USATF Lawsuit, anyone keeping score here?
Pro News/Info/Results
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NeverForget wrote:
It sounds like you've been keeping score. Can you give us an update and summarize what is in the link?
One of our goals on letsrun is save people time and to educate people. So if you have done the reseach and are an expert on it, please share your wisdom.
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Did World Athletics and AIPs sue USATF over the 2022 Eugene flop?
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rojo wrote:
NeverForget wrote:
It sounds like you've been keeping score. Can you give us an update and summarize what is in the link?
One of our goals on letsrun is save people time and to educate people. So if you have done the reseach and are an expert on it, please share your wisdom.
LOL
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Thanks OP for the tip, I have been checking the system periodically for updates but got busy with Worlds.
The latest filings include the USOPC's summary of their finding regarding the Chattanooga bid, which are interesting, I posted it with a summary to Facebook.80 -
[SUPREME] Taliyah Brooks v. USA Track & Field, Inc., No. 25S-PL-00103
Brooks signed USA Track & Field’s (USATF) waiver and indemnity agreement to participate in the 2020 Olympic Trials, where she alleges she was injured by excessive heat. She then filed an action against USATF seeking a declaratory judgment that the agreement was unenforceable before she sued USATF for negligence. On cross-motions for summary judgment, the Marion Superior Court granted USATF’s motion and denied Brooks’s motion. Brooks then moved to amend her complaint, which the court denied. The Court of Appeals affirmed summary judgment for USATF, but a split panel reversed the denial of Brooks’s motion to amend. Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.
Kroger Gardis & Regas, LLP sports lawyer Bill Bock will present oral argument before the Indiana Supreme Court today at 9:00 a.m. in the case of Taliyah Brooks v. USA Track & Field (USATF). The hearing will take place in the Supreme Courtroom at the Indiana State Capitol Building.
Brooks, an elite U.S. heptathlete, is suing USATF for failing to protect athletes from extreme heat conditions during the 2021 U.S. Olympic Trials, where she collapsed from heat exhaustion during competition. The lawsuit alleges that USATF acted negligently by continuing the event despite dangerous weather conditions and failed to implement adequate safety protocols to protect competitors’ health.
Brooks was hospitalized due to heat stroke and was unable to complete the Olympic Trials—losing her opportunity to qualify for the Tokyo Olympic Games.
“This case raises critical questions about the legal duty of sports governing bodies to prioritize athlete safety,” said Bock, a nationally recognized sports law attorney and former General Counsel to the U.S. Anti-Doping Agency. “The outcome of this case could set a precedent for athlete protections across the country.80 -
Podcast in 2021 wrote:
[SUPREME] Taliyah Brooks v. USA Track & Field, Inc., No. 25S-PL-00103
Brooks signed USA Track & Field’s (USATF) waiver and indemnity agreement to participate in the 2020 Olympic Trials, where she alleges she was injured by excessive heat. She then filed an action against USATF seeking a declaratory judgment that the agreement was unenforceable before she sued USATF for negligence. On cross-motions for summary judgment, the Marion Superior Court granted USATF’s motion and denied Brooks’s motion. Brooks then moved to amend her complaint, which the court denied. The Court of Appeals affirmed summary judgment for USATF, but a split panel reversed the denial of Brooks’s motion to amend. Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.
Kroger Gardis & Regas, LLP sports lawyer Bill Bock will present oral argument before the Indiana Supreme Court today at 9:00 a.m. in the case of Taliyah Brooks v. USA Track & Field (USATF). The hearing will take place in the Supreme Courtroom at the Indiana State Capitol Building.
Brooks, an elite U.S. heptathlete, is suing USATF for failing to protect athletes from extreme heat conditions during the 2021 U.S. Olympic Trials, where she collapsed from heat exhaustion during competition. The lawsuit alleges that USATF acted negligently by continuing the event despite dangerous weather conditions and failed to implement adequate safety protocols to protect competitors’ health.
