The Tennessee Titans filed a civil lawsuit against USC and its football coach Lane Kiffin arising out of the school’s hiring of Kennedy Pola, the Titans’ running back coach.

They did not include coach Pola in the suit. The question is why.

This is a breach of contract case if pursued against Pola since the filed documents make clear that the assistant coach’s obligations were to notify his employer and obtain written permission to merely enter into discussions with a third party looking to employ him.

The case against the Titans alleges that they maliciously interfered with a contract they knew about including knowledge of the terms. There is case law in the state of Tennessee that allows for such a claim in addition to a state statute.

Money damages are sought including punitive amounts for the malicious nature of what the Titans believe occurred. And therein lies the only reasonable explanation of why Pola has been spared, at least for now.

Deep pockets are needed for cases like this, first for legal fees and then a potential settlement or a jury verdict if it even gets that far. Pola reportedly was paid $400,000 under the terms of his Titans deal, coming in pay checks just like all of us get from time to time.

USC, on the other hand is worth a whole heck of a lot more, as is Kiffin.

Kiffin will surely have to face the wrath of incoming Athletic Director, Pat Haden, who takes office on August 3. He can’t be happy to start his term by having to untangle another mess brought on by remnants of the bad old days at USC.

Lawsuits such as these can be dismissed prior to getting into the nitty-gritty of depositions and exchange of internal documents and communications. It isn’t likely this will be the case in this instance.

The case states the minimum it has to for a smell test and key facts are what is at issue. Did USC really know that Pola had to ask permission to leave? Were they informed that verbal approval was insufficient to proceed?

Those kinds of things require fact finding that will open USC and Kiffin to producing texts, phone records, emails and testimony about how in less than 48 hours, a man with a contract left his employer and joined another, without proper notice and approval.

Stay tuned..

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles. 

Copyright ©2010 Sports Climax, LLC

Dallas Cowboys wide receiver Dez Bryant has decided that rookies don’t carry pads at NFL training camp and has refused to participate in a time honored tradition. Perhaps it’s not about all rookies, rather it’s only about him.

We aren’t surprised are we? His quote on the subject was, “I’m not doing it,” Bryant said. “I feel like I was drafted to play football, not carry another player’s pads.”

Didn’t he drop to his NFL draft position solely on the reports of his personal behavior? He was subject to discipline by the NCAA, which if you believe everything Bryant and his mentor Deion Sanders had to say, was much ado about nothing.

Yet, he has put his stake in the ground about a tried and true ritual that has been performed by every big name in the league at one time or another.

Perhaps it was the fact that the person who pointed to the pads and told him to go get them was the guy whose job may just be at risk now that Bryant has landed in Dallas.

Roy Williams, Cowboys starter and a guy who hasn’t lived up to the price paid for him by the team, is now in a tough position.

Williams whined that he had to go through the rookie ritual as did every other player he ever teamed up with. There’s been no specificity on where this should go next but if Williams’ teammates don’t step up and help him out, he’ll be placed in the role of toothless tiger.

Profootballtalk.com’s Mike Florio found Shawne Merriman’s suggestion on his Twitter account:” Dump his ass in the COLD TUB,” were Merriman’s words of advice to the Cowboys.

Will Bryant break the culture of rookie hazing as practiced by hulking football players? Not likely and for good reason according to an anonymous player who wrote a piece in last September’s ESPN The Magazine.

“Believe it or not, though, there’s a purpose to this idiotic stuff: It’s an initiation into a culture of respect for the men who played before you,” wrote Player X, offered a chance to weigh-in on the topic.

“The only reason we have million-dollar contracts nowadays is that players before us fought for our rights. So you have to pay your dues, show respect to the veterans.”

I think that pretty much sums up why this won’t go away for Bryant and why he won’t be getting much support from anyone else on the subject.

What a year for HBO’s “Hard Knocks” to be focusing on the New York Jets. Bryant’s comeuppance would be must see TV.

Used with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles. 

