Month: January 2020

The Spurs had a season-high 19 3-pointers to beat Milwaukee 126-104

Melo Eggleston hit two free throws with 10 seconds left, then dunked as time expired to allow Arkansas State hold off Georgia State, 90-87

Former Bachelor contestant Jade Roper Tolbert and DraftKings could be headed toward a legal dispute over a $1 million prize.

Are Jade Roper Tolbert and DraftKings headed for a legal dispute over a $1 million prize?

The 33-year-old former contestant on both The Bachelor (Season 19) and The Bachelor in Paradise placed first in DraftKings’ “Millionaire Maker” challenge over the weekend. Her winning entry was one of the 150 entries she purchased for $20 each, for a total of $3,000. DraftKings caps the number of allowable entries per player to 150 in order to ensure that no player “games” the system by obtaining higher than acceptable odds.

Roper Tolbert’s winning entry amassed the most points of the 105,883 total entries purchased by players in the competition. Her 180.78 points edged out the entry of runner up spclk36, who scored 178.16 points. SPclk36 earned $100,000 for its second-place finish, while obiejake netted $40,000 for finishing in third place with a score of 177.12. Others who finished in the top tier gained the right to receive smaller winnings.

Roper Tolbert excelled at picking some of the highest performing players from this past weekend’s four wild-card games. Her winning lineup included Seattle Seahawks receiver DK Metcalf, who caught seven catches, one of which was a touchdown, in his team’s 17-9 victory on Sunday over the Philadelphia Eagles. It also included Houston Texans quarterback Deshaun Watson (247 yards, one touchdown pass) and New Orleans Saints running back Alvin Kamara (21 yards, one rushing touchdown).

Roper Tolbert’s victory has come under fire for possible collusion with her husband, Tanner Tolbert, whom Roper Tolbert met on The Bachelor in Paradise. Tanner, like his wife, purchased the maximum allowable number of entries.

Evidence of possible collusion

On the surface, the couple’s 300 total lineups suggest they coordinated their entries.

One particularly troubling factor: 298 of the 300 lineups were unique, a highly unlikely result if the two had submitted lineups without any prior coordination. Twitter user @huitcinqDFS identified this atypical prevalence of unique lineups to remark, “they cheated, end of story.” In addition, Roper Tolbert’s lineup featured quarterbacks who mostly played on Saturday while her husband’s lineup mostly contained quarterbacks who played on Sunday. This sparked Twitter user @williambierman to contrast the quarterback selections and contend “this is absolutely insanity and is the clearest collusion ever.”

If the two had, in fact, coordinated their combined 300 entries, they would have run afoul of DraftKings’s community guidelines. Those guidelines prohibit so-called “team-building complementary lineups” when two or more people “serve to work together AND execute a strategy that may create any unfair advantage over individual play.” To illustrate a prohibited strategy, DraftKings imagines that three friends coordinate the makeup of their lineups and then synchronize which contests they enter using those lineups.

DraftKings distinguishes lineup coordination from mere discussions and debates between family and friends about lineups. To that end, it is permissible for players to “discuss strategy around building lineups, statistics, and the quality of your picks publicly or privately.” Also, two friends can work closely and build a lineup together.

In other words, it would have been okay if Roper Tolbert and her husband had together purchased 150 entries and coordinated their 150 total entries. It would have also been okay if the couple had discussed the strategies and plusses and minuses of their picks and each went on to independently purchase 150 entries. To that end, Roper Tolbert’s now-controversial tweet that her husband discouraged her from playing Metcalf is not, in and of itself, proof of collusion. The discouragement could have been part of a married couple’s normal banter.

However, it would not have been okay if Roper Tolbert and Tolbert had executed a strategy to double their odds for winning by getting 300 chances instead of 150. That would have constituted textbook collusion: two competing players conspiring to game the system and cheat other players.

The limit of entries to 150 is also not a randomly selected number by DraftKings. As Dustin Gouker of Legal Sports Report details, state laws related to daily fantasy sports tend to use 150 as a sensible cap. Gouker highlights New York’s law which states:

Each Operator must restrict the number of entries submitted by a single authorized player for any contest to 150 entries per player per contest, or by a maximum of three percent of the total number of entries by all players for any contest, whichever is less, or as determined by the Commission. Operators must take reasonable steps to prevent authorized players from submitting more than the allowable number of entries per contest.

A potential legal battle would probably land in arbitration

A spokesperson for DraftKings has issued a statement saying the company will investigate Roper Tolbert’s entry to ensure compliance with company fairness and integrity requirements. The company does not pay out an award until it completes an investigation.

