September 12, 2019 Antitrust / NCAA / Rights

California NCAA Athletes Inch Closer to Earning Compensation

As previously reported, a California bill that would allow student-athletes to be paid for their likenesses has cleared yet another legal hurdle.

The closely followed bill would allow college athletes to enjoy the capital gained from their name, images, and likeness. Under current NCAA rules, student-athletes are not permitted to accept payment for, or permit, “the use of his or her name or picture to advertise, recommend, or promote” the commercial sale of goods, or use their likeness to promote a service or product. …

May 29, 2019 NCAA

NCAA Athletes Move Closer to Receiving Pay from Their Names, Images, and Likeness

On Wednesday, May 22, 2019, the California Senate voted (31-4) to pass the Fair Pay to Play Act to allow college athletes in the state to earn income from endorsements or sponsorships. The bill would protect college athletes in the state from losing eligibility for receiving such compensations.

“The California Senate has spoken loud and clear: Student-athletes should enjoy the same right as all other college students – to earn income from their talent,” California State Sen. Nancy Skinner, who introduced the bill, said in …

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 …

July 9, 2018 Concussions / Litigation / NCAA

Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants. The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries. The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years.

On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a …

June 27, 2018 NCAA

Update: NCAA Transfer Rule

As we have previously covered, the NCAA recently changed their transfer rules. In the past, student-athletes went through a “permission to contact” process. This process limited their ability to transfer as their current college coaches were able to block the athlete from transferring to certain schools. Now, starting in October 2018, the NCAA has shifted to a “notification” system that will allow the athletes to transfer without coaches’ permission.

However, on June 19, 2018, various NCAA conferences, including the Atlantic Coast Conference, Big TenConference, Big …

June 25, 2018 Labor & Employment / Litigation / NCAA

NCAA & Villanova Critique Student Athlete’s Amended Wage Suit

The Sports Law Insider previously reported on a putative class’ wage suit against the NCAA and several universities. The suit by former Villanova football player Lawrence “Poppy” Livers was brought in September 2017. Livers asserted that the NCAA, Villanova and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. However, Livers needed to show that the NCAA and the universities “willfully” violated the …

April 26, 2018 NCAA

NCAA Writes Another Letter to Court; Urges Refusal of Employee Status to Division I Players

On April 17, 2018, counsel for the NCAA submitted another letter to the Ninth Circuit, contending that a recent ruling should bear weight on the court’s ultimate decision whether to consider Division I athletes as employees. The NCAA has been entangled in a suit with former football player, Lamar Dawson, who alleges that the NCAA violated California law and the Fair Labor Standards Act (FLSA) in its refusal to pay student athletes minimum wage or overtime. As we have recently reported, the NCAA first …

March 12, 2018 NCAA

Judge Delays NCAA $75 Million Settlement for the Fifth Time

On March 8, 2018, U.S. District Judge John Lee delayed final approval of a $75 million settlement for the fifth time after he learned that thousands of current and former NCAA student-athletes have still yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed to difficulties notifying more than 4 million student-athletes, including acquiring contact information and physically notifying the student-athletes, have prevented final approval. The most recent difficulty, and the reason for …

February 28, 2018 Antitrust / NCAA

NCAA Argues $42 Million Award is Unjustified

On February 15, 2018, an attorney representing the NCAA urged a panel of judges from the Ninth Circuit to reject a $42 million attorney’s fee award for attorneys representing student-athletes. Back in 2009, a class of players, led by former UCLA basketball player Ed O’Bannon, sued the NCAA claiming that the NCAA violated antitrust laws by wrongfully profiting off the likenesses of student-athletes and not offering scholarships at the full cost of attending the university. In 2015, the class of players won their suit; however, …

February 12, 2018 NCAA

Judge Delays NCAA $75 Million Settlement for the Second Time

On February 6, 2018, U.S. District Judge John Lee again delayed final approval of a $75 million settlement after he learned thousands of current and former NCAA student-athletes have still yet to be notified of the settlement. Judge Lee expressed his frustration with the notification process, and he once again delayed finial approval given that nearly 13,000 class members have not yet learned about the case and its proposed settlement. The $75 million dollar settlementwas initially approved by Judge Lee in July 2017. Seventy …