that of a plantation, stating the NFL has 70% black players but is underrepresented in leadership positions: Throughout the complaint, Flores’ attorneys attempt to show the systematic failure of the NFL through the Rooney Rule to make any type of progress to cultivate a diverse league. Instead, they characterize the Rooney Rule as simply a convenient safeguard to fall back on when no progress is being made. Dolphins Owner Stephen Ross Attempted to Bribe Flores into “Tanking" The NFL world was shocked when the Dolphins decided to part ways with Brian Flores after three seasons. Despite missing the playoffs, the Dolphins ended the 2021 season strongly and Flores lead the Dolphins to back-to-back winning seasons for the first time since 2003. His team seemed to love playing for him and Flores had orchestrated an impressive rebuild. Then stories began to leak to the media that there was a rift in the Dolphins’ front office between Flores, management, and ownership. Several sources stated that Flores attempted to gain too much control over the franchise until Dolphins owner Stephen Ross put a stop to it by firing him. The complaint addresses Flores’ firing, claiming that the writing was on the wall for Flores in Miami dating all the way back to the 2019 season. It wasn’t a power struggle that caused Flores to lose his job, it was insubordination and refusing to follow orders from the boss. Allegedly, in 2019 Flores was approached by owner Stephen Ross and offered $100,000 for every game the Dolphins lost that season. Ross wanted the Dolphins to “tank” for a better draft pick and when Flores refused, Ross took it personally. The goal, in Ross’ mind, was to lose as many games as possible to secure a high draft pick. The Dolphins went 5-11 that season. If true, this is a death blow to Stephen Ross as owner of the Dolphins. The league would almost assuredly have grounds to remove Ross as owner. First and foremost, Ross would likely have committed a felony under Florida law. Title XLVI, Chapter 838.12(1) makes it illegal for bribery in athletic contests. Ross was attempting to bribe Flores to lose games by offering large monetary incentives. With the rise in the legalization of sports gambling, the last thing the NFL needs is a scandal that could potentially expose a team attempting to lose games on purpose. The integrity of the game is something that needs to be upheld for the sports gambling model to run. Leagues have to tread very carefully now that regulated dollars are being won and lost on the end products of their contests. There’s irony in the fact that a coach that was offered hundreds of thousands of dollars to lose games would then be fired a few seasons later for not winning enough. Flores feels he was never given a real shot in Miami. NFL’s Ongoing Problems with Race The complaint lists a lengthy history of the countless scandals the NFL has encountered that shined a spotlight on the league’s race relations. The complaint mentions Colin Kaepernick being blackballed from the league for racial injustice protests, the Jon Gruden email leaks in which the high-profile coach stated NFL Player Association Director DeMaurice Smith had “lips the size of Michelin tires”, and the settlement reached by the NFL in a concussion lawsuit in which they admitted to using race-norming tactics in testing for dementia. More on that settlement can be found here: https://www.conductdetrimental.com/post/the-hits-keep-coming-nfl-settles-in-race-norming-suit The Failure of the Rooney Rule The Rooney Rule was intended to create more leadership roles for diverse coaches and front office executives by requiring teams provide a “fair and legitimate” chance to thrive. The complaint attempts to showcase how this has not been the outcome since the rule’s adoption. Currently there is only one Black head coach in the NFL. The complaint shows an array of headshots of all the NFL head coaches to illustrate this disparity. Sham Interviews This part of the complaint is the most jarring. While the Rooney Rule requires teams to interview diverse candidates, it doesn’t require any of them are hired. The complaint emphasizes that this just provides teams an incentive to conduct a token interview with diverse candidates when there is no true intention to engage in the hiring process. Flores alleges this sham interview process happened to him on two occasions. In 2019, when Flores was eventually hired by the Dolphins, that same offseason he interviewed with the Denver Broncos for their vacant head coaching position. Flores claims that the interview was so unimportant to Denver’s General Manager John Elway that