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IK Enemkpali Brings Battery To Light In The World Of Sports

I have been provided the opportunity to sit in on a class taught by ESPN and Sports Illustrated writer Andrew Brandt that is called “Business and Legal Aspects of Professional Sports.” Brandt is teaching the class through Villanova University’s online offering, which makes it easy for anyone to access the content.

New York Jets linebacker IK Enemkpali (51) takes a breather on the bench during the second half against the Miami Dolphins at Sun Life Stadium. Mandatory Credit: Steve Mitchell-USA TODAY Sports
New York Jets linebacker IK Enemkpali (51) takes a breather on the bench during the second half against the Miami Dolphins at Sun Life Stadium. Photo Credit: Steve Mitchell-USA TODAY Sports

There are quite a few hot issues in the world of sports business and law, with nothing attracting more attention than the ongoing legal battle between New England Patriots quarterback Tom Brady and the National Football League.  However, a recent locker room “tussle” has tried to steal away at least some of the headlines.  It involves an altercation between two New York Jets players with the result being a broken jaw for the club’s starting quarterback…a broken jaw in two places that could sideline QB Geno Smith for up to 10 weeks.

The short explanation is that linebacker IK Enemkpali was upset with Smith and “sucker punched” him in the face, causing great harm to the quarterback.  It is without a doubt that Enemkpali “touched” Smith in an improper manner and without Smith’s consent.  It also cannot be disputed that such “touching” resulted in the harm suffered by Smith, which now forces him to be sidelined for at least some of the Jets’ regular season games.

Enemkpali has since been released by the Jets.  Is that the end of his troubles?

The answer is that Enemkpali’s release is probably the extent of the punishment he receives.  However, if Smith wanted to go the extra mile, he also has a cognizable claim against Enemkpali for battery.  Smith would have to prove that Enemkpali (1) acted with intent; (2) actually contacted Smith without consent; and (3) caused actual injuries.  Furthermore, Enemkpali could potentially be liable for criminal battery, which is usually classified as a misdemeanor crime…resulting in a monetary fine and/or jail time of up to one year in length.

Smith is unlikely to file a civil complaint against Enemkpali, as he will be largely compensated for the time he misses due to the injury, and the cost/time consumption of going to court just is not worth it for the franchise quarterback.  It is also unlikely that the State of New York charges Enemkpali with criminal battery, as this is something rather minor in the grand scheme of things, and no one will want to press charges, as they would rather it just goes away and out of the public spotlight.

So Enemkpali likely dodged a bullet.  Except for the whole getting released by the Jets part of the story.

If you’re interested in learning more about Villanova’s online sports program, please visit VillanovaU.com/SABSponsor.

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.