Connect with us

Sports Radio News

Legal Experts: Casey Close Has To Prove He Is A Private Figure In Doug Gottlieb Lawsuit

“There is no easy answer to the question of whether or not Casey Close or Excel Sports Management are actually private figures.”

Published

on

Baseball agent Casey Close has filed a federal libel suit against FOX Sports Radio host Doug Gottlieb after Gottlieb reported that Close never presented the Atlanta Braves’ final offer to Freddie Freeman, who was Close’s client at the time.

Bill Shea of The Athletic talked to two experts to get an idea of what we can expect from the case. Many of them agreed that the outcome could hinge on whether or not Casey Close and his agency are private or public figures.

The legal filing states that Close and his company Excel Sports Management are private figures. If the court agrees, libel would be much easier to prove.

“Courts generally look to the defendant to show that the plaintiff is a public figure,” said Len Niehoff, a University of Michigan law school professor who specializes in First Amendment and media law. 

There is no easy answer to the question of whether or not Casey Close or Excel Sports Management are actually private figures. Close is often described as the former agent and personal friend of Derek Jeter. Certainly there is a familiarity with him and his clients.

Niehoff said it is possible that Close could be viewed as a “limited public figure” in this case.

“General purpose public figures are people whose profile is so high that the public cares whenever they talk about pretty much anything. Oprah might be an example. Limited purpose public figures are people who have voluntarily thrust themselves into a particular controversy. These days, when so many people have such a strong presence in social media and on the internet generally, we probably have more public figures than we’ve ever had.”

It will be up to the defense to prove that Casey Close is not a private figure.

Dan Lust, a veteran sports attorney in New York, said that the discovery phase of the case will be as interesting as anything we have seen in the sports law realm. However, he would be surprised if we get there.

“Almost every single case is going to settle before you get to trial,” he said.

Lust and Niehoff agree that it is too early to tell what strategy Gottlieb’s legal team may employ in his defense. Lust noted that if Gottlieb’s report can be proven true though, none of those options matter.

“Under New York law, it is well-settled that ‘truth is an absolute, unqualified defense to a civil defamation action,’” he told Shea. “If what Gottlieb said turns out to be true, he successfully defends (the case).”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published.

Sports Radio News

Toucher and Rich: Dennis Eckersley’s Retirement a “Huge Loss”

“When Eckersley got in there (the booth),” Shertenlieb started, “he was great. It made all of them better when Dennis Eckersley was around. It’s going to be a huge loss.”

Published

on

Dennis Eckersley

On Monday, Dennis Eckersley announced that he was going to retire from the Boston Red Sox television booth at the end of this season. The current NESN analyst is leaving after twenty years on the air with the team.

The news broke during Toucher and Rich on 98.5 the Sports Hub and it gave show co-host Rich Shertenlieb a chance to mention the news and praise the departing personality.

“When Eckersley got in there (the booth),” Shertenlieb started, “he was great. It made all of them better when Dennis Eckersley was around. It’s going to be a huge loss.”

The show spent the rest of the segment talking about what Eckersley offered that made him so unique. That’s when Matt McCarthy, fill-in for Fred Toucher, said that Eckersley was exactly what you wanted in an analyst.

“You want someone that’s going to give you an opinion,” McCarthy said. “Eck gave you an opinion. He’ll be missed.”

McCarthy also pointed out that this is the latest major shakeup that has happened to the television broadcast in recent years.

“There’s no doubt this is a blow,” McCarthy added. “This is a tremendous loss to that Red Sox broadcast to which has taken a lot of hits over the years with the loss of Jerry Remy, the decision to move on from Don Orsillo and now Dennis Eckersley retiring… they are going to have to find an entertainer in there. Matt McCarthy

Continue Reading

Sports Radio News

The Musers Mock Jim Nantz’s Farewell To Nick Faldo

“I’m telling you, Jim, he made it worse with his funeral director voice,” said co-host George Dunham.

Published

on

Nick Faldo

On Sunday, CBS Golf analyst Nick Faldo called his final tournament with CBS after sixteen years with the network. He was poised in the tower above the 18th green with Jim Nantz as he said his final goodbyes. It was an emotional moment that The Musers on The Ticket in Dallas had to comment on.

In the message, Faldo clearly has an issue getting thru the moment while Nantz tries to comfort his friend and buy him some time to regain his composure. However, The Musers thought it wasn’t helpful at all.

“I’m telling you, Jim, he made it worse with his funeral director voice,” said co-host George Dunham. “It sounded like he was going to say, ‘now, it’s time to send you to your happy place’. When he said that and when Nick said, in tears, ‘I’m ready,’ that made it sound like Jim was putting him to sleep.”

“(Australian accent) Go ahead and smother me, Jim,” Gordon Keith quipped, “go ahead and take that pillow over there and choke me out right now.”

“Nick are you ready for us to unplug the life support machine?” asked Dunham.

“Yeah, kick that thing right out the wall, mate.”

Dunham would later say, “I don’t think that any famous broadcaster has ever signed off in tears, proclaiming ‘I’m ready, I’m ready'”.

Continue Reading

Sports Radio News

Keyshawn Johnson: ‘I Don’t Like Sunday Night Baseball Putting Mics on Players’

“I’ve got an IFB in my ear and I’m trying to pay attention to the game and I’ve got air traffic control talking to me. There’s no way you can tell me that doesn’t affect you.”

Published

on

Most people seem to really like Sunday Night Baseball adding mics to players in the field this season. Fans and critics alike have commended ESPN for giving fans access that they have never had before. But don’t expect Keyshawn Johnson to join that praise chorus anytime soon.

“I don’t like the interaction with broadcast teams talking to players during the game, in the field,” he said on Monday morning’s edition of Keyshawn, JWill and Max.

The ESPN Radio morning man is convinced that eventually, the in-game conversations are going to cause a costly error.

Freddie Coleman, who was filling in for both Jay Williams and Max Kellerman, played a clip from Sunday night’s game for Johnson. In the clip, listeners could hear the Padres’ newly acquired slugger Juan Soto pleading with a ball hit by Cody Bellinger to stay in the park during the team’s 0-4 shutout loss to the Dodgers.

“I don’t like that as a player,” Johnson said. “I know the fans love it.”

He said that when he sees players mic’d up and answering a question during the game, he is constantly worried about how it will affect what happens on the field. He said he felt some empathy for the fielder on the mic once the ball is put into play, because if it comes that fielder’s way and he is distracted, the instant reaction from the crowd will be to question the player’s effort or ability rather than ask if the distraction is worth it.

Coleman pointed out that there is some very famous video of Keyshawn Johnson during his playing career mic’d up on the sidelines. Johnson defended NFL Films, saying that getting live sound of a game is very different than what Major League Baseball is making players do.

“That’s different than interacting with Karl Ravech and company in the booth. I’ve got an IFB in my ear and I’m trying to pay attention to the game and I’ve got air traffic control talking to me. There’s no way you can tell me that doesn’t affect you.”

The closing months of the regular season as playoff races start to take shape are not the ideal times for networks to be having conversations with guys in the middle of the field. That doesn’t mean it is never good content. Keyshawn Johnson said that as a viewer, he would welcome in-game interviews during Spring Training and the All-Star Game. He just has trouble believing players are happy to participate.

“It’s cool. I’m not mad that it’s being done. I just wouldn’t like it as a player,” he said.

Continue Reading
Advertisement

Barrett Media Writers

Copyright © 2021 Barrett Media.