Copyright ©2010 Sports Climax, LLC

Cedric Benson will meet with NFL commissioner Roger Goodell on Thursday as the latest NFL player to be accused of disciplinary troubles off the gridiron.  The most recent trouble for Benson came on June 29 at an Austin, Texas bar where he was arrested on an assault charge.  Benson has previously faced criminal charges on three separate occasions. 

Bengals coach Marvin Lewis says that he “doesn’t believe Benson will be suspended” under the personal conduct policy of the NFL.  As the fourth overall pick by the Chicago Bears in the 2005 NFL Draft, Benson failed to find his stride and had personal issues with teammates that were well documented following a lengthy holdout.  After an alcohol related arrest, Benson was released in June 2008.

After serving a year as a backup in Cincinnati, Benson decided to remain with the Bengals in 2009 and rushed for 1,251 yards.  This made him the 8th leading rusher in the NFL on the season even though he missed 3 games due to injury.  In a tough postseason loss to the New York Jets, Benson set the team rushing record for a postseason game with a total of 169 rushing yards.  Under the guidance of Coach Marvin Lewis, Benson has become an integral part of the Bengals offense. 

While the tenure of Lewis has had its up and down moments; he has led the team to the NFL playoffs twice.  In 2005, the postseason ended after an early Carson Palmer injury in the opening playoff game after the team had posted a record strong enough to earn the first-round bye.  Last season, Lewis was awarded 2009 Coach of the Year by the Associated Press for turning the team around after a disappointing 2008 campaign. 

Despite the flashes of success on the field, Lewis has endured years of off the field issues by members of the team.  The most tragic of these was the death of wide-receiver Chris Henry in Charlotte, North Carolina last December after a domestic dispute with his fiancée.  However, Lewis is making the argument that the past issues of team members along with Benson’s previous history are the primary reasons why this case has received so much attention.

Benson isn’t the only NFL player currently facing possible disciplinary action. 

Earlier this week, recently released Oakland Raiders quarterback JaMarcus Russell plead not guilty to charges of illegal drug possession.  Russell was arrested July 5 after an undercover investigation led authorities to discover codeine syrup without a prescription. 

The image of Russell was already badly tarnished after several horrendous seasons that eventually led to the quarterback being benched.  Russell was then released on May 6 and his troubles grew further when the Raiders filed a grievance with the league in an attempt to recover $9.5 million of the $36.4 million that was paid to the former LSU star while in the silver and black. 

Although no arrests are planned from the incident in which Tennessee Titans quarterback Vince Young was cited for assault that resulted in bodily injury at a Dallas strip club. Young is expected to receive some sort of disciplinary action from the league. How severe or if a suspension would be included is left to be seen.

Successful Pittsburgh Steelers quarterback Ben Roethlisberger has been no stranger to success on the NFL field twice leading his team to become Super Bowl champions.  However, off the field, Roethlisberger has been involved in several high-profile incidents including a nearly fatal motorcycle accident in 2006 and, most recently, accusations of sexual assault.   

While neither allegation led to the arrest of Roethlisberger, the most recent sexual assault allegation resulted in a six-game suspension without pay.  The league has since mandated a “professional behavior evaluation” and he must further adhere to counseling or treatment that may be recommended by the evaluators.  During the 2010 NFL Draft, Big Ben was often referred to as possible “trade-bait” that the Steelers might use to move up to a higher pick in the draft. 

The rumors turned out to be inaccurate and Roethlisberger remains a Steeler at the moment.  The six-game suspension has led to much debate in the media about what might happen if another quarterback gets on a roll during the mandatory time off.  Earlier in the season, Dennis Dixon started a game for an injured Roethlisberger and nearly defeated a defense-powerful Baltimore Ravens squad.  This led many that were already upset with Roethlisberger to insist upon his replacement.

While on this disciplinary topic, you need to include New York Jets wide receiver Santonio Holmes who will miss the first four games of this season from a suspension for violating the league’s substance abuse policy.

Holmes, no stranger to legal troubles, once acknowledged that he sold drugs on the street as a teenager. The star receiver has been faced with off the field issues twice in 2010.  The first came at a nightclub where a woman accused Holmes of throwing a glass at her and cutting her above the eye.  Shortly thereafter, a Twitter user spoke negatively of the incident to which Holmes responded with several disparaging remarks.

