Class Actions That Changed Sports

It’s fair to say that few people appreciate just how much of their life is affected by class action lawsuits. It’s not the suits themselves that always matter – the paperwork, the court cases, the claims and counter-claims – but, instead, the outcome of the suits. The resolution of these cases often have a far-reaching effect that echoes down through the years – and whole areas (travel, shopping, eating, drinking, even the Internet) – shift course because of a single case. Today, we’re going to have a look at another industry that’s been changed directly by class action lawsuits: sports.

Protecting Players from Head Injuries

There’s been a huge push in the last few years for organizations to recognize the impact of sports on the players themselves. Specifically, impact sports, like football, rugby and even soccer, have been linked to concussions and head injuries that affect players long after they retire. Trying to bring about change when organizations like the NFL have such clout isn’t always easy – but player-led class action lawsuits are finally seeing things made better for future generations.

Football

In 2014, a class action lawsuit was filed on behalf of retired NFL players alleging the sport’s governing bodies hadn’t done enough to protect those playing professional football. Specifically, the suit claimed that the NFL was “aware of the evidence and the risks associated with repetitive traumatic brain injuries but fail[ed] to warn and protect the players.” After extensive negotiations, a settlement was reached that gave players access to examinations, counseling, and treatment for moderate cognitive impairment, as well as monetary payments for deaths and a number of illnesses, including Parkinson’s and Alzheimer’s. Perhaps most important for future players, though, is the $10 million allocated for education programs to promote safety, prevent injury, and make sure youth football programs include safety initiatives.

Soccer

We’ve written about this before – back in 2014, in fact – but it may surprise some to learn that the United States Soccer Federation has been sued over concussion injuries. In November 2015, the USSF reached a settlement in the case, which highlighted concerns about head injuries linked to heading the ball – specifically in youth games. The federation has now issued new guidelines, covering all U.S. Soccer youth and national teams, that prohibits players under ten from heading the ball and limits headers as part of practice for players aged 11 to 13.

There’s also going to be changes to substitution rules that allow players to be examined if head injuries are suspected. The old rules, allowing only three substitutions in adult games, were highlighted by critics as a cause of soccer-related concussions, as players were often reluctant to leave the field during games. Again, the USSF has also announced its intentions to improve education about the risk of the game, including promoting a more uniform approach to the treatment and diagnosis of head injuries. That has to be a good thing: according to the 2014 suit, more than 50,000 high school soccer players suffered concussions from playing soccer in 2010. Hopefully, these changes will mean we never see such a high number again.

NCAA

Men and women who took part in college basketball, football, ice hockey, soccer, wrestling, field hockey or lacrosse at any time in the last half-century are now covered by a settlement announced by the National Collegiate Athletic Association following the resolution of a class action lawsuit involving head injuries. More than 1,000 schools are covered by the $70 million fund, which comes alongside a new NCAA policy spelling out how teams must treat players who suffer head injuries during games and practices. The settlement comes after ten lawsuits were filed across the United States by current and former players in NCAA-affiliated schools.

The settlement provides for baseline neurological tests, carried out yearly, to help doctors better understand the severity of concussion injuries within the sports’ seasons. Coaches and athletes will also be required to attend concussion education, with all medical testing overseen by a new and, crucially, independent Medical Science Committee.

Watching Major League Baseball Just Got Easier

In January, Major League Baseball and frustrated fans announced a settlement to a lawsuit just moments before the trial was due to begin. The topic? The way the MLB packages and sells out-of-market broadcasts of games – and specifically, how much it charged fans who only want to watch their team, but were forced to subscribe to whole leagues.

A bit of history: the MLB has a long-standing policy of selling league-wide cable and online game packages, while also operating regional blackouts, limiting the areas in which certain teams’ games are broadcast. The problem, fans argued, was that fans who lived outside of their team’s region – in a different state, for example – were unable to purchase a package that gave them access to their chosen team’s games without having to subscribe to the entire league. Essentially, fans were forced to buy far more than they wanted, with no alternative – hence the lawsuit being brought under antitrust laws.

Well, now the MLB has agreed to change things, lowering prices, offering season single-team packages online, and giving baseball fans the option to watch certain team’s games as “in market” even if they previously would have been blacked out. It’s a good result for fans – and, if it means more people watching and getting involved, it’s a good result for baseball, too.

Something to Cheer for: Cheerleaders Fight for Proper Pay

You might associate cheerleading more with high school and teen drama, but it’s become big business, with professional sports teams’ cheerleaders pushed harder than ever to perform spectacular feats. The relationship between cheerleaders and sports clubs has never been well defined: Are they employees? Volunteers? Who pays for the uniform and the time spent practicing?

Following a headline-grabbing lawsuit filed by Raiders’ cheerleaders (the Raiderettes), several groups of women have filed class action lawsuits claiming they were paid below the federal minimum wage for the time they spent cheering. The Raiderettes' 2014 suit ended in a $1.25 million settlement and an agreement that women would be paid $9 an hour plus overtime. (The deal included back pay covering seasons stretching from 2010 to 2014.) And it’s not the only case that’s been successful – here are some other examples:

And, if that’s not enough, here’s proof that the sport really is being changed by these lawsuits: in 2015, a bill in California – thought to be the first of its kind – was sent to the governor that would require all cheerleaders in the state to be paid at least minimum wage, with overtime and sick days, if they work for a California-based professional sports team.

So, whether it’s players’ health, fan’s access to games, or even the entertainment built up around the sports, class actions continue to change the world, bit by bit.