NCAA Likely to Face Another Round of Concussion Claims

On September 28, 2018, U.S. District Court Judge John Lee allowed two former Purdue University football players to proceed with most of their putative claims that the NCAA and the Big Ten Conference hid risks of repetitive brain trauma. The former football players, Michael Rose and Timothy Statton, are hoping to lead a class of former student-athletes who sustained head trauma while playing football for Purdue from 1952 to 2010. Their case stems from the “NCAA $75 Million Settlement.” As we have previously reported,…
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UW Chancellor and AAC Commissioner Each Testify at NCAA Antitrust Trial

On September 17, 2018, University of Wisconsin-Madison (UW) Chancellor, Rebecca Blank, and American Athletic Conference (AAC) Commissioner, Michael Aresco, each testified in the NCAA Antitrust trial. As we have previously reported, in this lawsuit a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to compete for top college recruits. Pursuant to Chancellor Blank’s testimony, UW is considering dropping its athletic program in the event that the court forces…
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NCAA Sanctions Alabama A&M for Miscertifying Student Athletes

Alabama A&M University has been hit with severe penalties from the NCAA for what the organization called, “some of the most extensive and widespread certification failures in recent case history.” The University was determined to have miscertified 101 student athletes across 14 sports, allowing them to compete and receive travel benefits despite failing to meet academic eligibility requirements, such as minimum credit hours or academic degree criteria. The NCAA also noted in their release that Alabama A&M “did not withhold 60 of the student-athletes from…
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Notices in the NCAA $75 Million Settlement Finally Complete

On September 12, 2018, attorneys representing the NCAA notified U.S. District Judge John Lee that the direct notice portion in the $75 million dollar NCAA Concussion Litigation case had ended. As we have continued to report, Judge Lee has delayed the final approval of a $75 million settlement several times after he learned that thousands of current and former NCAA student-athletes were yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed…
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Former College Athletes Testify in NCAA Antitrust Trial

On September 7, 2018, three former college athletes, Shawne Alston, Martin Jenkins, and Justine Hartman, each testified that the NCAA “exploited them” by pushing them to prioritize athletics over academics. As we have previously reported, in this lawsuit a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to compete for top college recruits. Hartman, a former University of California basketball player, testified that the NCAA exploited her by…
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Update: No Documents for Defendants in NCAA Corruption/Bribery Case

On September 5, 2018, U.S. District Judge Lewis A. Kaplan denied Merl Code, Christian Dawkins, and James Gatto (the defendants) access to certain documents. According to the opinion, during discovery, the defendants had as the United States government to turn over certain “documents and/or communications.” However, it is unclear exactly what information the defendants were seeking because the court opinion was heavily redacted. As we have previously reported, in February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to…
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Sparks Fly on Day Two of the NCAA Antitrust Trial

On September 5, 2018, a Stanford University professor, Dr. Roger Noll, testified as an economist expert on behalf of the college athletes in the ongoing NCAA antitrust trial. Dr. Noll criticized the NCAA’s amateurism rules, claiming that college basketball and football is not a “fragile enterprise dependent on how much players get paid.” As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for…
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NCAA Antitrust Trial Starts With a Bang

On September 4, 2018, University of San Francisco professor, Daniel Rascher, testified as an economist expert on behalf of the college athletes. In his testimony, Rascher likened the NCAA to an illegal “cartel” because to their habitual practice of limiting how much money college athletes could be paid. As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to…
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NCAA Antitrust Bench Trial Set to Begin

On September 4, 2018, U.S. District Judge Claudia Wilken is set to preside over a bench trail between the NCAA and a group of college athletes who want an injunction placed on NCAA amateurism rules. This lawsuit, brought by a class of college athletes, came in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athlete’s ability to profit from their likenesses were anti-competitive. However, as we have previously reported, the final decision, in O’Bannon, held that…
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TaylorMade Takes Case to Patent Trial and Appeal Board

On August 30, 2018, the United States Patent Trial and Appeal Board (PTAB) agreed to hear two challenges by TaylorMade Golf Company, Inc. (TaylorMade) against its fellow golf manufacture rival, Parsons Xtreme Golf LLC (Xtreme). The patents in question, US Patent No. 9,199,143 and US Patent No. 8,961,336 were previously filed by Xtreme and have remained a source of contention between the two companies for over a year. Back in September 2017, Xtreme accused TaylorMade of selling golf clubs that infringed multiple of Xtreme’s patents,…
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