In addition, DraftKings possesses the authority under its terms and conditions to require that a player submit an affidavit—meaning a sworn statement that could give grounds for a perjury criminal charge if the affiant knowingly lies—to attest that he or she is “in compliance” with DraftKings rules.

If DraftKings ultimately refuses to pay Roper Tolbert, she might consider suing DraftKings for breach of contract, consumer fraud, invasion of privacy and other possible claims.

She could, for instance, deny that collusion took place and stress that her odds of winning were higher than most players since she purchased—at her own expense—150 entries. Roper Tolbert could thus portray the criticism as sour grapes from jealous people. Likewise, she could assert that there is no evidence of collusion, only a theory of it from various people on Twitter; historically, collusion requires actual evidence, including a paper trail. It’s unclear how DraftKings would uncover evidence of texts or emails between a married couple unless the company took legal action against them (which is unlikely, as discussed below, and could also run afoul of spousal testimonial privileges)

Roper Tolbert could further insist that a married couple has a privacy right to discuss decisions that have financial implications for the family—including the family checkbook or credit card used to pay DraftKings. From that lens, denial of payment by DraftKings might constitute an invasion of privacy. She might also contend that DraftKings is treating her differently, and more harshly, because of the public backlash over her victory.

Obviously, DraftKings would disagree with all of these points. The company would argue, among other things, that in the context of rule compliance and the “Millionaire Maker” challenge, Roper Tolbert and Tolbert were not husband and wife—they were competing players. If they colluded, the fact that they were married when they colluded is irrelevant.

Also, one major hurdle for Roper Tolbert in any legal action would be DraftKings’ terms and conditions. Those terms require that players accept arbitration to resolve any legal disputes stemming from their contractual agreements and commercial transactions with DraftKings, including potential claims for breach.

Specifically, Tolbert and DraftKings would be compelled to raise their arguments before a single arbitrator appointed by the American Arbitration Association. The arbitration proceeding must also be conducted in accordance with the Federal Arbitration Act, which largely insulates arbitration awards (arbitration rulings) from review by federal judges. The arbitration hearing would be held in Suffolk County, Massachusetts. This is the county for Boston, where DraftKings is headquartered. Roper Tolbert’s Twitter account indicates she lives in Kansas City and Los Angeles, meaning she would need to travel to take on DraftKings.

Under DraftKings’ terms and conditions, the arbitrator would also be limited in the financial award that he or she could assign. Punitive damages—meaning damages to punish, rather than to merely compensate—would be prohibited.

An arbitration hearing is also conducted in private, unlike a trial which is held in public. Furthermore, records generated from arbitrations are confidential, unlike those from a trial which are published.

Like many companies, DraftKings, which intends to go public in 2020 with a $3.3 billion valuation and which has grown in scope as more states legalize sports wagering, likely does not want to litigate matters with players. Litigation involves pretrial discovery, where parties are compelled to share sensitive records and where company executives can be forced to answer questions under oath. Litigation also produces records that can be accessed by media and lead to news stories that impact valuations of companies and their stocks. Such records could also be reviewed by state lawmakers and regulators who are dubious of daily fantasy sports and sports wagering-related activities.

By agreeing to play DraftKings, Roper Tolbert further waives all rights to a trial by jury “for any claim.” To the extent she and her attorneys could succeed in getting a court to hear a claim, only a judge would decide it. DraftKings also insulates itself from potential legal exposure through a series of warranties. The warranties make clear the company’s website and software are not viable grounds for legal actions.

DraftKings might pay Roper Tolbert even if company officials believe she and her husband colluded

Regardless of DraftKings’ investigatory findings, the company might be tempted to pay Roper Tolbert. A legal fight with Roper Tolbert would attract headlines and DraftKings could risk being portrayed as a bully. Also, a legal fight would likely require DraftKings to hire attorneys. Meanwhile, such a legal battle with Roper Tolbert could motivate Wall Street investors—who will soon have a chance to buy DraftKings stock—and state regulators to take a closer and more scrutinizing look at the company. Stated differently, by not paying Roper Tolbert, DraftKings could lose more than the $1 million it would need to pay her.

On the other hand, DraftKings has wisely insulated itself from the threat of a trial by mandating that players use arbitration for most types of disputes. And, as discussed above, arbitration is private and confidential. That type of environment would diminish the public—and media—interest in a dispute.

