UPDATE: Former USC Coach Losses Defamation Suit Against the NCAA

On May 21, 2018, a jury returned a verdict of 9-3, found that the NCAA did not defame former University of Southern California assistant football coach Todd McNair in its 2010 and 2011 statements. As we have previously reported, McNair accused the NCAA’s Infractions Committee of ending his coaching career in June 2010 when it found him guilty of unethical conduct in connection with the impermissible-benefits scandal involving the Reggie Bush scandal. The Reggie Bush scandal, also known as the Bush/O.J. Mayo scandal, arose …

May 24, 2018 NCAA

Putative Class Action against NCAA and Universities Dismissed for Untimeliness

On May 17, 2018, a federal judge dismissed a putative class’ wage suit against the National Collegiate Athletic Association (NCAA) and several universities for failing to file within the two-year period required under the statute of limitations. Lawrence “Poppy” Livers, a former Villanova University football player, brought a claim in September 2017, asserting that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Specifically, Livers contended that he and other college athletes with scholarships should …

May 23, 2018 Litigation / NCAA

Update: Foul Ball Leads to Lawsuit Against College and NCAA

On February 14, 2018, former Division II college baseball player Joseph Gutowski filed suit against West Chester University of Pennsylvania and the NCAA after injuries he sustained during a game in 2016.

In his complaint, Gutowski alleges that a foul ball hit him directly in the head during a home game in April 2016, while he was seated on the players’ bench in the dugout. Claiming permanent injuries, he is now seeking damages for breach of contract, negligence, unjust enrichment, and negligent infliction of …

May 23, 2018 NCAA

NCAA’s Response to Legal Gambling: Rule Changes and Support for Federal Regulation

In response to the May 14, 2018 Supreme Court ruling which opened the door for states to legalize sports gambling, the National Collegiate Athletic Association (NCAA) released a statement outlining its reaction to the decision. The statement is headlined with support for federal regulation of the sports gambling industry as a “necessary safeguard to the integrity of college sports.” In addition, the NCAA Board of Governors has temporarily suspended its rule prohibiting championship events from being held in states that offer legal sports betting in …

May 4, 2018 NCAA

NCAA Hopeful to Turn Over New Leaf in Wake of Scandals

On April 25, 2018, an NCAA commission circulated a report it believes will address internal corruption, which, in recent times, has seemingly saturated the realm of collegiate sports. The commission is led by former secretary of state, Condoleeza Rice, who was chosen by NCAA president, Mark Emmert to lead the charge and pen the report. In doing so, Rice was tasked with recommending some well-needed changes which could remedy issues within the NCAA’s internal affairs and improve its relationships and interactions with collegiate athletes going …

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 …

April 17, 2018 Concussions / Litigation / NCAA

Widow of Notre Dame Football Player Hopeful for CTE Suit to Stand

As we have previously covered, the wife of former Notre Dame football player, Steven Schmitz, filed a lawsuit targeting Notre Dame and the NCAA in 2014 on behalf of her late husband. She is seeking to recover for the college and organization’s alleged “reckless disregard” for the safety of college football players, specifically during the time period that Schmitz spent playing for the team in the 1970s, which led to his diagnosis of chronic traumatic encephalopathy (CTE) in 2012, and his ultimate passing in …

April 16, 2018 NCAA

Update on Lamar Dawson’s Student-Athlete Wage Suit

On April 4, 2018, attorneys representing the NCAA wrote a letter to the Ninth Circuit notifying the court that the U.S. Supreme Court recently reversed a Ninth Circuit decision that the plaintiff, Lamar Dawson, cited in his opening brief. As we have previously reported, Dawson began a class-action lawsuit in September 2016, alleging the NCAA and Pac-12 violated California law and the Fair Labor Standards Act (FLSA) by not paying student-athletes minimum wage or overtime. In April 2017, the NCAA’s motion to dismiss was …

April 11, 2018 NCAA

Scope of NCAA Corruption and Bribery Case Grows

On April 10, 2018, attorney Robert S. Khuzami added the University of Kansas and North Carolina State University to the list of NCAA basketball programs involved in the NCAA corruption and bribery case. As we have continued to cover, this case involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports business manager Christian Dawkins. Each stand accused of facilitating six-figure payments to basketball players and their families in exchange for promises that the players would enroll at Adidas sponsored NCAA Division I …

April 4, 2018 Litigation / NCAA

College Athlete Compensation Suit Moved to Trial

On March 28, 2018, U.S. District Judge Claudia Wilken ruled the 2015 O’Bannon decision did not bar the recent NCAA antitrust lawsuit. As previously covered, a class of college athletes are attempting to obtain a judgement that would lift the cap on college athlete’s compensation. In their lawsuit, the college athletes argued that the NCAA violated federal antitrust law by conspiring to impose an artificial ceiling on the scholarships and benefits that college athletes may receive as payment for their athletic services, which arguably have …