Federal Judge Rejects Amended Complaint in Ohio State Sexual Assault Case

A federal judge overseeing a sexual assault lawsuit against The Ohio State University (OSU) has denied the plaintiffs’ motion to amend the complaint for the time being, stating that the parties need to focus on mediation. Hundreds of former athletes and others have filed lawsuits against OSU, alleging that university doctor Richard Strauss, now deceased, sexually abused or assaulted them. In May 2019, law firm Perkins Coie LLP released an investigative report concluding that Strauss sexually abused at least 177 men during his tenure at…
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Instant Impact: Why Former UGA Standout Cade Mays Will Likely Receive Transfer Waiver to Play in 2020

As astutely pointed out by Rustin Cohle in True Detective, “time is a flat circle.  Everything we have done or will do, we will do over and over and over again – forever.”  For any fans of college football, this certainly rings true as it pertains to NCAA transfers. This week, prominent University of Georgia sophomore offensive tackle Cade Mays entered into the infamous transfer portal, and all signs point to his instant enrollment at the University of Tennessee. Georgia is no stranger to…
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NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases. After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model. In addition to new laws and proposed legislation, the NCAA…
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It’s All About the Benjamins: Ex-Kansas Head Coach’s Breach of Contract Suit

David Beaty, former head coach of the Kansas University (KU) Jayhawks football team, has filed a breach of contract lawsuit against the university. KU hired Beaty in December 2012, where he initially  received an annual salary of $800,000 on a five-year contract. Following the 2016 season, Beaty received a two-year extension with a $1.8 million annual salary. The contract stipulated a payout, worth approximately $3 million, if KU terminated Beaty without cause. Notably, the payout was not linked to Beaty’s salary. In 2018, KU hired…
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New Jersey State Assembly’s Not-So-Flowery Debate on Student-Athlete Pay

New Jersey is the latest state to advance a student-athlete pay-for-play bill. On November 14, 2019, New Jersey State Assemblywoman Lisa Swain and Assemblyman P. Christopher Tully introduced Assembly Bill 5863, or the New Jersey Fair Play Act. Previously, we reported a slate of states, including California, passed or introduced student-athlete compensation bills. Like many of those bills, the New Jersey bill will allow student-athletes to earn compensation using their name, image, or likeness. However, some New Jersey State Assembly members voiced their concerns with…
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An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia. As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools…
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Leave Us Out of It: NCAA Field Hockey Concussion Suit

On December 2, 2019, the NCAA filed a reply memorandum in support of its motion for summary judgment against former American University student-athlete, Jennifer Bradley. In April 2014, Bradley filed suit against the NCAA, American University, and other entities and individuals. Bradley alleged the defendants breached their duty of care after she suffered a head injury while competing in a NCAA field hockey match. During a September 2011 match, Bradley was hit in the head with a hockey stick. She soon began to experience signs…
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NCAA Upholds Penalties Against Mizzou, Including Postseason Bans

An NCAA appeals committee upheld a series of penalties against the University of Missouri (Mizzou), including postseason bans, after a tutor was found to be completing coursework for several student-athletes. The NCAA Committee on Infractions initially penalized Mizzou in January 2019. The tutor was employed by the university from 2010 to 2016 and began to complete student coursework in the summer of 2015. The tutor interpreted a pay raise as school approval of her behavior. She completed assignments, quizzes, exams, and even an entire course…
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One More Time: New Lawsuit Argues NCAA Must Pay Athletes Minimum Wage

Trey Johnson, a former defensive back for Villanova University, has sued the NCAA, arguing that the organization has violated federal labor law and that it must pay student-athletes a minimum wage. In his lawsuit, Johnson argues that student-athletes clearly constitute employees under the Fair Labor Standards Act (FLSA). Specifically, he notes that college students in work-study programs are classified as employees, meaning that they are subject to minimum wage laws. Meanwhile, student-athletes, who work longer schedules and create the need for some of these work-study…
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NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon…
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