Category Archives: NCAA

NCAA Unhappy with O’Bannon Support in Antitrust Suit

Following the Ninth Circuit decision that the National Collegiate Athletic Association (NCAA) violated antitrust laws by denying students compensation for the use of their likeness, the NCAA petitioned the Supreme Court to hear its appeal. In an unexpected turn of events in the O’Bannon v. NCAA lawsuit, the NCAA is arguing that O’Bannon is secretly in favor of the NCAA bid. In the Ninth Circuit ruling, the court in essence maintained that student-athletes should be compensated for the use of their name and likeness. However,…

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Academic Scandal Continues; UNC Denies Most Serious Charges Alleged by the NCAA

It has been more than a year since the NCAA brought charges against the University of  North Carolina after an investigation revealed that athlete students were enrolled in improper courses to receive high grades so they could keep playing sports and avoid suspensions. Although the NCAA removed men’s basketball and football programs from the charges in the spring, this only heightened the scandal against UNC’s women’s basketball program. The scandal started with allegations that the University’s student athletes’ academic support staff allowed athletes to enroll…

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Federal Judge Pre-Approves NCAA Concussion Settlement

On Thursday, July 14, 2016, an Illinois federal judge granted preliminary approval of a $75 million settlement for concussion-related personal injury claims brought by a class of student-athletes against the National Collegiate Athletic Association (NCAA). U.S. District Judge John Z. Lee said he expects the settlement to be finalized next year after further resolution of issues between the two parties. Seventy million of the settlement will be used to fund a 50-year medical monitoring program to screen student-athletes for head injuries. The remaining $5 million…

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NCAA Class Action Battling Over Discovery

The NCAA is clashing further with the class members of the “grant-in-aid” class action over the production of documents during discovery. The NCAA student athlete scholarship class action lawsuits were consolidated to the California federal court in a multidistrict litigation. According to the complaint, the NCAA conferences (NCAA, Pac-12, Big Ten, Big 12, SEC, and ACC) “colluded” to offer scholarship to student athletes which are insufficient to pay the full costs of attending college. The student athletes claim this violates federal antitrust laws. In March,…

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O’Bannon Requests Supreme Court Kick First Amendment Question

While the O’Bannon appeal from the Ninth Circuit awaits a response from the Supreme Court, both sides have continued to strategically downplay the opposition’s arguments. Most recently, O’Bannon filed a July 1, 2016 brief advising the Supreme Court not to consider whether the Ninth Circuit should have barred the antitrust suit over compensation for athletes’ images and likenesses on First Amendment grounds. O’Bannon argues that the constitutional argument is not a central issue to the case. O’Bannon, on behalf of the former NCAA athletes, has…

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FanDuel Argues First Amendment Protects Use of NCAA Players’ Names and Likenesses

On Tuesday, June 26, 2016, FanDuel asked an Indiana federal court to dismiss it from a putative class action accusing daily fantasy sports operators of profiting off the unauthorized use of former NCAA athletes’ names and likenesses. It contended that its use of the names and likenesses was protected by the First Amendment. FanDuel has had trouble with using the NCAA as a portion of its daily fantasy sports platform before, as back in March it had to reach a deal with the NCAA agreeing…

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NFHS Lines Up Behind NCAA in O’Bannon Appeal, Files Amicus Brief in Support

The National Federation of State High School Associations (NFHS) has filed an amicus brief supporting the NCAA in its petition to the Supreme Court appealing the Ninth Circuit’s decision in the case of O’Bannon v. NCAA. In its brief, the NFHS extolled the virtues of amateurism, and warned that “[a]llowing college athletes to receive compensation in any form not tied to their college education not only would threaten the unique nature of college athletics, and thus much of its appeal, but also would diminish…

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NCAA: What To Do With $9 Million?

The marathon antitrust case commenced in 2009 between the NCAA and former UCLA basketball player Ed O’Bannon and other former student athletes continues to this day. Several disgruntled former student athletes are suing the NCAA for wrongfully profiting off their likeness. The former students argue that the NCAA wrongfully used and profited from their names, images and likeness in various ways — including video games like EASports — without being compensated for it. Last May, U.S. District Judge Wilken ordered the NCAA to immediately pay…

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Another Concussion Related Headache for NCAA and SEC

Yet another former football player has been added to the long list of former students suing the NCAA for its alleged negligent treatment of concussions. On June 8, 2016, Orenthal James Owens, a defensive back for the Tennessee Volunteers (2000-2003), filed an action in Indiana federal court claiming that the NCAA and SEC exposed him to the debilitating effects of concussions by turning a blind eye. During his time with the Volunteers, Owens remembers blacking out and suffering from memory loss following repeated blows…

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NCAA Power Conferences Refuse to Share Documents

On June 13, 2016, a group of student-athletes locked in an antitrust lawsuit against the NCAA called out several major collegiate athletic conferences for their reluctance to share documents concerning lucrative television contracts. They claim several conferences have failed to produce essential documents during a discovery dispute which began in March of this year. According to the student-athletes, the Big Ten and Atlantic Coast conferences have refused to even discuss document requests. The student-athletes, whose class action lawsuits have been consolidated in multidistrict litigation in…

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