he showed up to the interview late and hungover. It didn’t matter to Elway that the interview went well, just that it happened. The true intent was to check the box that they interviewed a diverse candidate before they hired Vic Fangio. The piece of evidence that immediately sent a shockwave around the NFL involved text messages from Flores’ former boss and mentor, Bill Belichick. After he was fired from the Dolphins just a few weeks ago, Flores immediately began to seek another head coaching job in the NFL. One of the franchises with a job opening was the New York Giants. On January 24, 2022, Flores reached out to New York Giants GM Joe Schoen to schedule an interview for the vacant head coaching position. The interview was scheduled for later that week, Thursday January 27, 2022. But later that day on the 24th Flores received a text message from his former boss indicating the vacant job may have already been decided on: “Thanks Bill” When you take a step back and think about these text messages, you can start to paint a clear picture. Consistent with these texts, the Giants eventually hired Brian Daboll as head coach, not Brian Flores. Brian Daboll was previously with the Buffalo Bills as their offensive coordinator. Belichick, in a move consistent with his age, screwed up somewhere in the iPhone text message process. There are likely two options: Belichick received information that Brian Daboll was going to be hired by the Giants, misread the information as Brian Flores, sent off a text to congratulate his old friend Flores, only to then realize his mistake. Belichick received information that Brian Daboll was going to be hired, meant to text congratulations to Daboll, mistakenly texted Brian Flores thinking it was Daboll, only to then realize his mistake. Ultimately, the timeline of the mishap doesn’t matter. What matters is Belichick revealed to Flores that the job was going to Daboll three days before Flores was set to interview. Flores went through the interview process with the Giants knowing he didn’t have a chance, further illustrating, according to his attorneys, that NFL teams are only interviewing candidates such as Flores as a formality, with no true intention of hiring. What’s next? Obviously, this is a mess for the NFL. The league that is no stranger to controversy suddenly finds themselves wrapped up in another. The league will have to investigate the allegations made by Flores on top of defending themselves from his lawsuit. If we have learned anything from the NFL in the past, it’s that they are anything but forthcoming with their findings from internal investigations. The NFL released a statement in light of the allegations: Flores doesn’t seem concerned with letting the NFL off easy. The allegations are damaging, but does he have enough of a legal basis to move forward? More to come. Matt Netti is a 2021 graduate from Northeastern University School of Law. He currently works as an attorney fellow at the Office of the General Counsel for Northeastern University. You can follow him on twitter and instagram @MattNettiMN and find him on Linkedin at https://www.linkedin.com/in/matthew-netti-ba5787a3/. You can find all his work at www.mattnetti.com

The Green Bay Packers are the hottest team in the NFL. Coming off a win over the undefeated Arizona Cardinals, the Packers have won seven straight. But this Sunday, the Packers will be without their superstar quarterback. On Wednesday, reigning MVP and face of the franchise Aaron Rodgers tested positive for Covid-19 and will remain distant from the team for their upcoming game against the Chiefs. When the Packers seek to push their win streak to eight, Rodgers will be watching the game on on television. In the post-pandemic world, fans have grown accustomed to players missing time after a positive Covid test. We’ve all become numb as we set our fantasy football lineups treating a positive Covid test as if it was a sprained ankle. That’s why it wasn’t shocking that someone, even of Aaron Rodgers’ stature, tested positive for Covid-19. What was shocking is that Aaron Rodgers had to enter protocols designed for unvaccinated players. Previously, the entire world assumed he was vaccinated. Under NFL protocols, unvaccinated players must isolate for 10 days upon a positive Covid test. Vaccinated players, however, can rejoin their team after two negative tests 24 hours apart if they are asymptomatic. On Wednesday, Rodgers immediately entered 10-day isolation signaling his vaccination status.