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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Electronic Arts Cannot Escape ex-NFL Players’ Lawsuit

On Tuesday, January 6, the 9th Circuit Court of Appeals denied Electronic Arts’ motion seeking dismissal of a lawsuit brought by ex-NFL players who claim EA used their likenesses without permission in ‘Madden NFL’ videogames. The lawsuit, initiated in April of 2012, is very similar to the lawsuit against Electronic Arts brought by former NCAA players for EA’s unlicensed use of their likenesses in sports videogames.  This time, it is ex-NFL players bringing the lawsuit for the use of their likenesses in the ‘Madden…
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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…
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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…
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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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