Holmes would later allege that his Twitter account had been hacked at the time of the responses and that it wasn’t actually him addressing the fans.  One month later, Holmes refused to turn an iPod off at the request of a flight attendant citing airline regulations.  Although no arrest resulted from the incident, Holmes was removed from the flight by police officers and reminded to comply with regulations. 

The ever popular Madden video game series will release its latest episode entitled “Madden 11” on August 10.  Although the game series doesn’t offer players the ability to live the life of their favorite players off the field the conduct of many stars as of late would have many wondering if it should be an option. 

Used with permission of the author.

Cade Caldwell is an Atlanta-based sportswriter and contributor to Sports Climax.

Copyright ©2010 Sports Climax, LLC

It’s that time of year again for NFL fans to climb aboard the Brett Favre roller coaster, buckle in and take a ride while we wait for “The Decision”. Question is, will ESPN have a prime-time special with Favre announcing his decision like they did with LeBron James? 

Artwork: Gener De Vera

With Favre it could be called “The Indecision”.

Favre, sitting across from host Jim Gray as the highest rated audience in cable history sits glued to their seats: “I’ve decided to do it again in Minnesota this season . . . maybe; if my health is okay.”

“So I’m signing next week for sure unless I decide to call coach Chilly in the middle of the night on Wednesday to let him know I’ve reconsidered and to move on without me. But again, I’m retired for sure–100% sure– so it’s going to be fun beating New Orleans that first week.”

Welcome to Favre 2010, the 3^rd annual roller coaster ride. Like an irresolute teenager deciding on a prom dress, Favre again is weighing in on going fishing or donning purple for another season in Minnesota. Speaking of proms, Favre has been zipping a few spirals to high school kids like he did last year.

This comes AFTER he explained his ankle needed to be rehabbed before he makes any decision and that came a week AFTER he announced how fun it would be to “beat New Orleans that first week”.

Over the past several years, Favre has owned the media this time of year. In fact as this keyboard clicks away, “Brett Favre” is the trending topic this morning on Yahoo! Search and Google trends and it’s only July 17. Wait until that roller coaster gets over the first hill and speeds closer to preseason.

Last year after announcing he was signing, he backed out just two days before camp, leaving the Vikings scrambling to decide what QB would be taking the snaps. Then a few weeks into preseason, Favre reconsidered and showed up to play ball, the rest is history.

Favre, who turned 40 years old during the season, had one of the greatest years in his entire career, tossing 33 touchdown passes and only 7 interceptions for a career-best QB rating of 107.2. Besides racking up impressive personal stats, the aging slinger led the Vikes to the NFC Championship game.

Favre’s numbers were staggering, especially for a guy known throughout his career of hitting the numbers of the wrong colored jersey. The year prior while playing for the Jets, he led the NFL with 22 INTs.

Favre has always been a warrior, taking vicious hits throughout his 19-year career, always able to get back on his feet. He holds the NFL record for consecutive starts at 285 games. You would MAYBE expect a kicker or punter to be able to pull that string off, not a quarterback getting blind-sided several times a week by 300-plus pound linemen running full speed.

Coming off this record-breaking season with his Iron Man streak still alive, Favre is expected to play another season but as we sit strapped in our seats awaiting “The Indecision” there are sure to be more hills ahead.

MORE: Full-size “The Indecision” caricature

Copyright ©2010 Sports Climax, LLC

MOBILE, Ala. – Former Oakland Raiders quarterback JaMarcus Russell, the No. 1 overall pick and possibly the biggest bust in the history of the NFL Draft, has been charged with possession of a controlled substance, codeine syrup?

Yeah, that’s not a typo, codeine syrup.

 It’s hard not to wonder if this is a case of the Alabammy poe-lice really reaching here. Now cocaine, steroids, even marijuana are substances you expect the police to clean the streets of but a prescription liquid for colds, hhhhmmmm.