[1] The assumption that Rodgers was vaccinated stems from an exchange with a reporter in August. Reporter: “Are you vaccinated, and what’s your stance on the vaccination?” Rodgers: “Yea. I’ve been immunized. You know, there's a lot of conversation around it, around the league, and a lot of guys who have made statements and not made statements, owners who have made statements. There's guys on the team that haven't been vaccinated. I think it's a personal decision. I'm not going to judge those guys. There are guys that've been vaccinated that have contracted COVID. It's an interesting issue that I think we're going to see played out the entire season."[2] At the time, Rodgers was praised for being candid about his vaccination status while also sticking up for his unvaccinated teammates. But with what we know now – that quote reads a lot differently. So, did Aaron Rodgers blatantly lie to the world about his vaccination status? Or did he just deceptively utilize semantics? You can decide that for yourself. According to reports, Rodgers previously applied for an exemption to the strict league protocols for unvaccinated players. Under supervision from his personal doctor, Rodgers underwent homeopathic therapy to raise his antibody levels. He asked the NFL and the Players Union to review his status to determine what protocols he would have to abide by during the season. His case went to a neutral third-party medical expert for review, but Rodgers’ exemption request was eventually denied.[3] Through this process the league was put on notice of Rodgers’ vaccination status. But the public was just made aware on Wednesday. The NFL developed a set of strict rules that unvaccinated players are expected to comply with or they risk fine or suspension. Included in those rules are restrictions for unvaccinated players on the size of social gatherings they are allowed to attend off the field. But the stringent protocols didn’t stop the Green Bay quarterback from celebrating Halloween over the weekend. According to his own Instagram page, Rodgers attended a party dressed as John Wick with several of his teammates in attendance. Rodgers has yet to speak publicly following his positive Covid-19 test. As Rodgers mentioned in August, receiving a vaccine is “a personal decision”. Personal feelings aside, professional athletes are human beings that are granted the opportunity to make a choice on whether they want to get the shot. Rodgers would hardly be the first athlete to make headlines over refusing the vaccine. Kyrie Irving is currently sacrificing millions of dollars over his decision to remain unvaccinated. Other NFL quarterbacks have been vocal in their hesitancy around the vaccine, including Kirk Cousins and Carson Wentz. But there’s a difference between Rodgers and those other athletes – Rodgers wasn’t confident enough in his own choice to stand behind it. Instead, he misled the public and shielded himself behind claims he was “immunized”. While Rodgers is facing a lot of heat off the field, inside his own locker room his teammates still have his back. Running back Aaron Jones, whose father died April 6 from Covid-19 complications, stated, "I don't think it's a selfish decision [to not be vaccinated]. I mean, there's guys across the league who are not vaccinated. And to say that they're not committed to their team, I think that that's not true. He's our leader, like you said. He's 100% committed to this team, just like anybody else is in this locker room."[4] The way the season progresses for the Packers will determine if this is just minor hiccup or if Rodgers’ absence will have lasting effects. Currently, there have been no reports on if the Green Bay quarterback is suffering from Covid related symptoms. But while we’re here, I would be remiss if I didn’t quickly address the most common answer given when a player doesn’t feel comfortable disclosing their vaccination status: “Uh, I don’t feel comfortable answering that. That’s HIPAA”. The Health Insurance Portability and Accountability Act (HIPAA) was enacted in 1996 to protect patients’ health information. The Act applies to health care providers and requires compliance to protect patient health information. These covered entities must refrain from unlawfully disclosing personal patient health information to third parties. Notably, HIPAA doesn’t apply to individuals and their own personal medical records.