Nike contract with Penn State scrutinized as recent developments have drawn national attention. This latest Nike contract with Penn State scrutinized story is prompting increased debate and analysis at every level.

Nike contract with Penn State scrutinized at trial for fired football doctor

Philadelphia Wrongful termination lawyer Steven Marino, during the trial, pressed witness Richard Kaluz, Penn State’s senior associate athletic director for finance and business operations, on what amounted to “unauthorized spatting,” arguing this could violate the “medical autonomy” of a team physician like Dr. Lynch from acting in the best interest of injured players. “Over and over, no unauthorized spatting. How does that not violate medical autonomy?” Marino pressed.

News Coverage: Sports – Lawsuit

PENN LIVE | Update: May 22, 2024 | Published: May 21, 2024 | By: John Luciew | jluciew@pennlive.com

Nike contract with Penn State scrutinized at trial for fired football doctor - Photo of Trace McSorley wearing Nike logo.

Photo of Trace McSorley wearing Nike logo. Photo by: Chris Sponagle via Wikimedia Commons CC BY-SA 4.0

Nike’s contract with Penn State was put under a microscope Tuesday morning at the ongoing trial brought by the university’s former football doctor who claims he was wrongfully terminated.

At issue in the Dauphin County Court case of Dr. Scott Lynch was what his attorney called a “no spatting” clause in the $1 million-plus-a-year contract with the athletic shoe company first inked in 2005.

Spatting refers to the taping of a football player’s ankle – a common practice before and during games. The contract spells out that ankle taping that obscures the Nike logo on shoes and other gear could be a violation of the high-dollar deal that has only increased in value in the decades since.

The highly redacted contract, which was entered into evidence, goes on at great length about Nike’s desire for “logo prominence” and “favorable presentation” as part of Penn State athletes wearing the company’s shoes and other gear during games, practices and other appearances.

The contract bans “reducing or restricting logo placement.”

“Cover the logo, it’s a material breech?” Lynch’s attorney, Steven F. Marino, asked Richard Kaluza, Penn State’s senior associate athletic director for finance and business operations.

Marino then pointed out that “spatting” – taping a player’s ankle over the shoe and covering the Nike logo – is “inconsistent” with the contract and could amount to a “material breech.”

Kaluza, under questioning, disagreed with Marino, pointing out that the contract banned “unauthorized spatting” – not all spatting.

Marino then pressed him on what amounted to “unauthorized spatting,” arguing this could violate the “medical autonomy” of a team physician like Dr. Lynch from acting in the best interest of injured players.

“Over and over, no unauthorized spatting. How does that not violate medical autonomy?” Marino pressed.

Again, Kaluza disagreed.

Under defense questioning, Kaluza explained spatting could be authorized by the team’s medical professionals, like Lynch, and its athletic trainers.

The defense also pointed out that some Nike football cleats have the logo on the toe and heel so that even taped shoes still show the logo. The defense introduced photos of former PSU players, including quarterback Christian Hackenberg and Saquon Barkley, with their ankles taped during games and the Nike logo still visible.

“Two of Penn State’s star players were spatted without Nike reducing compensation,” the defense attorney pointed out.

Lynch was fired from his dual roles as Penn State’ director of athletic medicine and orthopedic consultant to the football team on March 1, 2019, leading to his lawsuit.

The suit alleges Lynch had repeated clashes with Nittany Lions head football Coach James Franklin, who took over in 2014. Lynch claims he was terminated from his dual roles because he refused to “allow a coach to interfere with his medical treatment and return to play decisions.” Lynch says he reported Franklin’s interference to Penn State Athletics and Penn State Health, including his immediate supervisor there, Dr. Kevin Black, who’s also being sued by Lynch.

Lynch is seeking both compensatory and punitive damages in the case.

The defense asserts there’s no evidence Lynch ever altered his medical treatment of players under pressure from Franklin — or anyone else.

Franklin and Penn State Athletics have since been dropped from the lawsuit over a filing technicality.

Employers who violate the law should be held accountable. If you were wrongfully terminated because of discrimination, retaliation, whistleblowing, or another unlawful reason, Marino Associates is prepared to investigate your claim, preserve critical evidence, and aggressively pursue the compensation and justice you deserve. Call ( (215) 462-3200 or complete our online contact form to speak with an experienced wrongful termination attorney today. Your case consultation is free.

Publisher

Publisher: Pennlive.com, Updated: Maya 22, 2024 | Published May 21, 2024 |  By John Luciew | jluciew@pennlive.com

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