Russell, 24 years old, was arrested at his home in Alabama on Monday; cuffed and cheesed for a mugshot.

The former LSU star was busted as part of an undercover narcotics investigation so we have to wonder if the police expected to find a different substance when they searched the home but decided to go for the consolation prize. . . syrup without a prescription.

After taking the mug and doing the other formalities, Russell was released after posting a $2,500 bond.

Russell owns one of the worst career passer ratings ever for a high drafted quarterback, completing 52.1 percent of his passes, with 18 touchdowns, 23 interceptions, 15 lost fumbles and a passer rating of 65.2.

Despite his failures on the field, Russell banked over $36 million during his time in Oakland.

MORE Sports Mugshots at Jocks Behind Bars

Used with permission of the author.

Jay Donetelli is a freelance sportswriter and contributor to Sports Climax. With an opinion sometimes sharper than an Ovechkin skate blade with the sting of an Ali jab, Donetelli has a loyal following of supporters who have found a way to love him.

Copyright ©2010 Sports Climax, LLC

With the latest news that police in Virginia Beach have renewed their interest in Michael Vick while investigating a shooting on the night of his birthday party, lines have been drawn and sides chosen.

On one side are those that understand the reasoning behind a well paid NFL quarterback throwing a party at a local club, charging admission scaled for regular folks and VIPs, then expressing surprise at the criticism tossed at the birthday boy when violence results.

On the other side are people who understand the consequences of not planning for the unexpected results of all that.

Because the country has been divided on the opinion of Vick’s conviction, sentence, rehabilitation and reemergence as an NFL player, the latest news provides us with nothing new to gain insight into why there is such a disparity of feeling on the subject.

Vick at his post-prison press conference said he knew he would only get one chance at his “second chance”

Vick has what Commissioner Roger Goodell says is a “very limited” margin for error in his new life in the NFL, thus the investigation into the incident outside the club in Virginia is separated into two parts.

The NFL, as we have seen, hands down its own punishment despite there being no criminality proven or charged. Roger Goodell suspended Steelers quarterback Ben Roethlisberger for making bad choices.

It will be interesting to note if the league comes down on the side of those that believe Vick put himself in a position to find trouble and thus violated the NFL’s short leash of discipline, whether or not the police find a connection between him and the shooting.

Roethlisberger told to undergo medical and psychological examination by NFL

The fact that Michael Vick’s word doesn’t close the door on a league investigation is pretty easy to understand. Vick’s previous criminal activity was denied repeatedly until he was surrounded by facts that made him admit his mistakes.

A no-strike policy doesn’t give one the presumption of innocence. It also doesn’t presume guilt. What it requires is proof of innocence in order to show that this time, there is no lying.

You can bet your bottom dollar that the decision to sell tickets to the public, not knowing who would show up, wasn’t run up the flag pole with Tony Dungy, the designated counselor for all purposes when it comes to Mike Vick.

How Tony Dungy got Michael Vick back into the NFL

Ben Roethlisberger is being taught the consequences of what he used to think was innocent behavior. No matter what age, change is hard and takes time. For Michael Vick, that time is now.

Re-printed with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles. 

Copyright ©2010 Sports Climax, LLC

Detroit Lions President Tom Lewand became the latest Jocks Behind Bars member when he was arrested for DUI in Roscommon County, Michigan.

When the blue lights went on with no Kmart in sight, it was obvious it wasn’t for the latest “blue-light special” and it all went downhill from there for Lewand.

After pulling over to the curb and being questioned by the cops, Lewand, who police say had eyes that were “glossy and bloodshot” repeatedly denied he had consumed any alcohol but later at the police station, he blew about double the legal limit.

 The Reader’s Digest version goes like this. After leaving a nearby watering hole, Lewand drove really shitty, swerving over the lines and after getting pulled over he failed the field sobriety tests; according to the arresting officers.

If we were taking a poll, I might vote that Lewand somehow passed the tests until he was asked to balance on one foot. I can barely do that sober, but what the hell do I know; I sit here typing about this shit while those cops are paid to reach their quota, I mean figure all this legal stuff out.

