Monthly Archives: January 2013

2013 Super Bowl: Advertisements Cost More than Kaepernick’s Net Worth

With the Super Bowl less than one week away, Kaepernick stars in the biggest television event of the year. How big? In 2012 more people watched the Super Bowl than voted in the previous presidential election. This year expectations are the same. UCLA economist Lee Ohanian  “The Super Bowl is recession proof. And it will be for the foreseeable future.”

url-300x225

49ers QB Collin Kaepernick

In fact, CBS sold out all advertising time for this year’s Super Bowl at $4 million per 30 seconds (up $500,000 from last year). And here’s the interesting comparison, Kaepernick cannot afford to buy an advertising slot for his own Super Bowl.

Yes it’s official, franchise QB Collin Kaepernick is the most underpaid player in all of sports. He is locked in the second year of a four-year contract worth $5.12 million. Even if Kaepernick wins the world championship, a feat too great for Hall of Fame QB Dan Marino, he still cannot renegotiate his contract, he’s stuck. ESPN analyst Adam Schefter:

Sixty minutes from a world championship, Kaepernick is finishing up Year Two of a four-year, $5.12 million deal that is worth more than $3 million less in full than what Mark Sanchez will make from the New York Jets next season.

Yet Kaepernick has no out. He is locked into the deal until after the 2013 season.

Now I’m not one to argue that a millionaire deserves more money, but this is absurd. His contract deal with the 49ers, similar to QB Russel Wilson’s $2.99 million 4 year contract, is criminal. With the slew of rookie Qb’s becoming franchise players; agents must negotiate opt out clauses or performance based bonus’s within their client’s contract because it is equitable. And maybe the players and owners should look to revamp the CBA (collective bargaining agreement) to reward players whose existing contract is so substantially surpassed by their herculean performance.

Because when you earn the ring, you deserve the bling. 

Readers Suing Lance Armstrong for “Autobiographies”

Suit needs more plaintiffs to meet federal court’s diversity jurisdiction requirement of over $75,000 in damages.

 Did you buy either of Armstrong’s books “It’s Not About the Bike” (2000) or “Every Second Counts” (2003)?

Then join the bandwagon of lawsuits consumers are filing against Armstrong and his publishers for: fraud, false advertising, and other wrongdoing for publishing denials that he never cheated.

Every-Second-Counts-By-Lance-Armstrong-198x300

The complaint filed in Sacramento federal court, under Diversity Jurisdiction (28 U.S.C. §1332), alleges Armstrong tricked his audience to believe his books were truthful accomplishments done without cheating.

Because the complaint was filed in federal court under 28 U.S.C. §1332, the plaintiff (wronged consumers) must ask in good faith for compensation of no less than $75,000 and one cent. It would not be good faith for one consumer to ask such high damages individually and thus this suit is a class action. A class action filed under §1332 will take all of the plaintiffs individually, add their damages, and the summation must reach over the $75,000 and one cent. But will it?

It is reasonable to ask for damages spent on the book, but no more than that. Maybe $20 per book at the most. Thus, assuming everybody bought one $20 book the court would require 3,751 plaintiffs to reach the $75.01K threshold.

Similar Cases…

In 2006, James Frey, author of “A Million Little Pieces” settled a class action lawsuit for fraud by offering refunds for the cost of the memoir.

On the other side, in April of 2012 a federal judge in Montana denied a complaint for fraud against author Greg Mortenson of “Three Cups of Tea” as imprecise, flimsy and speculative.

Conclusion

The Armstrong scandal is on a global stage, affected millions, and thus sets it apart. Retribution is coming, just find your receipt!

To Fix Lakers, Kobe Says “Trade Everyone”

At an abismal 17-24 the Lakers fans might as well give up because the players already have. Except for one-Kobe Bryant-who is having the best season of his 17 year career averaging 29.2 points per game. So what does Kobe think? TRADE EVERYONE!