Also, if DraftKings pays Roper Tolbert despite concluding that she colluded, two groups might question the merits of that choice.

First are the runner-up players, including sPclk36 and obiejake, who netted less money because Roper Tolbert won. If they believe that DraftKings is not upholding the terms and conditions to play and that DraftKings’ failure has cost them deserved winnings, they could consider bringing a legal action (but, as detailed above, it would go to arbitration).

Second are lawmakers and regulators who might question whether DraftKings is willing to enforce rules that, in some instances, states require.

Sports Illustrated will keep you updated on developments.

Michael McCann is SI’s Legal Analyst. He is also an attorney and Director of the Sports and Entertainment Law Institute at the University of New Hampshire Franklin Pierce School of Law.

Pete Carroll said Marshawn Lynch is ready to handle a bigger load against the Packers next week.

Joel Embiid said Monday night that it’s a “possibility” he’ll miss Thursday’s game against the Celtics after dislocating his left ring finger.

Joel Embiid scored 18 points in Philadelphia’s 120-113 win on Monday night over the Thunder despite dislocating his left ring finger in the first quarter. But after the game, Embiid told reporters that it is a “possibility” he doesn’t play Thursday when the Sixers host the Celtics.

The injury occurred early in Monday night’s contest. The Kansas product’s bent finger was seen stretching across his pinkie.

He briefly went into the locker room, where he got the finger taped and received an x-ray which Embiid said revealed it was “nothing.” He returned to start the second quarter and finished the game with 33 minutes of action. 

Philadelphia entered the game in need of a victory, having lost its last four games. The team has largely struggled to find an identity on the offensive end of the floor. 

“It was pretty bad. Was basically playing with one hand,” Embiid said. “In the midst of the streak, just wanted to make sure I do everything possible to get us a win.”

The 24-14 76ers currently sit at fifth in the Eastern Conference. They host Boston on Thursday, looking to beat the Celtics for the third time this season. Embiid scored 15 points and grabbed 13 rebounds in Philly’s opening-night win over Boston. He later finished with 38 points and 13 rebounds in the 76ers’ win in mid-December.

Tipoff for Thursday’s game against the Celtics is set for 7 p.m. ET.

49ers QB Jimmy Garoppolo was reportedly fined for throwing a football into the stands following his team’s Week 17 victory over Seattle.

Jimmy Garoppolo and the San Francisco 49ers were idle last week during the NFL’s Wild-Card weekend, a reward for their regular-season performance. But one of Garoppolo’s final acts of the season reportedly turned out to be costly. 

Garoppolo threw a football into the stands after running the clock out in San Francisco’s 26-21 victory over the Seahawks to win the division and clinch home-field advantage throughout the NFC playoffs. But according to NBC Sports’ Matt Maiocco, the NFL fined the 49ers’ QB $7,017 for the action.

The league views the act of throwing a football into the stands as a safety issue.

The football was eventually corralled by Matt Pinelli, a 19-year-old fan that admitted to shoving a Seahawks fan before securing the ball.

After the game, Garoppolo said he would gladly sign it for the 49ers fan and discussed what led to the action in the first place.

“I looked for the ref initially, but no one was around me,” the QB said. “So I was like … I’m just going to throw this thing.”

It was the final ball used in a regular-season game this decade, and in the first 100 years of the NFL.

The move won’t hurt his pockets too much, however, as last February, Garoppolo signed a five-year, $137.5 million extension with the 49ers. He also stands to take home some additional playoff bonuses depending on how San Francisco performs in the coming weeks. 

The No. 1 49ers are back in action Saturday against the No. 6 Vikings. Kickoff is set for 4:35 p.m. ET.

Texas QB Sam Ehlinger is returning to the Longhorns for his senior season.

Texas is back—or at least its starting quarterback Sam Ehlinger is. 

On Monday night, the Longhorns’ signal-caller took to social media to announced his decision to bypass the 2020 NFL draft and return to school for his senior season. 

“It’s been an amazing journey,” Ehlinger’s video announcement notes. “One more year. Chapter 4.”

Ehlinger, who received an evaluation from the College Advisory Committee, said before Texas’ appearance in the Alamo Bowl that he hadn’t thought about entering the NFL heading into this season. 

“I didn’t really even think about it. I wasn’t considering that at all. So I just feel extremely blessed that’s even a question that’s being talked about,” he said.

Head coach Tom Herman added before Texas’s bowl game that he “absolutely” expected Ehlinger to return to school. 

