In the News: Chris Deubert Discusses MLB CBA Enabling Player Lawsuits for Sports Business Journal 

Constangy attorney Chris Deubert authored an article for Sports Business Journal discussing recent lawsuits brought by MLB players in state and federal courts for conduct they argue collective-bargaining agreements do not cover.  

MLB and its clubs have struggled in cases related to players sustaining injuries due to field conditions they alleged have been negligently maintained. Similarly, in a previous matter concerning the NFL and NFLPA, a federal court awarded Reggie Bush $12.5 million for a knee injury that effectively ended his career due to a slip on concrete surrounding the field’s turf. 

“Yet among more important issues currently being negotiated (such as a proposed salary cap), MLB must ask itself whether changes need to be made to avoid future such claims,” said Chris. “It could work with the union to craft a set of mandatory field safety rules that, as in Patrick, could give MLB and its clubs a powerful argument that to evaluate a player’s negligence claim, they would have to interpret the collectively-bargained rules, and consequently such a claim is preempted.” 

“At the same time, MLB may have decided that retaining near unilateral control over field safety matters is more important than facing the occasional player tort lawsuit,” he said. 

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