On Appeal, Former USC Linebacker Tackles Judge’s Ruling with Misapplication of Law Claims

In September 2016, Lamar Dawson, a former USC linebacker, filed a class-action suit against both the NCAA and Pac-12 Conference alleging violations of the Fair Labor Standards Act and California Labor Law. Dawson claimed the NCAA and Pac-12 failed to pay athletes minimum wage, failed to pay overtime, and failed to make timely compensation to athletes. He argued that he, among other student athletes, were without a doubt employees.

The NCAA and Pac-12 moved to dismiss the suit in January 2017, and in April, Judge …

September 29, 2017 NCAA

Louisville Ejects Coach Rick Pitino Following FBI Bribery Investigation

Amid a federal bribery scandal, on Wednesday, September 28, 2017, the University of Louisville placed head basketball coach Rick Pitino on unpaid administrative leave, which, according to his lawyer, means he has “in effect, been fired.” Federal prosecutors allege Pitino and executives at Adidas funneled $100,000 to the family of a recruit to play basketball at Louisville – a program Adidas sponsors. Louisville’s athletic director, Tom Jurich, was placed on paid leave. Neither Pitino nor Jurich were specifically named in the criminal complaints …

September 28, 2017 NCAA

Bribery Scandal Rocks the NCAA

Federal investigators in New York arrested ten individuals and then publicized three complaints on Tuesday, September 26, 2017 that depict a thriving black market for teenage athletes and “the dark underbelly of college basketball.” The covert probe began in 2015, when a fallen financial adviser agreed to wear a wire for the FBI. Calls and meetings were wiretapped, and coaches unknowingly talked to undercover agents posing as financial advisors.

One scheme involved four NCAA assistant basketball coaches at schools in the “Power 5” conferences of …

September 23, 2017 Concussions / NCAA

Former Player Objects to Class Counsel Fee Request in NCAA Deal

Despite a final approval on the settlement for the class of former football players’ suit against the National Collegiate Athletic Association (NCAA) for its handling of concussions, there is still a dispute over how much the class counsel should get for attorney fees. Class counsel requested $15 million for attorney fees, but a former college football player, Anthony Nichols, told the judge that the counsel should not get more than $8 million. Nichols based this number off of the fact that the initial settlement had …

September 19, 2017 NCAA

Ninth Circuit Refuses Reconsideration of NCAA No-Felons Rule

On September 11, 2017, the Ninth Circuit refused to reconsider its ruling that the NCAA could continue its policy excluding convicted felons from coaching in NCAA youth basketball tournaments. The denial of reconsideration stems from a lawsuit brought by Dominic Hardie, a youth basketball coach, who had a drug-related felony from 2001.

Hardie sued the NCAA in February 2013 claiming that the NCAA had abandoned a policy that forgave nonviolent felonies after seven years. According to Hardie’s brief, African-Americans are more than three times …

September 14, 2017 NCAA

Fight for Legal Fees Begins in $209 Million Student-Athlete vs. NCAA Settlement

On Wednesday September 6, 2017, plaintiff’s lawyers in a class-action antitrust lawsuit against the NCAA, which settled for $208.7 million, filed for nearly $45 million in legal fees and costs. More than $41 million of that amount would cover attorney’s fees, $3.2 million would cover costs and expenses, and $20,000 each would go as a reward to the four class representatives. The overall fee request would make up only 21.5 percent of the settlement.

The lawyers argue the fee request is adequate considering the Ninth …

September 12, 2017 NCAA / Trademark

Game Developer Moves to Transfer Trademark Suit Outside of NCAA Home Ground

On August 31, 2017, defendant Kizzang LLC, a game developer, filed a motion in its case against the NCAA to either move the case from the Indiana Federal Court or dismiss it for lack of jurisdiction and venue. The suit stems from the allegations that Kizzang infringed on the NCAA’s trademarks, “March Madness” and “Final Four.”

Kizzang claimed the NCAA filed the suit in the Indiana Federal Court only out of convenience and that none of its allegations included any direct contact with the …

September 8, 2017 Concussions / Litigation / NCAA

NCAA Women’s Lacrosse Players Object to Concussion-Related Settlement

Former NCAA women’s lacrosse player Samantha Greiber filed an objection to a proposed settlement reached in class-action litigation against the NCAA over concussions. Greiber alleges she suffers from permanent brain injuries due to concussions sustained from playing lacrosse at Hofstra University. She wanted to wear a helmet to prevent, or at least, minimize her injuries, however, the NCAA currently bars female players from wearing hard helmets, but requires them for male players. Greiber objects to the proposed settlement because it would bar Women Lacrosse Players …

August 24, 2017 Litigation / NCAA

SCA Promotions “Bounces Back”: Yahoo Owes Millions for Backing Out of NCAA Bracket Prize

Back in 2014, Yahoo promised college basketball fans a “Billon-Dollar Bracket,” which allowed anyone who could predict every winner in the 2014 NCAA men’s basketball tournament $1 billion dollars. To create this contest, Yahoo entered into an $11 million dollar contract with prize promoter SCA Promotions. Once the contract was finalized, SCA went looking to find insurance coverage for the grand prize. However, at the same time, Warren Buffet’s Berkshire Hathaway and Quicken Loans came up with their own $1 billion prize, and …

June 20, 2017 NCAA

NCAA Responds to Former NIU Punters Attempt to Revive Antitrust Challenge

The NCAA has urged the Seventh Circuit to reject the appeal of former Northern Illinois University punter, Peter Deppe. As mentioned in our previous post, Deppe’s proposed class action suit, which revolves around the NCAA’s transfer rules and eligibility bylaws, was dismissed in March, 2017. In a Wednesday, June 14, 2017 brief, the NCAA voiced their opinion on Deppe’s appeal and his interpretation of a 2012 Seventh Circuit decision.

Deppe claims that the Seventh Circuit decision requires the NCAA to prove the transfer rules …