NCAA Using the O’Bannon Decision to Have Two Other Similar Suits Dismissed

While the NCAA is appealing the O’Bannon decision by Judge Claudia Wilken, it is using Judge Wilken’s ruling in that case as the reason why she should dismiss two other scholarship suits before her.

One lawsuit was brought by several former men’s and women’s basketball players in 11 conferences as well as football players, including former West Virginia running back Shawne Alston. The other suit covered players in men’s basketball and football, including Clemson football player Martin Jenkins.

In the O’Bannon case, Judge Wilken had …

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 13, 2014 Antitrust / NCAA

Former NCAA Football Player Testifies in the O’Bannon Trial

On June 11, Tyrone Prothro, former wide receiver at University of Alabama, took the witness stand in a landmark anti-trust lawsuit against the NCAA. Prothro is most known for his 2005 legendary play dubbed as ‘The Catch’ which unfortunately left him with horrific injuries including a broken leg which was completely destroyed three weeks later in a game against Florida. Since The Catch, Prothro underwent 10 leg surgeries that essentially ended his football career. On the other hand, Alabama received $110,000 in general scholarship fund …

June 10, 2014 Antitrust / NBA

Sterling to Oppose Forced Sale in Court

L.A. Clippers owner Donald Sterling released a statement on Monday titled, “The Team is not for Sale.” In his statement, Sterling claims he will not assent to the forced sale of his team and will fight it in court. Sterling intends to move forward with a $1 Billion lawsuit against the NBA and commissioner Adam Silver for the forced sale of the Clippers. Sterling argues that the NBA breached their contract by fining him and that it breached antitrust law by forcing a sale of …

June 7, 2014 Antitrust / NCAA

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 …

April 18, 2014 Antitrust / NFL

NFL Sacked Again in American Needle Case – May Head to Trial in Antitrust Dispute

In 2010, the Supreme Court declared that the National Football League’s practice of league-wide licensing deals was not immune from antitrust scrutiny under Section One of the Sherman Act. On remand, a recent order by the U.S. District Court for the Northern District of Illinois denied the NFL’s motion to dismiss the case and set the stage for a trial.

The American Needle company, an entity that had acted as a vendor for the NFL for 20 years, initially sued the league, 30 of its …

March 19, 2014 Antitrust / NCAA

Collegiate Athletes Bring in a Ringer for New Action Against NCAA

The National Collegiate Athletic Association (“NCAA”) is currently defending student amateurism on several fronts across the country in legal battles with big potential monetary implications. In one ongoing lawsuit, former UCLA basketball star Ed O’Bannon leads a class action on behalf of former and current NCAA players, alleging that the organization’s practice of licensing and profiting from student images and likenesses without their consent violates federal antitrust laws. Elsewhere, Northwestern quarterback Kain Colter organized a union movement at the school and requested that the National …

March 15, 2014 Antitrust / MLB

City of San Jose resumes its fight against MLB’s Antitrust Exemption

Last fall U.S. District Court Judge Ronald Whyte dismissed a lawsuit filed by the city of San Jose against Major League Baseball (MLB) in which the city claimed that MLB had wrongfully prevented San Jose from enticing the Oakland A’s to relocate to Silicon Valley. Judge Whyte had reasoned that MLB’s antitrust exemption – a status bestowed on the league in a 1922 Supreme Court decision – barred the suit and required that the action be dismissed.

On March 5, city attorneys filed a brief …

January 15, 2014 Antitrust / Intellectual Property, Copyright, and Trademark / NCAA

Supreme Court Denies NCAA’s Petition to Get “In The Game”

On January 13, 2014, the U.S. Supreme Court denied the NCAA’s request to intervene as a party in Keller v. Electronic Arts Inc. The Keller case stems from 2009 and involves “rights of publicity” and antitrust claims. Former college football players alleged that the EA violated their right of publicity and conspired with the NCAA by using their image and likeness in its videogames.

In EA’s appeal, the Ninth Circuit held that the NCAA was not immune to the players’ claims because the depictions in …

November 13, 2013 Antitrust / Intellectual Property / NCAA

The Anti-Trust Suit Isn’t Over Yet for the NCAA

U.S. District Court Judge Claudia Wilken moved the Ed O’Bannon anti-trust lawsuit forward against the NCAA. On November 8, 2013, Judge Wilken certified a class of former and current college athletes suing the NCAA. The suit began in 2009, when former UCLA basketball player Ed O’Bannon sued the NCAA for wrongfully profiting off the names and likeness of former student athletes in EA Sports video games.

The judge ruled that players can seek a verdict forcing the NCAA and its member-schools to end restrictions on …