[5] Miraculously, this law is constantly cited by athletes when refusing to answer questions about their vaccination status. It’s true, athletes don’t have to answer an intrusive question about their views on the vaccine. But that’s just because of socially recognized personal privacy boundaries, not HIPAA. So at least Rodgers can hang his hat on the fact that he didn’t improperly evoke a federal law when evading the question on if he’s vaccinated. Matthew Netti is a 2021 graduate from Northeastern University School of Law. He currently works as an attorney fellow at the Office of the General Counsel for Northeastern University. You can follow him on twitter and instagram @MattNettiMN and find him on Linkedin at https://www.linkedin.com/in/matthew-netti-ba5787a3/. [1] Rob Demovsky, Green Bay Packers QB Aaron Rodgers tests positive for COVID-19, source says, ESPN (last visited Nov. 3, 2021) https://www.espn.com/nfl/story/_/id/32542413/green-bay-packers-qb-aaron-rodgers-tests-positive-covid-19-source-says. [2] Id. [3] Nick Shook, Packers QB Aaron Rodgers tests positive for COVID-19, will not play in Week 9 vs. Chiefs, NFL (last visited Nov. 3, 2021) https://www.nfl.com/news/packers-qb-aaron-rodgers-tests-positive-for-covid-19-will-not-play-in-week-9-ver. [4] Rob Demovsky, Green Bay Packers QB Aaron Rodgers tests positive for COVID-19, source says, ESPN (last visited Nov. 3, 2021) https://www.espn.com/nfl/story/_/id/32542413/green-bay-packers-qb-aaron-rodgers-tests-positive-covid-19-source-says. [5] HIPAA Journal, Who Does HIPAA Apply To? (last visited Nov. 3, 2021) https://www.hipaajournal.com/who-does-hipaa-apply-to/.

Ben Frederickson from the St. Louis Post Dispatch and Randy Karraker from 101ESPN Radio reported that Judge McGraugh granted the NFL’s Motion to Disqualify Bob Blitz as an attorney for the plaintiffs, St. Louis, the CVC, and the RSA. Attorney Blitz, as reported by Joel Currier from the St. Louis Post Dispatch, is on the defendants’ witness list. Is this ruling a true “win” for the NFL? The basis for Judge McGraugh’s ruling is that Mr. Blitz worked on the stadium task force team back in 2015, and should he keep working as an attorney for the plaintiffs, this may have been prejudicial to the defendants. Judge McGraugh had to grant the motion to dismiss him as an attorney, and I agree with his decision. However, Judge McGraugh said the plaintiffs can keep and use the work Mr. Blitz conducted and prepared prior to his disqualification. Should the plaintiffs have lost his work, they would have lost an enormous chunk of their case. The American Bar Association Model Rules of Conduct, specifically Rule 3.7 “Lawyer as Witness,” state: “(a) A lawyer shall not act as [an] advocate at a trial in which the lawyer is likely to be a necessary witness . . ..” Mr. Blitz will likely be a necessary witness in the defendant’s case, and his testimony relates to a contested issue, the defendants’ fraudulent misrepresentation towards the plaintiffs, among the other complaints the plaintiffs bring forward. He had first-hand knowledge about the task force’s efforts to try to speak to the Rams organization, Head of Relocation Eric Grubman, and the NFL about why the team should stay in St. Louis. He and former Anheuser-Busch president Dave Peacock proposed an open-air stadium, secured the National Car Rental naming rights, convinced the city and aldermen to allow the vote that went in their favor. The defendants want to convince the jury that Mr. Blitz and Mr. Peacock were the ones that convinced the city and taxpayers to spend $18 million on the stadium project. They want to show that the city and taxpayers would have kept the $18 million. The NFL did not force the taxpayers and city to spend the money, it was Blitz’s and Peacock’s fault they spent that money. This disqualification could be a blessing in disguise for the plaintiffs. Blitz’s disqualification allows him to speak his mind about what really happened in 2015 and January of 2016. He can clarify what went on in those meetings with Grubman, Goodell, the owners, the Los Angeles Committee, and the city. He can show they acted in good faith and did not put an undue burden on the city and the taxpayers to spend $18 million only to receive nothing in return. Instead, they lost the Rams. The work-product doctrine is the plaintiffs’ saving grace. Under the Federal Rules of Civil Procedure (FRCP) Rule 502, it states: “[A]n adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.” However, under (FRCP) Rule 26(b)(3), “an adverse party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." The defense could not show this to gather Mr. Blitz’s work, so the plaintiffs can keep it under the Work Product Doctrine. Mr. Blitz’s disqualification seems like a win for the defense at first sight, but it could be a curveball in this upcoming trial. Let me know who you think Mr. Blitz’s disqualification as an attorney for the plaintiffs benefits more, the plaintiffs’ side or the defense’s side.