“He’s already gotten those results back, yeah,” Herman said. “But I do think he’s got a tremendous future at the next level. Again, I’ll say it as many times as I need to—he sees the game as good as any I’ve coached. Having coached some really good quarterbacks in my day, that’s certainly no slight on them, it’s a testimony to him and his intelligence, his toughness. That’s going to go a long way at the next level.”

Last week, Ehlinger took home offensive MVP honors in Texas’s 38–10 bowl victory over Utah. He finished the game completing 12 of 18 passing attempts for 201 yards and three touchdowns, while also knifing through the Utes defense for 73 rushing yards and another score.

In 2019, Ehlinger recorded the second most passing yards in a single-season in Texas history, throwing for 3,663 yards. His 8,870 three-year career passing yards total also ranks second behind Colt McCoy’s four-year total.

The Longhorns finished the 2019 season with an 8–5 record and, according to 247Sports, have the No. 10 recruiting class of 2020 coming into Austin.

One of two men charged with raping a teenage boy at New Hampshire’s youth detention center in the late ’90s went on to work as a clubhouse attendant for the Red Sox.

CONCORD, N.H. — One of two men charged with repeatedly raping a teenage boy at New Hampshire’s youth detention center in the late 1990s went on to work as a clubhouse attendant for the Boston Red Sox, who suspended him when the club learned of the allegations, the team told The Associated Press on Monday.

Stephen Murphy, of Danvers, Massachusetts, was charged in July with 26 counts of aggravated felonious assault. He and Jeffrey Buskey, of Boston, are accused of sexually assaulting and beating the boy at the Sununu Youth Services Center in Manchester, where they worked as youth counselors.

“When we learned of the allegations against Stephen Murphy involving events that occurred prior to his Red Sox employment, he was suspended without pay from his position. We will have no further comment going forward,” spokesman Kevin Gregg said in a statement to the AP.

It’s not the first time the Red Sox clubhouse has been linked to sex abuse. In 2002, retired Red Sox clubhouse manager Donald J. Fitzpatrick pleaded guilty in Florida to four counts of attempted sexual battery of boys younger than 12.

Rus Rilee, who is representing the New Hampshire accuser, has said his client endured “horrific abuse” at the hands of the former counselors. According to the indictments, Buskey — who faces 56 charges — is accused of sexually penetrating the teen and forcing him to engage in oral sex, including once at gunpoint. Several of the indictments also allege that Buskey hit the boy, punched him and threw him on a mattress.

Murphy’s attorney, Bruce Kenna, did not return a call seeking comment Monday. In July, he said his client doesn’t know the victim and denies the allegations or “anything like them regarding anybody no matter who the accuser might be or when it took place.”

In a 2010 interview with the Lowell Sun, Murphy said he was working as a special education teacher in Stoneham, Massachusetts, and as an assistant basketball coach at Woburn High School when he took the job with the Red Sox in 2007.

Murphy was listed as 50 years old in a July 2019 press release from the attorney general’s office, and Buskey was listed as 52.

“My client hopes that, in his role as clubhouse assistant, Mr. Murphy hasn’t had any unsupervised contact with any other adolescent boys,” Rilee said Monday.

Clubhouse attendants are responsible for everything from fetching takeout food for players to packing their bats and other equipment for road trips. The “clubbies” hang the day’s uniform in the lockers before the game and collect the dirty laundry afterward.

The alleged assaults in New Hampshire at what was then called the Youth Development Center happened between late October 1997 and late September 1998 while the teen was incarcerated, though several of the indictments against Buskey allege assaults happened at a private home.

The allegations prompted a broad investigation by the New Hampshire attorney general’s office into the Manchester center, which serves children ages 13 to 17 who have been ordered to a secure institutional setting by the juvenile justice system.

It once housed upward of 100 youths, but the daily census dropped from about 60 to under 30 in recent years when state law was changed to send only those accused or convicted of serious violent offenses to the center.

Twenty men have accused Fitzpatrick, the former Red Sox clubhouse manager, of sexually abusing them while he worked for the team from 1964 until 1991, when he resigned after a man held up a sign at a game in Anaheim, California, reading: “Donald Fitzpatrick Sexually Assaulted Me.”

Some of the abuse took place inside the Red Sox clubhouse at Fenway Park and at their spring training home, which was then in Winter Haven, Florida.

Fitzpatrick’s accusers have sued the Red Sox, seeking $100 million; the team settled with seven other victims in 2003. Fitzpatrick died in 2005 at the age of 76 while serving a 10-year suspended sentence in the Florida case.