Brooks was hospitalized due to heat stroke and was unable to complete the Olympic Trials—losing her opportunity to qualify for the Tokyo Olympic Games.
“This case raises critical questions about the legal duty of sports governing bodies to prioritize athlete safety,” said Bock, a nationally recognized sports law attorney and former General Counsel to the U.S. Anti-Doping Agency. “The outcome of this case could set a precedent for athlete protections across the country.Oral arguments were in June, I don't see an opinion posted yet...
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Podcast in 2021 wrote:
[SUPREME] Taliyah Brooks v. USA Track & Field, Inc., No. 25S-PL-00103
Brooks signed USA Track & Field’s (USATF) waiver and indemnity agreement to participate in the 2020 Olympic Trials, where she alleges she was injured by excessive heat. She then filed an action against USATF seeking a declaratory judgment that the agreement was unenforceable before she sued USATF for negligence. On cross-motions for summary judgment, the Marion Superior Court granted USATF’s motion and denied Brooks’s motion. Brooks then moved to amend her complaint, which the court denied. The Court of Appeals affirmed summary judgment for USATF, but a split panel reversed the denial of Brooks’s motion to amend. Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.
Kroger Gardis & Regas, LLP sports lawyer Bill Bock will present oral argument before the Indiana Supreme Court today at 9:00 a.m. in the case of Taliyah Brooks v. USA Track & Field (USATF). The hearing will take place in the Supreme Courtroom at the Indiana State Capitol Building.
Brooks, an elite U.S. heptathlete, is suing USATF for failing to protect athletes from extreme heat conditions during the 2021 U.S. Olympic Trials, where she collapsed from heat exhaustion during competition. The lawsuit alleges that USATF acted negligently by continuing the event despite dangerous weather conditions and failed to implement adequate safety protocols to protect competitors’ health.
Brooks was hospitalized due to heat stroke and was unable to complete the Olympic Trials—losing her opportunity to qualify for the Tokyo Olympic Games.
“This case raises critical questions about the legal duty of sports governing bodies to prioritize athlete safety,” said Bock, a nationally recognized sports law attorney and former General Counsel to the U.S. Anti-Doping Agency. “The outcome of this case could set a precedent for athlete protections across the country.well that’s interesting. Bill Bock is the former general counsel for USADA.
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Podcast in 2021 wrote:
[SUPREME] Taliyah Brooks v. USA Track & Field, Inc., No. 25S-PL-00103
Brooks signed USA Track & Field’s (USATF) waiver and indemnity agreement to participate in the 2020 Olympic Trials, where she alleges she was injured by excessive heat. She then filed an action against USATF seeking a declaratory judgment that the agreement was unenforceable before she sued USATF for negligence. On cross-motions for summary judgment, the Marion Superior Court granted USATF’s motion and denied Brooks’s motion. Brooks then moved to amend her complaint, which the court denied. The Court of Appeals affirmed summary judgment for USATF, but a split panel reversed the denial of Brooks’s motion to amend. Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.
Kroger Gardis & Regas, LLP sports lawyer Bill Bock will present oral argument before the Indiana Supreme Court today at 9:00 a.m. in the case of Taliyah Brooks v. USA Track & Field (USATF). The hearing will take place in the Supreme Courtroom at the Indiana State Capitol Building.
Brooks, an elite U.S. heptathlete, is suing USATF for failing to protect athletes from extreme heat conditions during the 2021 U.S. Olympic Trials, where she collapsed from heat exhaustion during competition. The lawsuit alleges that USATF acted negligently by continuing the event despite dangerous weather conditions and failed to implement adequate safety protocols to protect competitors’ health.
Brooks was hospitalized due to heat stroke and was unable to complete the Olympic Trials—losing her opportunity to qualify for the Tokyo Olympic Games.