With the 2021 MLB season in the books (and a sigh of relief knowing the Astros are not the champions), the MLB offseason has officially begun. Aside from the issues surrounding MLB’s collective bargaining agreement, and rumors that we may see the first strike in baseball since 1994, one big question mark that remains has to do with this offseason’s free agency class. More specifically, how MLB’s newest qualifying offer (“QO”) will affect this year’s free agents. A qualifying offer in baseball is a one year offer, worth the average of the top 125 salaries, to impending free agents. In order to be eligible for the qualifying offer, players must (1) have never received a QO before, and (2) have spent the entire season on that team’s roster (MLB.com). This year’s QOs must be made by November 7 (five days after the World Series), and players will have up to 10 days to accept or deny. If a player denies and ends up signing elsewhere, the team who loses that free agent will be compensated with a draft pick. This is a strategy that teams use when they make QOs to players they know will not accept, just so they can get a compensatory draft pick. This year’s MLB qualifying offer was calculated at $18.4 million, $500 thousand lower from a year ago — only the second time since its birth in 2012 that the qualifying offer has decreased year over year (AP News). This is significant because it means that the salaries of MLB’s highest paid players have gone down. What does this mean? Because this year’s QO is set at a comparatively lower rate, it is possible we may see more teams less hesitant to make the offer to their impending free agents. Why? Well, teams may see it as less of a burden on their payroll if players were to accept (Bleacher Nation). On the other hand, players may be more hesitant to accept the offer, and instead opt to explore the open market, to seek a larger deal. In essence, all free agents who receive a qualifying offer and accept will be signing a one year deal worth $18.4 million. Out of the 96 qualifying offers that have been made since its inception, only seven have been accepted. The most recent of them being Kevin Gausman and Marcus Stroman during last year’s offseason (AP). Who is eligible for a qualifying offer? Some of this year’s players eligible for the QO include Freddie Freeman (pictured above), Carlos Correa, Clayton Kershaw, Trevor Story, and Marcus Semien. Who is not eligible for a qualifying offer? Because players like Anthony Rizzo, Kris Bryant, Javier Baez, Eddie Rosario, and Max Scherzer were all traded during the 2021 season, they are not eligible for the QO. The Future of the QO: With the current CBA set to expire on December 1, it will be interesting to see what changes, if any, will be made to the QO rule.

While most of the country’s attention on Texas lawmaking is focused, understandably so, on the state’s recent adoption of a controversial abortion law that grants enforcement of the law to private citizens, Texas also recently passed another law that has serious implications on the civil rights of its citizens. On October 25th, Governor Greg Abbott officially signed House Bill 25 into law. The caption text of the law describes its purpose as “requiring public school students to compete in interscholastic athletic competition based on biological sex.”[1] Interestingly enough, the University Interscholastic League (“UIL”) – a governing body for athletics in public primary and secondary schools in the state of Texas – already adopted rules governing participation in sports based on “gender.” Section 360(h) of the existing UIL rules provides that gender is “determined based on a student’s birth certificate” or other similar government identification documents[2] for purposes of participating in athletics. The UIL did, however, accept amended birth certificates, which provided greater opportunities for transgender athletes to participate in sports in the state.[3] Texas’ new law goes one step further in an attempt to prevent transgender athletes from participating in sports: it expressly states that “a statement of biological sex . . . is considered to have correctly stated the student’s biological sex only if the statement was . . . entered at or near the time of the student’s birth” and forbids the amendment of a birth certificate unless done so to correct a scrivener or clerical error.[4] Per the text of the law, its purpose is as follows: “to further the governmental interest of ensuring that sufficient interscholastic athletic opportunities remain available for girls to remedy past discrimination on the basis of sex.”