University of California Sued for Wrongful Death of Football Player Ted Agu

On Tuesday, August 5, the family of former University of California football player, Ted Agu, filed a wrongful death lawsuit against the university claiming negligence in the Agu’s sudden death earlier this year.

After offseason training drills in February, Ted Agu was taken by University of California medical staff to Alta Bates Medical Center as he exhibited signs of extreme fatigue. There, Agu was pronounced dead. The coroner’s report released in April stated hypertrophic cardiomyopathy as the cause of death. His family and attorneys, however, …

July 31, 2014 Concussions / NCAA

NCAA Reaches Settlement, Offering Rule Changes to Concussion Class-Action Plaintiffs

On Tuesday, the NCAA filed a proposed settlement in the US District Court of Chicago to potentially end the class-action head-trauma lawsuit. The preliminary settlement will create a $70 million fund for diagnosing current and former college athletes for brain trauma and other head related injuries. The NCAA is currently awaiting approval by Judge John Z. Lee.

The proposed deal also sets up a new and uniform return-to-play policy, treatment requirements, and protocol for athletes who sustain head injuries. The fund will be made available …

July 26, 2014 Litigation / NCAA

Judge Approves $60 Million Settlement in NCAA Video Game Case

On Thursday, Judge Claudia Wilken approved the proposed settlement agreement between the Sam Keller plaintiffs and the defendants, NCAA, EA Sports and Collegiate Licensing Company (CLC)—$20 million with the NCAA and $40 million with EA Sports and CLC. In an attempt to avoid similar video game related liability in the O’Bannon case, the NCAA argued the $20 million settlement should cover any misappropriation of likeness claims arising from NCAA-branded video games, but Judge Wilken disagreed. Her decision to handle the two similar cases separately would …

July 24, 2014 NCAA

Big 12 Commissioner Critical of NCAA

At the beginning of Big 12 media days on Monday, July 21, commissioner Bob Bowlsby focused his state of the league address on to the NCAA and its rule enforcement procedures.

Bowlsby joins the continuously growing population of NCAA bashers by calling into question the NCAA enforcement wing’s efficiency. While claiming the system is broken and that the NCAA has allowed cheating to pay off, the commissioner pointed out that the NCAA Infraction Committee hasn’t held a hearing in over a year. He also expressed …

July 8, 2014 Litigation

Details of the Keller Settlement Submitted for Approval

A proposed settlement filed on June 30 could allow up to $20,000 for several football and men’s basketball players whose names, images, and likenesses were used in NCAA-themed video games. The filing contains the details of a $20 million deal announced in early June between the NCAA and the plaintiffs led by Sam Keller, a former Arizona State and Nebraska football player. The proposed terms are closely related to the previously announced $40 million settlement by EA Sports and Collegiate Licensing Company (CLC) that would …

July 7, 2014 NCAA

NCAA Steps into the Northwestern Union Debate

The NCAA filed an amicus brief on behalf of Northwestern to reverse a decision from a regional National Labor Relations Board (NLRB) that ruled the school’s football players are university employees. The filing followed briefs submitted by Northwestern and six Republican members of Congress in support of the university.

The debate is still ongoing since the NLRB allowed the university to appeal the regional board’s decision. If the NLRB affirms, the case could go before federal court. Meanwhile, the voting results of Northwestern football players …

July 3, 2014 NCAA

Players Are Harmed Regardless.

To start off the final round of filings, the plaintiffs in the O’Bannon trial submitted a brief addressing the court’s questions peppered at the end of the trial and rebutting the arguments articulated by the NCAA.

At the end of the trial, Judge Claudia Wilken rigorously asked fundamental questions to determine whether the plaintiffs sufficiently established that the NCAA has violated antitrust law. The plaintiffs reiterated in their brief that pinpointing the buyer and the seller in this case is pointless. Regardless of who the …

July 1, 2014 Antitrust / NCAA

O’Bannon Trial: The Ball is Now in the Hands of Judge Wilken

After 24 witnesses over 15 days of trial, it has finally come to an end, with a final round of filings scheduled to end on July 10. Presiding Judge Claudia Wilken is expected to render her decision by early August. No matter who wins, there will be appeals.

During the last day of the trial, the NCAA articulated the plaintiffs must show all the elements in an antitrust case: buyer, seller, market, product, agreement, restraint, antitrust injury and victim. The NCAA further argued its rules …

June 26, 2014 NCAA

Product Endorsement Takes a Front Seat in NCAA Trial

Day 12 of the O’Bannon v. NCAA trial began with the NCAA calling SEC Executive Associate Commissioner and Chief Operating Officer, Greg Sankey, to the stand. Sankey spent much of his time justifying amateurism for the court, and Judge Wilken appeared especially interested in product endorsement.

Up until this point, the case has mostly revolved around the use of player names and likeness in video games and television broadcasting. When Sankey’s testimony began to address product endorsement by schools and sports programs, Judge Wilken began …

June 25, 2014 NCAA

C-USA Commissioner: Don’t Open a Pandora’s Box

When he took the stand in the O’Bannon trial, Conference USA Commissioner Britton Banowsky warned if the plaintiffs win, the world of college sports would become a “horrible place.” If student-athletes are allowed to sell the rights to their names, images, and likeness, a “corrupting influence of money” would overpower and materialize college sports.

Banowsky further expressed his worries when he described “exploitative” boosters who would flock to manipulate these 18 or 19-year olds and their families. In doing so, he mentioned Nevin Shapiro, a …