Categories
Headline MLB Players Sports Agents Sports Law

Update: Howard A. Kusnick PA v. Kellin Deglan

The Texas Rangers selected Kellin Deglan with the #22 overall pick in the 2010 MLB Amateur Draft.  The 6’2 catcher was one of the more intriguing players on the Canadian high school baseball circuit, who was seen as pretty raw, but had quite a bit of potential, especially with a powerful bat.  The fact that he is a left handed hitting catcher also had to improve his draft stock.

Deglan had been committed to play at Florida International University, but ended up choosing to sign out of high school.  Double Diamond Sports Management served as his advisors for the Draft.  Deglan signed for $1 million, and Double Diamond expected to receive its advising commission of 5%, which comes out to $50,000 in fees.

On July 2, 2010, Howard A. Kusnick of Double Diamond Sports Management filed a Complaint against Deglan for failure to pay a 5% commission on the contract Deglan signed with the Rangers (click here for the court docket).  On September 14, 2010, Deglan filed a motion to dismiss and/or for a more definite statement.  Kusnick responded by filing a motion for default against Deglan one day later, but the notice of default was not entered based on the court’s finding that a pleading was filed by Mr. Deglan.

On December 8, 2010, Kusnick amended his Complaint.  Deglan filed another motion to dismiss on December 27, 2010, this time based on the Amended Complaint.  Interestingly, on March 16, 2011, the judge granted Deglan’s motion to dismiss Kusnick’s Amended Complaint, and gave Kusnick 15 days to file and serve a new Amended Complaint.  I assume that the Amended Complaint was dismissed without prejudice.

The 15 day period expires tomorrow.  At the time of writing this post, the docket does not indicate that Kusnick has filed and served Deglan a new Amended Complaint.

Meanwhile, Deglan appears to be struggling in the Minors.  In 22 games for the Class A Short-Season Spokane Indians, Deglan had a batting average of .159 and only 1 homerun.  Perhaps he will pick up his game once he does not have to focus on the lawsuit where he is named as the Defendant.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

2 replies on “Update: Howard A. Kusnick PA v. Kellin Deglan”

Comments are closed.