“This case raises critical questions about the legal duty of sports governing bodies to prioritize athlete safety,” said Bock, a nationally recognized sports law attorney and former General Counsel to the U.S. Anti-Doping Agency. “The outcome of this case could set a precedent for athlete protections across the country.I am not a lawyer, and what follows is an attempt to translate legalese into plain english, not an interpretation by someone who has the expertise in this area of law...
The facts of the case are:
* Taliyah Brooks signed a waiver, a legal document in which she agreed not to sue USATF for damages she experienced while participating at a USATF sponsored event, before competing in the 2020 Olympic Trials.
* She collapsed from heat exhaustion at the event and needed to be hospitalized due to excessive heat.
* Because she was not able to compete, she was unable to qualify for the Olympics, which means she is making the case that she has suffered harm (which could be emotional and/or financial) as a result of USATF's decision to hold the meet despite excessive heat.
The question before the Court, most likely is:
Is the waiver enforceable? Does a competitior assume the risk, or is the governing body at fault because they failed to take adequate protections that ensure athlete safety?
She claims the waiver is unenforceable. USATF is arguing that it protects them from legal liability.
You can download a USATF waiver (not necessarily the one in question, but likely similar) here:
Section 2 of the above waiver reads:
Section 2??? It's Section 80, man...Hiiiii-power!!! wrote:
I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently
dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation
in the Event and sports of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease (including
communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances;
contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track
conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control
of the Event Organizers (as defined in Section 4 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand
that these Risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, and I
hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event,
except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).Section 4 is an agreement not to sue.
A "declarative judgment" defines the relationship between the parties in a legal matter. Here, it answers the question, "Does the party bringing the matter before the Court have a right to sue?" Good question, as USATF has a signed waiver. The waiver does not settle the question. A judge has to determine that. Brooks is claiming that the waiver is unenforceable.
"Summary judgment" resolves the case. It answers the legal question at hand.
This is where it gets tricky. USATF appears to have won the early rounds, it appears that Brook's motion for declaratory judgment (which would buttress a lawsuit) was denied. Both parties then filed for summary judgment. USATF. USATF's motion was granted, Brooks' wad not. Brooks then apparently filed a motion to amend her complaint, which was not granted. So Brooks appealed.
The case then moved to the Court of Appeals, which affirmed (or upheld) USATF's motion for summary judgment and then overturned Brooks' denied motion to amend her complaint, meaning she is permitted to alter her argument and bring the matter before the Court in grounds other than "the waiver is unenforceable. Looks like she has a better argument with "gross negligence," because that term is actually excluded from the risks you assume in section 2 of the waiver above.
The matter will now be heard by the Indiana Supreme Court. Appeals Court ruling is here:
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Billbovkackman wrote:
well that’s interesting. Bill Bock is the former general counsel for USADA.
And he left USADA to help Trump try to overturn the election, I feel like that doesn't get talked about enough.
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polevaultpower wrote:
Billbovkackman wrote:
well that’s interesting. Bill Bock is the former general counsel for USADA.
And he left USADA to help Trump try to overturn the election, I feel like that doesn't get talked about enough.
Wait... what the fu(k?
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JustMe22 wrote:
Podcast in 2021 wrote:
[SUPREME] Taliyah Brooks v. USA Track & Field, Inc., No. 25S-PL-00103
Brooks signed USA Track & Field’s (USATF) waiver and indemnity agreement to participate in the 2020 Olympic Trials, where she alleges she was injured by excessive heat. She then filed an action against USATF seeking a declaratory judgment that the agreement was unenforceable before she sued USATF for negligence. On cross-motions for summary judgment, the Marion Superior Court granted USATF’s motion and denied Brooks’s motion. Brooks then moved to amend her complaint, which the court denied. The Court of Appeals affirmed summary judgment for USATF, but a split panel reversed the denial of Brooks’s motion to amend. Brooks v. USA Track & Field, Inc., 247 N.E.3d 1 (Ind. Ct. App. 2024), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.
