Our client, Peter LaFleur (“Lafleur”) has been sued for breach of contract. The lawsuit was filed by Perfect Diamond Baseball Academy (“PDBA”) on the ground that LaFleur violated a Noncompetition Agreement that he signed in his employment contract by opening a competing baseball facility after he was terminated. PDBA claims the opening of LaFleur’s business is detrimental to the future success of PDBA. LaFleur is currently a resident of Tallahassee, Florida, and was a student-athlete at the University of Rhode Island, where he graduated in 1999. He received a Bachelor of Science Degree in Nutrition and Dietetics, and played third base for the school’s baseball team. After LaFleur graduated, he was drafted as a shortstop by the Tampa Bay Thunder …show more content…
(“Thunder”), a “Double-A” Minor-League baseball team in Florida, which he played for from 1999 until 2005. After his playing career, LaFleur accepted a position with the Florida Gators as a hitting coach. LaFleur had great success with the Gators, but he eventually decided to settle down and search for another job within the baseball profession. In the spring of 2012, LaFleur contacted Lucy Wilde, who had been the president of PDBA since its opening in 1990. PDBA is a baseball training facility located in Miami Springs, Florida, primarily servicing Division 1 and Division 2 college baseball players who reside in Florida. LaFleur was called in for an interview, and Wilde offered him a position as a hitting and fielding coach at the facility, because she was impressed with his prior achievements and credentials. Wilde told LaFleur that PDBA provided trainers with a commission of twenty percent of all profits obtained from services provided to a player referred by a trainer. Although recruitment was not a requisite for continued employment, it provided LaFleur with an incentive to bring in players he had worked with on the Florida Gators team. On March 17, LaFleur executed a Noncompetition Agreement which prohibited him from competing with PDBA by opening a similar facility, and soliciting or servicing current or former clients of PDBA in Florida for a period of twenty-four months after his termination. After LaFleur was hired by PDBA, he was required to complete the company’s ten-day training session.
During the first portion of the session, new trainers are instructed in the areas of hitting, pitching, and fielding, as well as being exposed to specific training on how to avoid over-use injuries commonly sustained by pitchers. In order to provide this training to new employees, PDBA collaborates with skilled physicians who provide new research and insight in the areas of strength and conditioning while refraining from the use of performance enhancing drugs. Since LaFleur was never a pitcher during his playing career, he found the physicians’ research and techniques to be informative and beneficial. Additionally, the second portion of PDBA’s required employee training deals with marketing techniques designed to teach new trainers how to develop client lists and actively recruit potential clients. During this segment of the program, trainers are primarily instructed on how to use the phone, email, and new methods of social media to garner new clients. It is during this portion of the training that PDBA consistently reminds new trainers of the potential commission that could be earned by recruiting new clients to the facility. In addition to in-house marketing training, PDBA also required and paid for new trainers to attend the Florida Athletic Conference (“FAC”) baseball conference. During the FAC conference, LaFleur was exposed to new baseball products, training techniques, and new computer-related training products. PDBA required their employees to attend the FAC convention because all of the major baseball companies attended the event. Furthermore, various college players from the Florida area regularly attend the annual event, so PDBA views this convention as a valuable opportunity to solicit potential clients. LaFleur attended many seminars similar to the FAC, but only brought in one client, Carmen Phillips, during his tenure at
PDBA. Due to the competitive nature of PDBA’s business, they decided to expand their facilities in 2013 hoping to appeal to more potential clients. However, this endeavor did not produce the results PDBA had been looking for, and they suffered a major decrease in profits for the 2013-2014 fiscal year. As a result, PDBA was forced to downsize and lay off some of its employees. LaFleur was let go on May 15, because he was PDBA’s newest hire. LaFleur proceeded to open Grand Slam Training Facility (“Grand Slam”) in Bainbridge, Georgia, where he planned to work with baseball players of various skill levels. When LaFleur’s former clients became aware of Grand Slam, they contacted him insisting that he continue to train them. LaFleur declined all of his former clients except Gerald Johanson, a close friend from his employment at the University of Florida, because he did not want to violate the Noncompetition Agreement that he had executed in his employment contract with PDBA. In addition, Carmen Phillips reached out to LaFleur, but LaFleur told Phillips that he could not train him at Grand Slam because he would breach his Noncompetition Agreement with PDBA. Nevertheless, LaFleur set up a tour of Grand Slam for Phillips. Shortly after LaFleur opened Grand Slam, he received a phone call from PDBA’s attorney who threatened to file an action to enforce the Noncompetition Agreement. LaFleur was then served with a civil complaint which was filed in Florida Superior Court. PDBA filed a motion for temporary injunction seeking to enjoin LaFleur from operating Grand Slam. PDBA also seeks monetary damages, attorney’s fees, and costs and expenses to be determined at trial.
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do justice” (Courtroom 302, 59). As a judge, Locallo seems to express three different personalities, which tend to change depending on the current case at hand. His personalities are being compassionate judge, being an understanding judge, or being a hard-nose tough judge. Each of these personalities are not only determined by the case, but also by whether Locallo will profit on the long run; whether or not he will get reelected as a circuit judge at the end of his term.
In 1974, Brooker T. Hillery Jr., John Larry Spain, Bobby Bly, and Michael Shane Guile, four Californian prison inmates, and Eve Pell, Betty Segal, and Paul Jacobs, three journalists, filed a lawsuit against Raymond K. Procunier, the Director of the California Department of Corrections. The suit was filed in regards to the constitutionality of the California Department of Corrections Manual Regulation 415.071. The manual regulated that the press and media could not specify particular inmates to be interviewed. However, the regulation did allow random inmates to be interviewed by the media. This regulation was passed following a brutal prison incident that officers believed was the result of allowing specified prisoner and press interviews. The
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
Carrollton Police Officer Thomas Popescu advised his supervisors that he injured his leg, falling in the parking lot while coming on duty. He took three paid sick leave days. He submitted his medical bills to his insurance carrier; later became aware that the City paid his medical bills under its workers' compensation plan. He did not filed a compensation claim.