After reciting the ABC’s up to the letter ‘S’ and counting forward and back, touching his nose, picking his ass and all that other stuff cops love to ask us to do hours after dark, he refused to take a breath test at the scene. That led to having the cuffs thrown on and a long, lonely trip to the slammer where Lewand is said to have blown a blood-alcohol level of .21 and .20, more than 2 1/2 times the legal limit. The legal limit in Michigan is .08. If only his Lions offense could register a score with a 21 in it!

When you listen to the tape, you can hear one of the cops ask Lewand how much he had to drink.

Lewand answered:

“Not a thing. No. No. I haven’t had a thing to drink in about a year and a half.”

Well that musta been some strong Mississippi grain alcohol to last that long since Lewand blew that .21 18 months after his last drink, according to him.

 Later Lewand added, “I’m happy to take whatever you want me to do, but review for me why I did not pass what you suggested I do.” After that remark a deputy offered Lewand two choices, blow in the tube or get busted and soon after, the cuffs went on.

Copies of the actual arrest documents can be viewed here.

Bob Hallauer, the owner of the Limberlost bar where Lewand had left minutes prior to being pulled over, told the Detroit Free Press that Lewand “was the victim of overzealous cops trying to raise money by issuing tickets on M-55”.

“Come on vacation, leave on probation — that’s what people say about Houghton Lake,” Hallauer said.

“The police wait for people to pull out of your parking lot and pounce on them.”

Roscommon County Sheriff Randall Stevenson defended his cops saying, “My officers do not sit on bars.”

Lewand has apologized saying he takes “full responsibility for [my actions]” and that he was “a person in active recovery.”

NFL Commissioner Roger Goodell is expected to come down on Lewand saying the NFL policies apply to players, coaches, execs and everyone in the organizations.

The Tom Lewand mugshot has not surfaced on the net but when it does, you will find it here.

More Jocks Behind Bars here

Copyright © 2010 Sports Climax, LLC

The NFL Players Association has filed a complaint with an arbitrator for the purpose of taking a money lifeline away from NFL owners ahead of the expected lockout year of 2011.

The league’s contract with its television network partners contains a guarantee that revenue will continue to flow to the NFL whether or not games are played next season. To the tune of $4 billion.

It provides a huge cushion for lost revenue and acts as a war chest for fighting the players over terms of a new Collective Bargaining Agreement (CBA).

That alone would not be the basis for a grievance, but if money were taken away from the revenue pool shared with players to create that cushion, then it is the perfect reason to start a fight.

The union’s lead lawyer, Jeffrey Kessel told the National Law Journal, “We believe what the league did was to trade revenues during the term of our collective bargaining agreement exchanged for lockout financing from the networks. We think that trade is a fundamental violation of what, frankly, we negotiated back in 1993.”

Kessler, on behalf of the union is asking the arbitrator to escrow the cushion money during the term of any lockout as well as to assess damages once the discovery process determines how much was allegedly held back from the players.

The ultimate purpose is to make it more difficult for the league to financially survive a lock-out or perhaps head it off at the pass. Depositions of league officials who negotiated the television contracts are expected to begin in the coming weeks.

The NFL has had a bad couple of weeks. The recent Supreme Court decision denied it a broad exemption from compliance with the country’s anti-trust laws, and now this. Fun times.

Re-printed with permission of the author.

Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles. 

Copyright ©2010 Sports Climax, LLC

MLB Commissioner Bud Selig may have just taken the title of worst commissioner in the history of professional sportsaway from NHL Commissioner Gary Bettman and for that he gets the Sports Climax Bitch-Slap-of-the-Week.

In a sports world where the NHL relies on verifying with video footage that a puck is in the net and the NFL that two feet are inbounds on a TD pass, after yesterday’s interview, Selig appears to be comfortable allowing human error to continue to create controversy in his sport.

Selig has been saturated in controversy over the past few decades with many accusing him of ignoring the steroid abuse issues that were prevalent and obvious during the 1990’s when Mark McGwire and Sammy Sosa were playing home run derby.

