Just When You Thought It Was Over: 9th Circuit Seeks More Information from Athletes and NCAA

Previously, it was reported that U.S. District Court Judge for the Northern District of California, Claudia Wilken, handed a limited win to college athletes in the Shawne Alston, et al v. NCAA, et al case. Judge Wilken ruled that the NCAA cannot limit compensation or benefits “related to education.”

However, the plaintiffs were seeking to invalidate caps on all forms of compensation. In their quest, they appealed Judge Wilken’s ruling to the U.S. Court of Appeals for the Ninth Circuit. On Jan. 6, 2020, the …

January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases.

After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model.

In addition to new laws and proposed legislation, the NCAA …

December 12, 2019 Legislation / NCAA / Sponsorships

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia.

As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools …

September 18, 2019 Basketball / Celebrities / NCAA / Rights

Amended California Student-Athlete Bill Nabs Endorsement of LeBron James

A recent bill introduced to give student-athletes the right to earn compensation has garnered star support.

The bill, SB-206, was recently endorsed by Los Angeles Lakers star LeBron James. The superstar took to Twitter to voice his support for the recently amended bill that would allow students to receive compensation for the use of their names, images, and likenesses.

“Everyone is [sic] California – call your politicians and tell them to support SB 206! This law is a GAME CHANGER. College athletes can responsibly …

September 3, 2019 Class Actions / Concussions / NCAA

NCAA $75 Million Settlement Gets Final Approval with $14 Million in Fees

On August 12, 2019, U.S. District Judge John Lee granted final approval to a $75 million settlement and awarded more than $14 million in attorney fees. As we have continued to report, the suit began in 2011 when former Eastern Illinois football player, Adrian Arrington, and three others, sued the NCAA because they suffered from seizures, which were a byproduct of repeated head trauma.

Of the $75 million settlement initially approved by Judge Lee in July 2017, $70 million of the settlement will go …

April 24, 2019 Antitrust / Litigation / NCAA

Ninth Circuit Affirms $42 Million Fee Award in NCAA in Antitrust Suit

On April 17, 2019, the United States Court of Appeals for the Ninth Circuit upheld a $42 million attorney fee award despite objections from former NCAA athletes. As we have previously covered, in November 2017, former Division I NCAA athletes won a settlement of $208.7 million against the NCAA. In their suit, former NCAA athletes challenged the NCAA’s practice of capping student scholarships at values less than the actual cost of attendance. Previously, class member Darrin Duncan articulated that the “central issue in the …

December 27, 2018 Litigation / NCAA

Update: Tempers Flare at Closing Arguments in the Student Athlete’s Wage Suit

During closing arguments in the NCAA student-athlete wage suit, on December 18, 2018, Beth Wilkinson, attorney representing the NCAA, told U.S. District Judge Claudia Wilken that she was mistaken about some underlying facts of the case. At the start of closing arguments, Judge Wilken said that it “seems very clear” that the NCAA violated antitrust laws, but she questioned how the violation could be quantified. However, Wilkinson was quick to respond, saying “[w]e have not ever conceded that there was an antitrust violation.” Judge Wilken …

June 6, 2018 Fantasy Sports

College Football Right of Publicity Lawsuit: Player Unions Support College Athletes in Fantasy Sports Suit

On January 25, 2018 the Sports and Entertainment Law Insider discussed a lawsuit filed by former NCAA football players, Akeem Daniels, Cameron Stingily, and Nicholas Stoner, who alleged that daily fantasy sports (DFS) providers had violated an Indiana state right-of-publicity statute when the DFS companies used names, images, likenesses, and statistics of student-athletes in online fantasy sports contests. In September 2017, the case was dismissed by the United States District Court based on a finding that the use of the names, images, and likenesses were …

October 20, 2015 NCAA

EA, NCAA Class Action: Plaintiffs Want Settlement Objectors to Post Bond

On Thursday, October 15, 2015, the plaintiffs in the Electronic Arts, Inc., NCAA right of publicity class action insisted that a federal court impose an appeal bond on settlement objectors.

The lawsuit — a class action alleging unauthorized use of former and current student-athletes’ names and likeness — ended in a $60 million settlement in June. However, two student athletes — Nathan Harris and Darrin Duncan — have appealed the court’s denial of their objections to the settlement. The class members in support of the …

October 16, 2015 NCAA

NCAA Athlete Compensation: Student-Athletes File Petition for Rehearing

On Wednesday, October 14, 2015, former student-athletes filed a petition with the Ninth Circuit for a rehearing en banc on its decision to uphold the rule that NCAA athletes do not need to be compensated beyond the cost of attending college.

The federal trial court originally held that: (1) universities may grant to student athletes the full cost of attendance; and (2) universities may allow student athletes to receive up to $5,000 per year as compensation for the use of their names and likenesses. On …