[5] But that stated purpose seems disingenuous given there were already rules on the book that the UIL was promulgating to further this same purpose. What the law is really getting at is the prevention of transgender athletes from participation in athletics based on their identified gender. It restricts students from participating in any interscholastic athletic competition “designated for the biological sex opposite to the student’s biological sex” and eliminates the previously available option of amending a birth certificate to allow, for example, a transgender athlete who has transitioned from male to female to play on the women’s high school basketball team rather than the men’s high school basketball team.[6] In multiple instances, the text of the law refers to biological sex as being “correct” only if stated on a student’s birth certificate at or near the time of birth. What this insistence on someone’s “correct” biological text shows is that the law is about promulgating a certain set of beliefs onto all citizens of the state of Texas – enough state leaders felt that “biological sex” or “gender” was fixed at birth, and could not be a fluid, changing concept, that they worked tirelessly to pass a law signaling to transgender individuals that the Texas legislature does not recognize them for who they are and wants to prevent them from experiencing athletics like any other citizen of Texas would be able to do. It is sad, but no surprise, that this law is just one of nearly 70 “anti-LGBTQ” bills that Texas lawmakers have proposed in the last year.[7] Fortunately, Texas’ narrow view of transgender athletes is not a view adopted across the United States, although it has, unfortunately, been promulgated by many state legislators.[8] The National Collegiate Athletic Association (“NCAA”) has previously stated that it “firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports” as part of its values of “inclusion and fair competition.”[9] Hopefully more states take cues from the NCAA and work to create even greater opportunities for transgender students to participate in athletics and benefit from the opportunities for personal growth, leadership development, understanding, and self-esteem that athletics provides to so many students. [1] Texas Legislature Online - 87(3) History for HB 25. [2] Constitution and Contest Rules — University Interscholastic League (UIL) (uiltexas.org). [3] Texas Gov. Greg Abbott signs a bill restricting transgender student athletes : NPR. [4] 87(3) HB 25 - Enrolled version (texas.gov). [5] 87(3) HB 25 - Enrolled version (texas.gov). [6] 87(3) HB 25 - Enrolled version (texas.gov). [7] Texas Gov. Greg Abbott signs a bill restricting transgender student athletes : NPR. [8] Wave Of Bills To Block Trans Athletes Has No Basis In Science, Researcher Says : NPR. [9] NCAA Board of Governors Statement on Transgender Participation | NCAA.org - The Official Site of the NCAA.

Over the past few months, there has been so much progress for student athlete rights. While we haven’t crossed over the monumental line of considering them employees, the ruling in Alston and the onset of NIL have certainly been steps in the right direction. However, over the past week, we’ve seen some decisions made by NCAA and conference officials that make you wonder whether or not both of the entities are really committed to their mission of advancing the welfare of student athletes. Let’s dive in. Of the three stories we’ll look at, let’s start with the least detrimental in terms of overall significance and impact. On Monday, Kofi Cockburn, a Preseason All-American for the University of Illinois Men’s Basketball team, was suspended by the NCAA for the first three games of the regular season for selling "institutionally issued apparel and memorabilia" in June. If Cockburn did this today, it would be completely fine under the state of Illinois’ NIL legislation. However, because Cockburn’s actions were committed in June, it was illegal under NCAA rules at the time because it took place before July 1st. If he broke the rule, then why has there been outrage towards the NCAA? Well, adding a little bit of context would help explain why. Cockburn entered his name into the NBA draft following his last season and didn’t end up withdrawing from it until July 6th. Therefore, it’s obvious that he wasn’t blatantly breaking NCAA rules because he wasn’t fully committed to play college basketball this season at the time. Nonetheless, the NCAA felt compelled to suspend him anyway. Illinois, ranked No. 11 in the preseason AP poll, opens its season against Jackson State on Nov. 9. Cockburn will miss the opener, as well as games against Arkansas State and at Marquette. He will return for the Fighting Illini's game against Cincinnati on Nov. 22. The NCAA could’ve just let this go and no one would have complained. They didn’t. While Kofi Cockburn will be missed for the first three games of the Fighting Illini’s campaign, the next two decisions