NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…
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NCAA Athlete Compensation: The Ninth Circuit Filed its Opinion on Appeal

On September 30, 2015, the U.S. Ninth Circuit Court of Appeals filed its opinion in the appeal of the O’Bannon v. NCAA antitrust lawsuit.  At the federal trial court level, District Court Judge Claudia Wilken held that the NCAA’s ban on compensating student athletes violates federal antitrust laws.  Judge Wilken concluded that “less restrictive” means were available to preserve student athletes’ amateur status, and therefore, she held that NCAA member universities were permitted to engage in the following acts: (1) universities may grant to student…
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O’Bannon Plaintiffs Urge 9th Circuit to Affirm Pay-Rule Ban

On January 23, O’Bannon Plaintiffs filed a response to NCAA’s appellate brief that asked the Ninth Circuit to reverse the lower court’s decision allowing student-athletes to be paid. In a 851-page long filing, the plaintiffs argued that the a limited compensation to $5,000 for every year of academic eligibility pursuant to the court’s decision is “such modest payment” to jeopardize NCAA’s policy on amateurism, a concept that has evolved and eroded admittedly by NCAA.  Further, the plaintiffs stressed that because the injunction was not mandatory,…
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What’s Next, Civil Litigation Against Sports Memorabilia Dealers for Improper Dealings with College-Athletes?

Your favorite college football team loses its star quarterback or running back due to a suspension for NCAA violations related to compensation received from a sports memorabilia dealer for autographing multiple items that the dealer sells.  The college suffers damage in the form of potential lost ticket sales, merchandising, bowl revenue, and negative publicity.  Does the university have any recourse against the dealer who stands outside the reach of NCAA oversight but who profits from the offending transactions? NCAA Bylaw 12.5.2.1 prohibits student-athletes from accepting…
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O’Bannon Plaintiffs & NCAA Ask Judge to Set Timetable for Athlete Pay

On Thursday, August 14, the O’Bannon plaintiffs and the NCAA filed a joint submission to the United States District Court for the Northern District of California seeking clarification of Judge Claudia Wilken’s injunction on the NCAA’s ban of player compensation. The two parties to the lawsuit have come to an agreement over when the injunction should take place.  Judge Wilken’s original ruling left the results somewhat ambiguous, and the current joint submission was submitted to clarify.  The parties’ submitted a proposed order designating the injunction…
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O’Bannon Case: NCAA Urges For Court’s Clarification

In the wake of last week’s O’Bannon ruling, the NCAA has requested for clarification of the court’s injunction.  Judge Claudia Wilken wrote that the injunction would not be applicable to student-athletes enrolled in college before July 1, 2016 or after the next recruiting cycle. The next recruiting cycle, however, focuses on student-athletes first entering in Fall 2016.  Further, new recruits may receive offer letters as early as August 1, 2015, the first day colleges can offer scholarships to their recruits in the 2016-17 class…
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Day 7 of O’Bannon Trial: Lengthy Testimonies from Both Sides Continued

The O’Bannon trial continued with more witnesses from both sides appeared in Judge Claudia Wilken’s courtroom on Wednesday.  The University of South Carolina president Harris Pastides and the women’s athletic director at the University of Texas Christine Plonsky were among the NCAA’s witnesses while Electronic Art’s chief legal officer Joel Linzner appeared as one of the plaintiffs’ witnesses. Pastides, a member of the NCAA Division I Board of Directors and of a committee in charge of the league’s governance reform, testified that the school’s revenue…
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