395563_573580389337156_260458165_n-300x228

So why don’t the Lakers trade everyone?   The Lakers pay a hefty $130 million dollars to lose. Lakers owner Jerry Buss has to be wondering why pay anything to lose, heck losing is free!

One way to cut costs, get rid of Pau Gasol! Who makes almost $40 million over the  next two seasons.

This year Gasol averages a sad 12 points per game, 8 rebounds per game, and 3.7 assists per game. These numbers are not worth $19 million per year, not even close. Furthermore his lack of performance brings the rest of the team down. He is lazy on the court, which is why I deem him The Spanish Curse!

Trading Pau is not a new idea and the Lakers haven’t done it because he is “undervalued” by other teams. Well I challenge that notion and say he is valued right where he should be.

So don’t take Kobe’s advice and trade everybody, because there is still a ton of talent on the team. Just trade Pau-for lack of effort and for taking too many Barcelona Siestas while on the court.

Falcons Fan Stabbed in the Neck! Legal Implications.

Following the 24-28 49ers victory over the Falcons, witnesses claim a Falcons fan punched a 49ers fan who then stabbed the Falcons fan in the neck. The fan was rushed to the hospital and his status is currently unknown.

Will the fan take legal action?

If he does it is likely he will charge the other fan with Attempted Murder. To prove attempted murder the following two elements must be met beyond a reasonable doubt:

1) that you took at least one direct (but ineffective) step towards killing another person, and

2) that you intended to kill that person.

Is there a legal defense?

The 49ers fan will likely claim Self Defense, because the Falcons fan punched him prior to the stabbing. Self Defense allows you to use reasonable force to defend yourself or another person if you reasonably believe that you or that other person is about to suffer imminent bodily harm. Here the underlying question is whether or not the neck stabbing was a reasonable force. In my opinion it is unlikely for a court to determine the stabbing was a reasonable response to a punch. However if the court determines that the punch was so great it could be defined as deadly force-and in that case the neck stabbing would be an appropriate counter force to constitute self defense.

Predicted Result?

The 49ers fan may likely be charged with attempted murder without an appropriate claim to self defense, since a stabbing to the neck was deadly force compared to the initial punch which was not. The sentence could vary from 1 year in jail to a life sentence, I suppose time will tell. Regardless I think these 49ers fans need to calm down, especially after earning a trip to the Super Bowl.

Enjoy this youtube clip of a 49ers fan beating up a Giants fan in 2012

“To be honest, we’ve sued so many people”

One of the most memorable quotes from Lance Armstrong’s “tell all” interview with Oprah.

This past Thursday Armstrong went public and reluctantly admitted to the world that he doped during all seven of his Tour De France victories. For the once champion it was a tough pill to swallow coming around to the truth. There is no doubt he is a competitor and in keeping this haunted secret he fought to the death.

Over the past decade Armstrong faced numerous allegations about his doping from former teammates, doctors, and competitors. And in a frenzy he responded with a fierce confidence, and sued more people than he can even count. With a strong legal team backing him it is not surprising he was so successful. As the saying goes, the best defense is a strong offense.

How many lawsuits did Armstrong file against the innocent?

Armstrong isn’t even sure. However, in 2006 the Associated Press reported Lance Armstrong saying “I think we’re 10-0 in lawsuits right now.” Including a $7.5 million dollar settlement against an insurance company, a libel case against Britain’s Sunday Times newspaper which settled for $500K, and a $5 million arbitration settlement against SCA insurance company. We can be confident many more were filed, since Armstrong can’t even recall all of them.

Will there be justice?

As of today the bbc reported SCA Insurance will be looking to recover the lost $5 million with interest, asking for $12 million. If not recovered they will pursue litigation. It is uncertain if the other lawsuits will follow, most likely dependent on the statute of limitations within the jurisdiction.

But for me…I cannot wait to see the suits taken against Armstrong in the quest for justice.