are far more impactful in terms of an impact on a team’s season. On Wednesday, The NCAA announced they rejected Oklahoma State's appeal and banned the Cowboys from the 2022 men's basketball postseason. Oklahoma State is one of many schools involved in an ongoing corruption scandal, initially with Adidas as well as several college basketball programs associated with the brand but now involving many programs not affiliated with Adidas. However, Oklahoma State is the first of the schools involved to receive a postseason ban from the NCAA as a result. At an emotional press conference amid a stream of tears falling from his eyes, Cowboys Head Coach Mike Boynton said “I'm disappointed, disgusted, appalled, frustrated, but somewhere in Indianapolis there's a group of people celebrating." "They won. Our players don't deserve and shouldn't have to deal with this."It was a single NCAA violation. One player received $300.” Oklahoma State also said that they believe it’s the first time a school has received a postseason ban despite no violations in the areas of institutional control, failure to monitor, recruiting, head coach accountability, participation of an ineligible athlete or academic fraud. All because of the actions of one rouge assistant coach, Lamont Evans, who was quickly fired by the school in 2017, the current players and coaches had their goals of competing for championships stripped away. Now that we have criticized the NCAA enough, let’s shift our attention to the Colonial Athletic Association (CAA), which operates as a Division 1 FCS conference. In the midst of all the conference realignment going on, CAA member James Madison appears likely to be leaving for the Sun Belt, which is quickly becoming one of the best Group of 5 leagues in the FBS. In what should be a monumental time for the Dukes athletic department, the CAA is throwing some major shade on the parade. On Wednesday night, news began to spread that the CAA will not allow James Madison’s teams to compete for league championships this year if the school accepts an invitation to join another conference. In that case, automatic bids to the NCAA Tournament would be unavailable for the Dukes in sports including basketball, baseball, and softball. Although it's possible that JMU teams could qualify for an at-large bid, the CAA isn’t considered a “multi-bid” league on an annual basis that would elicit the Dukes to qualify. This does not apply to the CAA-leading football team, which remains eligible for an automatic bid from the conference because of separate bylaws. “We have great respect for JMU as a conference,” said CAA commissioner Joe D’Antonio. “I’ll be honest. It’s not my job to determine whether it makes sense or doesn’t make sense. it’s my job to make sure the bylaws are enforced the way they’re written.” All because of a bylaw that has every right to be changed, James Madison’s student athletes and coaches competing in Winter and Spring sports have to fight a tremendous uphill battle to compete for championships. The CAA is not the only conference being raided by bigger leagues either. Imagine the outrage if the Big 12 didn’t allow Oklahoma to play in the Big 12 Championship or if the American blocked Cincinnati? The CAA’s decision might be the worst of these three. A common thread that runs across all three of these cases is the fact that the student athlete is suffering because of power hungry administrators in college athletics. In Kofi Cockburn’s case, what he did falls completely in line with the current rules of NIL and the NCAA could’ve easily let the case go. In the Oklahoma State Men’s Basketball case, the punishment didn’t fit the crime and punished players who were in middle school when the violations from one rouge assistant occurred. In the James Madison situation, the student athletes had absolutely nothing to do with the school’s decision to improve its athletic profile with the move to the Sun Belt. Yet it’s them that have to suffer by missing three games in Cockburn’s case and postseasons in OSU and JMU’s case. There is a fine line between upholding the rules and extending your reach, and I think it’s clear what’s occurred in these three situations. A joint statement between the President and AD at JMU put it nicely with “In an era when the industry of college athletics stresses student-athlete welfare, this decision is completely contrary to those ideals.” While they were speaking solely about the CAA’s decision, their sentiments can be applied to all three of these unfortunate rulings. Recently, Major League Baseball has launched the #LetTheKidsPlay campaign pertaining to embracing celebration and emotion in the game. I think that campaign should be stressed to college administrators across the country today. Hey NCAA and CAA, #LetTheKidsPlay!