We know how Selig has managed to skirt around issues involving  several other situations including the Roger Clemens and Barry Bonds perjury investigations and the uncovering of A-Rod and several other player’s syringe use.

The more recent issues surround the blatant, game-changing calls that his umpire crews have been making. Some of these blunders, like those made during recent playoffs, have sent hard-working organizations home packing earlier than they should have been.

More recently the Jim Joyce “three-blind-mice- I-have-my-head-up-my-ass” call that took a perfect game from a young Detroit pitcher now has center stage.

That said the buzz about expanding the instant replay had gathered more steam than a locomotive; that is until yesterday when Selig all but squashed the concept.

In an interview with the AP, Selig said he will continue to look at expanding the use of instant replay in baseball, but doesn’t think it will happen this year—if at all. WTF!

“I doubt it, but I wouldn’t ever say never. It’s worked out well.”

SLAP! That line deserves a good bitch-slappin’. What has worked out well? Allowing crews to make blunders that advance the biggest market New York Yankees to another playoff series?

Wouldn’t determining the correct winners for the fans as often as possible be considered working out well?

Making changes that limit mistakes and blunders your blind umpire crews seem to be making on a more consistent basis would be considered working out well.

On another note, these calls have affected our country’s legal gambling systems. Some of these calls have affected the final score or winners as in several MLB Playoff games in the past meaning the people who have wagered on that game have been cheated.

Logical minds who run the NFL and NBA and even Bettman’s NHL have realized how advantageous it is to utilize video replay technology but Selig continues to hide behind some sort of curtain that many of us cannot figure out. How could he not want to reduce those occurrences and limit mistakes?

Selig went on to say in the interview that he “wants to do what I think is best for the sport.”

If that were true Mr. Selig than many people would say then you should resign.

RELATED STORIES:

Umpire Joyce Joins Buckner in Hall of Shame – Sports Climax

McGwire steroid book ranked 94,956 in sales – Sports Climax

Copyright ©2010 Sports Climax, LLC

The NFL lost a big one in the U.S. Supreme Court. It had hoped the court would allow it to act as one business, rather than a group of 32 teams, for all purposes.

Instead, it was denied the decades-old sweeping antitrust exemption given to Major League Baseball in a unanimous 9-0 decision. Some things cross political lines of individual justices and it appears this is one of them.

The opinion written by Justice John Paul Stevens ruled in favor of American Needle, Inc. who sued the league in 2004after it chose Reebok to supply team merchandise on a league-wide basis.

The clothing company challenged the right of the NFL to act in concert with its member teams when it made business decisions that limit competition.

The league countered by saying that its 32 teams are really only parts of one large organization and not separate businesses, which should exempt them from compliance with U.S. antitrust laws.

American lost at trial and at the intermediate appellate level, prior to petitioning the Supreme Court to hear the case. The NFL seemed confident it would be protected by the court. It was wrong.

There are two immediate results of Monday’s ruling. First, American was given the right to go back to the trial-level court and argue the original case, hoping a judge or jury will decide the league violated current law.

The clothing company might win or it might lose using the standard measure in antitrust cases. Is the complained of restriction reasonable or does it violate the law?

This may be of assistance to other similarly situated companies who hope to do business with teams within the league. In fact some owners will be happy for the opportunity to earn more money on individually negotiated terms. Think Jerry Jones and Al Davis.

The second immediate effect is on the players’ union. It breathed a sigh of relief since it is facing its own negotiation show-down with the owners and the league.

The new Collective Bargaining Agreement (CBA) is on the table and it was feared by the union that with a green light from the Supreme Court would have given the league more financial clout than it already has…and that’s pretty big.

“Although N.F.L. teams have common interests such as promoting the N.F.L. brand,” Justice John Paul Stevens wrote for the court, “they are still separate, profit-maximizing entities.” Some of the common interests are league rules and scheduling of games.

Other sports league threw their lot in with the NFL and submitted briefs in support of its case. They now will have to live (except for MLB) with the new rules set down by the high court. It’s morning in American sports.