Final Exam Part 2 Flashcards
non statutory labor exemption, torts, inter league restraints and discrimination
does anti trust attacks under Clayton 6 apply to duly certified unions?
NO, they are statutorily exempt
what 3 conditions must be met for the non statutory labor exemption?
1) the issue must be a mandatory subject of collective bargaining
2) must be negotiated in good faith (Rozell Rule failed this prong)
3) must be included in a signed CBA
when a new league is formed prior to signing the CBA does the Non Statutory Exemption apply?
No
under the NSE, what are you exempt from?
any anti-trust challenge brought by the union
what is the only way to get rid of a non statutory exemption?
to decertify the union
what do you need to decertify a union?
50% + 1
does a non statutory labor exemption apply after CBA expired and up through impasse?
Yes
what are requirements to apply NSE after CBA expired?
1) must have a duly certified union
2) have at least one signed CBA
what are the entry rules for a NSE?
1) need a union
2) need good working conditions
3) good faith negotiation
4) 1 CBA signed
who can decertify?
only the players, not the league
what does creation require for a statutory anti trust exemption?
a duly certified union
what is required for the creation of a non statutory anti trust exemption?
duly certified union and 1 CBA
who does a statutory (union) anti trust exemption protect?
anyone if legitimate union activity
who does a non statutory (league) anti trust exemption protect?
against unions and members only on CBA issues (direct or indirect)
How can you terminate a statutory anti trust exemption?
union decertification
how can you terminate a non statutory anti trust exemption?
terminated by union decertification only, the league cannot self-terminate
can you recover if contributory negligence is found?
No
can you recover if comparative negligence is found?
weight the two and apportion damages that way
what are 5 types of torts in sports?
1) participant v. participant (intentional)
2) negligence
3) defective equipment
4) spectator injury
5) defamation and violation of privacy
is a principle liable for an act of an agent during the scope of employment?
yes unless the acts are criminal or malicious
what is a negligent act?
the failure to act as a reasonable person would
what is a reckless act?
intent to do the act but don’t intend to injure someone
what is battery?
intent to do the act and cause contact with the intent to injure
how does workers comp work in sports?
when he is injured on the job, he cannot sue the employer
what is the assumption of risk?
know the risk and it has been deemed to have accepted and barred from recovery
what is respondeat suprerior?
a principle is liable for the acts of an agent (whether the employee is an employee or an independent contractor)
what is defamation?
untrue statement published without privilege that damages the reputation of a living person
what is a lie?
untrue statement with the intent to deceive
can two leagues in the same sport exist independently?
only short term
can you deny a competitor essential facility?
no that is a violation of anti trust
is an exclusivity clause permitted?
No, it’s a violation of anti trust essential facilities
what is an equal involvement defense?
when someone offers or creates a doctrine which turns out to violate anti trust and then sues under it
do you need a team to apply for a lease?
no
What is the doctrine of television dilution?
when you bring a new team or league into a TV market and it doesn’t result in 100% sponsorship
practice hypo: the Seahawks are up for sale - the highest bid is $250 million but the owner owns the team in the competing area of another NFL franchise (violation of NFL rules) so the buyer is barred. The next best offer is $200 million - does the owner of the team, under NASL v. NFL have a legitimate claim for $50 million
NO capital is an essential facility to an owner of a baseball, basketball, or NHL
what must a prima facie case need to assert discrimination in employment?
must be established under Title VII
what are the requirements of a person bringing a prima facie case asserting discrimination in employment ?
1) member of a protected class
2) applied for the job
3) was qualified for the job
4) was denied the job
5) the job was given to a member of non-protected class
what happens once the 5 requirements are met for a prima facie case asserting discrimination in employment?
the burden switches to the defendant to defend himself
what are defenses that the defendant can claim when someone is asserting discrimination?
1) bonafide occupation qualification (narrowly construed)
2) subjective business defense (evaluated two applicants and compared them; wasn’t qualified; the other individual was more qualified)
what happens after the defendant interposes one of the defenses when someone is asserting discrimination?
the burden goes back to the plaintiff to prove that the defense is a sham
what is disparate treatment?
intentional discrimination
what is the only defense for disparate treatment?
bona fide occupation qualification
what is disparate impact?
may have started innocent but became discriminatory (not intentional; neutral on its face)
what is a valid defense for disparate impact?
subjective business objective
under Title IX when may you segregate within an institution?
1) contact sports
2) separate facilities provided they are equal (equal scholarships)
to bring a Title IX action do you need to prove a prima facie case?
no
what do you have to assert when bringing a Title IX action?
1) gender participation in sports
2) facilities (equal)
If professor Skehan wanted to teach one class that is all girls and one all boys, does that violate title IX?
no, as long as it is equal
what are schools required to report under the Equity Athletics Disclosure Act?
1) number of current males/females (%)
2) list all the varsity teams (including number of players, number of team players, etc.)
3) ratio of student aid
4) recruiting expenses for males/females
5) revenue generated for males/females
6) salaries of coaches male/females