The Chicago Blackhawks investigation report into sexual assault allegation from 2010 was released, and while it mainly concerns the organization, the Olympic team is also affected. Investigators released their findings on how the Blackhawks handled sexual assault allegations against former video coach Brad Aldrich during the 2010 Stanley Cup run. In a lawsuit, Kyle Beach alleged that Aldrich sexually assaulted him and another player during the 2010 Stanley Cup playoff run. The NHL fined the team $2 million for the "organization's inadequate internal procedures and insufficient and untimely response in the handling of matters related to former video coach Brad Aldrich's employment with the Club and ultimate departure in 2010." [1] Following the report, president of hockey operations Stan Bowman resigned from his position. In a statement following his resignation he said, "Eleven years ago, while serving in my first year as general manager, I was made aware of potential inappropriate behavior by a then-video coach involving a player, I promptly reported the matter to the then-President and CEO who committed to handling the matter. I learned this year that the inappropriate behavior involved a serious allegation of sexual assault. I relied on the direction of my superior that he would take appropriate action. Looking back, now knowing he did not handle the matter promptly, I regret assuming he would do so.” [2] This leaves the Blackhawks with an empty position for their president of hockey operations. Additionally, team USA has lost its general manager (GM) for the men's 2022 Olympic Hockey team. In March of 2021, USA Hockey announced that Bowman would be the GM for the men's ice hockey team that would compete in Beijing 2022. Bowman was selected for his success in hockey with Chicago. While with the Blackhawks he has seen the team win the Stanley Cup in 2010, 2013 and 2015. [3] However, Bowman is no stranger to having a say in the U.S. teams players and staff. He is the son of renowned NHL coach Scotty Bowman and has served as a member of an advisory group for USA Hockey since 2012. He has helped select players and staff for U.S. men’s national teams.[4] Following his resignation as GM from the Olympic team, in a press conference Bowman said, “In light of what’s happened today, I think it’s in the best interests of USA Hockey for me to step aside, I’m grateful to have been selected and wish our team the very best in Beijing.”[5] The possible replacement for Bowman would be Bill Guerin. Guerin is the current GM of the Minnesota Wild and was named the assistant GM of the U.S. team. However, Guerin is part of an open investigation for an alleged mishandling of an unrelated sexual assault when he was the assistant GM of the Pittsburgh Penguins.[6] At this time, no GM has been officially named by the men's ice hockey team. There also has been no work on whether Guerin will continue to be the assistant GM of the team. The current rooster for the U.S. team consists of Blackhawks winger Patrick Kane and defenseman Seth Jones, along with Toronto center Auston Matthews. The final roster for the 2022 team will be announced in January. The U.S. men's ice hockey team has not won a gold at the Olympics since the 1980 Miracle on Ice. [1] Kaplan, Emily. “Chicago Blackhawks Report out; President Stan Bowman Resigns.” ESPN, https://www.espn.com/nhl/story/_/id/32479861/chicago-blackhawks-report-president-stan-bowman-resigns. [2] Id. [3] Gardner, Steve. Stan Bowman Resigns as US Olympic Men's Hockey GM in Wake of Blackhawks Sexual Assault Investigation, 26 Oct. 2021, https://www.msn.com/en-us/sports/more-sports/stan-bowman-resigns-as-us-olympic-men-s-hockey-gm-in-wake-of-blackhawks-sexual-assault-investigation/ar-AAPZd9F?ocid=uxbndlbing. [4] Id. [5] Id. [6] Id.