Kroger Gardis & Regas, LLP sports lawyer Bill Bock will present oral argument before the Indiana Supreme Court today at 9:00 a.m. in the case of Taliyah Brooks v. USA Track & Field (USATF). The hearing will take place in the Supreme Courtroom at the Indiana State Capitol Building.
Brooks, an elite U.S. heptathlete, is suing USATF for failing to protect athletes from extreme heat conditions during the 2021 U.S. Olympic Trials, where she collapsed from heat exhaustion during competition. The lawsuit alleges that USATF acted negligently by continuing the event despite dangerous weather conditions and failed to implement adequate safety protocols to protect competitors’ health.
Brooks was hospitalized due to heat stroke and was unable to complete the Olympic Trials—losing her opportunity to qualify for the Tokyo Olympic Games.
“This case raises critical questions about the legal duty of sports governing bodies to prioritize athlete safety,” said Bock, a nationally recognized sports law attorney and former General Counsel to the U.S. Anti-Doping Agency. “The outcome of this case could set a precedent for athlete protections across the country.I am not a lawyer, and what follows is an attempt to translate legalese into plain english, not an interpretation by someone who has the expertise in this area of law...
The facts of the case are:
* Taliyah Brooks signed a waiver, a legal document in which she agreed not to sue USATF for damages she experienced while participating at a USATF sponsored event, before competing in the 2020 Olympic Trials.
* She collapsed from heat exhaustion at the event and needed to be hospitalized due to excessive heat.
* Because she was not able to compete, she was unable to qualify for the Olympics, which means she is making the case that she has suffered harm (which could be emotional and/or financial) as a result of USATF's decision to hold the meet despite excessive heat.
The question before the Court, most likely is:
Is the waiver enforceable? Does a competitior assume the risk, or is the governing body at fault because they failed to take adequate protections that ensure athlete safety?
She claims the waiver is unenforceable. USATF is arguing that it protects them from legal liability.
You can download a USATF waiver (not necessarily the one in question, but likely similar) here:
Section 2 of the above waiver reads:
Section 2??? It's Section 80, man...Hiiiii-power!!! wrote:
I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently
dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation
in the Event and sports of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease (including
communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances;
contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track
conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control
of the Event Organizers (as defined in Section 4 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand
that these Risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, and I
hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event,
except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).Section 4 is an agreement not to sue.
A "declarative judgment" defines the relationship between the parties in a legal matter. Here, it answers the question, "Does the party bringing the matter before the Court have a right to sue?" Good question, as USATF has a signed waiver. The waiver does not settle the question. A judge has to determine that. Brooks is claiming that the waiver is unenforceable.
"Summary judgment" resolves the case. It answers the legal question at hand.
This is where it gets tricky. USATF appears to have won the early rounds, it appears that Brook's motion for declaratory judgment (which would buttress a lawsuit) was denied. Both parties then filed for summary judgment. USATF. USATF's motion was granted, Brooks' wad not. Brooks then apparently filed a motion to amend her complaint, which was not granted. So Brooks appealed.
The case then moved to the Court of Appeals, which affirmed (or upheld) USATF's motion for summary judgment and then overturned Brooks' denied motion to amend her complaint, meaning she is permitted to alter her argument and bring the matter before the Court in grounds other than "the waiver is unenforceable. Looks like she has a better argument with "gross negligence," because that term is actually excluded from the risks you assume in section 2 of the waiver above.
The matter will now be heard by the Indiana Supreme Court. Appeals Court ruling is here:
I'm not a lawyer either, but my understanding is that a waiver is not a blanket indemnification. Waivers are always limited. If there was some kind of unusual, unreasonable or unexpected circumstance, such as USATF making a competitor or competitors stand outside in the hot sun for lengthy periods of time before events, or pointing some competitors to cooling stations but not others, then she might have a case.
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