Performance enhancing drugs have been a longstanding problem in sports. It not only deteriorates the honesty of the game, but also can have broader social affects that one may not even realize. The use of performance enhancing drugs is especially apparent in Major League Baseball. This problem can be traced back to the 1980’s when baseball was facing one of its first “dark periods”. During the 1980’s Major League Baseball was experiencing a home run drought. Home run totals were down as far as they had been since Babe Ruth, and fans were seemingly becoming bored with the sport. The lack of home runs was a growing concern for players whose salary relied on home run totals. Players needed to find a quick way to boost their power and performance in order to keep the sport alive and to keep bringing in their paychecks. This desire for fame and fortune introduced steroids into Major League Baseball in the 1990’s and 2000’s. Home run totals jumped tremendously during these decades and players were willing to risk being caught using illegal substances in order to shine above the rest. New idols and role models started to sprout up from these outstanding home run statistics and young children started to take notice. This all came tumbling down when these new idols and role models who were making the big bucks and hitting the ball out of the park tested positive for performance enhancing drugs. Here lie the affects of a growing social problem in sports. These famed athletes become walking advertisements and promotions for the use of performance enhancing drugs in sports. The influence professional athletes have over aspiring young athletes is very powerful and these roles models make it seem acceptable to use performance ...
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
Many Dominicans dream to make it to the big leagues to break free from the inevitable poverty of their country. The road is long and requires many stops, such as training academies and the minor leagues, in order to reach Major League Baseball. While very few will reach the pinnacle, signing a contract with the training academies or minor leagues in itself provides a higher
Through college Eric Davis was a baseball player who was forever looking for a way to improve his pitch, or how he could train better for longer without consequences to his body. “I was constantly looking for new ways to improve my body, or the way I did things. I was always interested in finding how much I could do without causing injury.” (Davis)
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
The MLB arguably has conveyed a series of mixed messages with regard to its players and their use of steroids. On the one hand, the League apparently cooperates with lawmakers on the issue of regulating drug use among its players; on the other, some of the best athletes in the MLB are suspected of drug use and yet continue to be marketed and revered. Examples of drugs used by MLB stars have included: Anavar, Andriol, Clomid, Depo-Testosterone, Insulin, Stanozolol, and Testosterone1. These drugs are steroids, typically prescribed by medical professionals to patients fighting specific disorders (such as low testosterone or infertility) or provide relief for immense pain or other severe symptoms; they are used “off-label” by athletes for increa...
Baseball is a part of the past, present and future. Unfortunately for two unlucky teams, the future is as bleak as the cold January mornings in State College. Ever since the “Strike of 1993,” baseball has been financially hurting. What fan wants to go and watch a bunch of greedy, overpaid, crybaby million dollar athletes after they decided not to play as a demonstration of their demands for even more money? However, baseball was soon on the proverbial road to recovery as the...
A resolution of the Democratic Party of Texas, a group that the Texas Supreme Court had deemed a "voluntary association," allowed only whites to participate in Democratic primary elections. S.S. Allwright was a county election official; he denied Lonnie E. Smith, a black man, the right to vote in the 1940 Texas Democratic primary.
The field of athletic training is one of the fastest expanding careers today. This could be due to the much greater demand for health care providers. Athletic trainers specialize in preventing, diagnosing, and treating muscle and bone injuries. They work with a diverse group of patients, from young children to professional athletes. Athletic trainers are usually part of a sport medicine team, which tend to include a physician, physical therapist, and even a sport psychologist. Many athletic trainers work in educational facilities, such as high schools and colleges. However, much of their time is spent on the sport fields. The profession applies their wide range of medical knowledge; and in order to do so, athletic trainers must have strong interpersonal and communication skills to converse with the athletes, coaches, physicians, and parents (Occupational outlook handbook, 2012).
Athletic Training plays a big role in the world today. Many people are on the go whether it is for sports or every day activities. Athletic Trainers can help with athletes of any age or industrial workers performing physical tasks or even an average citizen in recreational athletics. They help prevent injuries and help recognize injuries and treat them. They also help rehabilitate injuries that result from physical activity (Athletic Training Association). They are usually first on the scene of an injury (Campus Explorer). Athletic Trainers are health care professionals that work along the side of certified physicians. They also work for other health care professionals, coaches, or parents (Athletic Training Association). While working full time for a sports team, they are faced with tough decisions that could affect the players’ health or career. They must also be able to make fast decisions under pressure. A trainer working for a team can advance their job by switching teams or even becoming an Athletic Training director (Campus Explorer). Athletic Trainers are certified in prevention, clinical evaluation and diagnosis, immediate care, treatment, rehab and reconditioning, organization and administration and professional responsibility (Athletic Training Association). They help athletes prepare for practices, competit...
Athletic Trainers play a crucial part in today’s professional sports. They also help on lower levels of sports in high school, and college level teams. The job of an athletic trainer is simple yet very important, they are charged with treating, and preventing injuries. A trainer does this by developing therapies to reduce pain, and improve mobility (“Athletic Trainer Salaries”). They have to stand for long periods of time, work well with athletes of different sizes, move or carry equipment around, good mobility and communication skills to give instructions (“Athletic Trainer, Healthcare Program”). These trainers serve as a crucial part of an athlete getting back into their sport. Athletic trainers usually work under the direction of a physician, so they are like the Doctor’s healing hands in action.