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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Former UCLA Athlete takes Compensation Lawsuit to the U.S. Supreme Court

On Tuesday, March 15, 2016, former UCLA basketball player Ed O’Bannon Jr. asked the U.S. Supreme Court to take up a lawsuit against the NCAA over compensation for the use of players’ images and likeness. In 2009, O’Bannon filed a lawsuit on behalf of thousands of former NCAA athletes claiming that the NCAA’s policy of forbidding student sports players from receiving money for the use of their images is a violation of antitrust law and personal publicity rights. O’Bannon alleged that the NCAA used his…
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The Big Leagues: NCAA Requests Extension to Appeal to SCOTUS Over Student-Athlete Compensation

On Thursday, March 3, 2016, the National Collegiate Athletic Association requested a 30-day extension to appeal from a Ninth Circuit ruling which held that the NCAA ban on compensation for the use of student athletes’ images and likenesses violated the Sherman Anti-Trust Act. The litigation began in 2009 when former UCLA basketball player Ed O’Bannon and former ASU and University of Nebraska quarterback Sam Keller filed separate lawsuits against the NCAA, Electronic Arts Inc., and Collegiate Licensing Co. The original lawsuits claimed in part that…
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An Uphill Battle: NCAA Embroiled In Federal Litigation On Multiple Fronts

The NCAA is under fire, defending cases in both the Northern District of California and the Ninth Circuit. The California proceedings are now focused on attorneys’ fees – specifically, whether or not the NCAA has to pay them. Earlier this month, U.S. Magistrate Judge Nathanael Cousins, in an opinion that referenced the popular television series “Game of Thrones,” awarded Plaintiff Ed O’Bannon $46 million in attorneys’ fees. The NCAA opposed the award, claiming that O’Bannon’s legal team – which is comprised of over 30…
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Breaking The Bank: Plaintiff Attorneys In NCAA Class Action Lawsuit Awarded $46 Million In Fees

On Monday, a judge ordered that the NCAA pay plaintiffs’ attorneys’ in a class action suit initiated in 2009. The suit was brought by Ed O’Bannon and 19 others, and the payment will total $44.4 million in fees plus $1.5 million in costs. In arguing against the award, the NCAA’s attorneys likened the situation to the book “A Tale of Two Cities” by Charles Dickens, claiming this was “a tale of two lawsuits,” as the lawsuit underwent significant changes in 2012. In response to the…
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NCAA Separation Order

The NCAA is currently facing two related antitrust lawsuits regarding their ban on student-athlete compensation.  The first case, brought by former student-athlete and professional athlete Ed O’Bannon, is now set for trial on June 9, 2014.  The second case, brought by former student-athlete Sam Keller, is set for March of 2015. Ed O’Bannon brought his case in 2009, 10 years after his retirement, when he saw his name and likeness being broadcasted by the NCAA during a basketball tournament.  O’Bannon is not seeking a monetary…
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