Category: March-April 2021

Dismissal of Negligence Action Brought by Seasoned Softball Player and Coach, Is Affirmed by New York’s Appellate Division, Second Department, Relying on Doctrine of Primary Assumption of Risk

By Carla Varriale-Barker, Segal McCambridge Singer & Mahoney, Ltd. New York’s Appellate Division, Second Department has affirmed summary judgment on behalf of the Town of Smithtown, with costs, in a case involving a seasoned softball player and coach who fell on a muddy field during a charity tournament. In a Decision and Order dated March…
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Appeals Court Affirms Ruling Against School District in Case Involving Errant Shot Put

Dr. Robin Ammon, Chair of Division of Kinesiology and Sport Management, University of South Dakota Kenji Spearman was a 12-year-old 6th grader attending Geeter Middle School in Memphis Tennessee. On January 12, 2016 tryouts for the middle school track and field team were conducted on a field behind the middle school. A teaching assistant, Marcus…
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Elvis Presley Enterprises, Inc. Request that the Tennessee Supreme Court

‘Treat Me Nice’ on the Concept of Res Judicata is Granted in Arena Case By Robert J. Romano, JD LLM, Assistant Professor of Sport Management, St. John’s University Things got ‘All Shook Up’ in the State of Tennessee when its Supreme Court ruled on February 24, 2021, that the plaintiff’s, Elvis Presley Enterprises, Inc., lawsuit…
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Opinion – Could Frictionless Create Big-time Friction for Sports Venues on Fans’ Return?

By Chris Hartweg What is going on? First, the simple, courteous act of wearing a protective mask in public managed to polarize the country. Now it appears “vaccine passports”—basically an app to show you have received your COVID-19 vaccine—may be headed for the same fate. (Though apparently we should drop “passport” and call them vaccine…
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New York Court Hands Defeat to Patron Who Sued After Suffering Injury at Madison Square Garden

By Jeff Birren, Senior Writer In 2014, Christian Acevedo went to Madison Square Garden with the intent of watching the U.S. national men’s basketball team play the Dominican Republic.   According to Acevedo, after he entered, he was told to go straight forward.  He did so and walked into a panel of glass.  Acevedo sued…
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Study: Artificial Fog Does Not Appear to Increase Airborne COVID-19 Disease Transmission Risk

A new study released by Aura Health and Safety, The Phylmar Group, and SafeTraces, Inc, a market leader in DNA-based technology solutions, suggests that artificial fog has no negative impact on suspension of aerosols in sports venues and productions.  The COVID-19 pandemic represents a once-in-a-century crisis that has led to unprecedented health and safety challenges…
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Anytime Fitness Steps into NCAA Locker Room Controversy with Bold Statement

When controversy emerged about the inadequate training facility in San Antonio for the Division I Women’s Basketball Championship Athletes, Anytime Fitness took the initiative to issue a statement: “We knew that a press release with some generic platitudes might get eyeballs – but we wanted to make a difference for the athletes. Since they can’t…
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Daytona International Speedway Appoints Industry Veteran Frank Kelleher as Track President

Daytona International Speedway has announced Frank Kelleher, an experienced industry veteran, has been appointed President of Daytona International Speedway. Concurrently, NASCAR announced that Chip Wile has been promoted to a new expansive role overseeing 13 NASCAR-owned tracks as Senior Vice President, Chief Track Properties Officer. In his previous role as NASCAR Senior Vice President and…
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