Category Archives: NCAA

Student-Athlete Attorneys Look to Score in NCAA Concussion Settlement Agreement

On January 13, 2017, attorneys filed a request for $15 million in fees in an Illinois federal court after an early approval of a $75 million settlement by the NCAA for concussion-related health concerns for NCAA student-athletes. The attorneys argued the fee request is reasonable compensation due to the novelty of the case, and their 18,000 hours of attorney-time invested. A hearing is scheduled for May for final approval of the settlement. The multidistrict litigation included an estimated four million former NCAA student-athletes, and $70…

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The NCAA Continues to Block Student-Athletes From Transferring Universities: Protecting Fair Play or Violating Antitrust Laws?

Former Northern Illinois University football player, Peter Deppe, filed suit against the NCAA in which he alleged that the NCAA’s “year-in-residence” rule violates antitrust laws. NIU recruited Deppe as a walk-on punter, but designated him as a red shirt player for his first year. In August 2014, the special teams coach told Deppe that beginning in January 2015, he would receive an athletic-scholarship and take over as the starting punter. However, the special teams coach transferred schools, and NIU’s head coach informed Deppe that…

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Pennsylvania Appeals Court Denies NCAA’s Efforts to Appeal Negligence Finding in NCAA Death Suit

The NCAA’s efforts to appeal a Pennsylvania court’s finding that the NCAA was negligent in failing to require Division II schools screen for sickle-cell trait were denied on December 28, 2016. The case arose after Jack Hill Jr., a Slippery Rock University student, died following a high-intensity basketball practice due to sickle-cell trait complications. Jack Jr.’s parents, Jack and Cheryl Hill, filed suit against the University and the NCAA, arguing the university’s failure to administer sickle-trait testing prior to allowing them to participate in athletics…

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Efforts of UPenn Athletes to Obtain Employee Status Denied Once Again

Following the dismissal of a suit brought by UPenn athletes seeking compensation as employees under the FLSA, the athletes are arguing that the Seventh Circuit’s reliance on a 1992 Seventh Circuit case, which rejected Fair Labor Standards claims brought by a prisoner, essentially placed them on similar legal footing as prison laborers. Though the athletes are aware fighting for employee status as college athletes is far-fetched based on the courts’ consistent denial of such claims, the UPenn athletes’ argument rests on the proposition that they…

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NCAA Faces Another Concussion Class Action Over Breach of Protective Duty

The NCAA faces another potential class action after several former college football players filed suit in Indiana federal court attacking the organization’s concussion protocol, or lack thereof. Some might say the organization should have seen it coming in light of the modified $75 million dollar medical monitoring settlement the NCAA reached with players last May. The original settlement was modified out of concerns that the settlement would preclude players from bringing individual personal injury claims based on contract principles, and left open the possibility of…

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Is the First College Sports PAC for the Purpose of Preventing Pay for Play?

The athletic directors at 129 Football Bowl Subdivision (FBS) colleges and universities announced recently that they are forming a political action committee, called LEAD1, to lobby Congress. Not only can PACs give limited donations to candidates and parties, they can also — as a result of Citizens United — spend as much as they want to support or defeat a candidate, party, or legislation. LEAD1 is the first college sports PAC. Conventional wisdom holds that the FBS athletic directors created LEAD1 to try to…

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As March Madness Looms, NCAA Opens Another Violation Investigation into UNC Academic Practices

Just when the University of North Carolina thought it was past the rounds of sanctions centering on academic integrity issues, the NCAA filed a third “Notice of Allegations” as 2016 came to a close. In the most recent notice, the NCAA alleged that the university provided improper extra benefits to student-athletes so that they could remain eligible for athletic competition. The notice goes on to allege that members of the men’s basketball and football programs received improper benefits, restoring a reference to the university’s premier…

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Could a Sport’s Revenue be the Difference-Maker in Fight for Paid Student-Athletes?

A federal judge in California held a Seventh Circuit’s decision inapplicable to the Fair Labor Standards Act case brought by former University of Southern California linebacker, Lamar Dawson. District Court Judge Richard Seeborg rejected the defendants’ motion to stay the wage-and-hour case in spite of the NCAA and PAC 12’s motion to dismiss Dawson’s claims. Dawson brought this class action suit after leaving USC in December 2015, arguing he was “denied full pay for all hours worked, including overtime pay, and was frequently permitted to…

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Former Track & Field Athletes Petition for En Banc Review in the Face of Latest Defeat in Student-Athlete Employment Fight

Two former NCAA track and field athletes are petitioning the Seventh Circuit to overrule itself, in one of the highest profile student-athlete lawsuits since the Ed O’Bannon litigation. Plaintiffs Gillian Berger and Taylor Hennig competed for the University of Pennsylvania, and argue that the hours spent training and competing for their school violated the wage-and-hour provisions of the Fair Labor Standards Act (FLSA). The defendants, which include the NCAA, won a motion to dismiss the case this past February. That order was upheld by…

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“UConn’t do that!” Ex-Soccer Player Suing University for Revoking Athletic Scholarship

In a bizarre lawsuit, a former soccer player from the University of Connecticut (UConn) is filing suit against her alma mater for taking her athletic scholarship away, but not for the reason you might think. It all started in 2014 after the UConn women’s soccer team won the American Athletic Conference title game. In a moment of jubilation, then-freshman Noriana Radwan hugged a teammate and then looked to the television camera directly in front of her, and proudly “flipped the bird,” likely without any idea…

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