The Big Leagues: NCAA Requests Extension to Appeal to SCOTUS Over Student-Athlete Compensation

On Thursday, March 3, 2016, the National Collegiate Athletic Association requested a 30-day extension to appeal from a Ninth Circuit ruling which held that the NCAA ban on compensation for the use of student athletes’ images and likenesses violated the Sherman Anti-Trust Act. The litigation began in 2009 when former UCLA basketball player Ed O’Bannon and former ASU and University of Nebraska quarterback Sam Keller filed separate lawsuits against the NCAA, Electronic Arts Inc., and Collegiate Licensing Co. The original lawsuits claimed in part that…
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“No Subs Allowed” — NCAA Responds to Former Footballer’s Proposed Intervention Bid

On Monday, February 9, 2016, the NCAA responded to a former college football player’s bid to intervene as a proposed class representative in an antitrust lawsuit against the association, stating such intervention is unjustified in the pending Indiana federal court action. The response comes nearly two weeks after ex-Weber State University cornerback Devin Pugh filed a motion to replace former Gardner-Webb University quarterback John Rock in the event Rock was found to be an inadequate class member. Rock had filed suit to challenge the number…
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An Insight into Understanding CTE and its Role in NFL Concussion Litigation

As another NFL season wrapped up over the weekend with the Denver Broncos defeating the Carolina Panthers in Super Bowl 50, fans might be wondering just how they are going to fill their football-less void for the next six months. Well, the NFL might actually be in the news more heavily this offseason compared to years past — although not necessarily for a good reason. Concussions, head trauma, CTE — these are words being tossed around on almost a daily basis from every news outlet…
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NCAA to Review Instant Replay, Targeting Rules in Football

The National Collegiate Athletic Association announced on Thursday, February 4, 2016, that it intends to review certain rules to increase and promote football safety next season. The proposed rule changed will be analyzed by the NCAA Football Rules Committee during its upcoming meeting, scheduled for February 9-11. According to the NCAA, the committee will primarily be concerned with discussing potential rule changes to promote the improvement of health and safety in the sport of football – a wise stance to take as the wave of…
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NCAA Concussions: Judge Signs Off on NCAA Settlement, Subject to Modifications

On January 26, 2016, U.S. District Judge John Z. Lee granted preliminary approval of the $75 million settlement offered by the NCAA in a concussion litigation brought by a class of current and former student-athletes. However, in approving the settlement, the court added certain modifications, which the NCAA will have to accept in order for the agreement to take effect. The proposed NCAA settlement included an agreement to contribute $70 million toward a medical-monitoring fund, which would be used to screen current and former student-athletes…
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FSU Settles Civil Suit with Winston Accuser

On Monday, January 25, 2016, it was announced that Florida State University had agreed to settle a federal lawsuit against it with former student Erica Kinsman for a purported $950,000. Kinsman had filed the lawsuit against the school in January 2015 on Title IX grounds, spawning from allegations made by her accusing former FSU and current Tampa Bay Buccaneers starting quarterback Jameis Winston of sexual assault. According to Kinsman’s complaint, Winston raped her while she was in an inebriated state following the two meeting in…
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Former Cornerback Seeks Intervention in NCAA Scholarship Suit

On January 22, 2016, Devin Pugh, former Weber State University cornerback and named plaintiff in a punitive class action suit against the NCAA, filed a motion to intervene into a similar suit brought against the NCAA over the leagues limits on scholarships for Division I athletes. Pugh filed his motion to intervene and join the proposed antitrust suit brought by John Rock over the NCAA’s “artificial” limits on scholarships offered to athletes who compete in Division I football programs. Rock’s suit is grounded on…
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NCAA Council Loosens Grip on D-I Basketball, NBA Draft

Restrictions became a bit looser for NCAA basketball players hoping to become drafted to the NBA. On January 13, 2016, the NCAA D-I Council adopted a proposal “that, among other provisions, changes the date by which a student must remove his name from the NBA draft.” Cody McDavis of the Division I Men’s Basketball Oversight Committee stated that the new rule “is a good idea because it provides men’s basketball student-athletes the opportunity to test their dream of going beyond the stage of amateurism into…
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Sports Litigation and Cases to Keep an Eye on in the New Year (Part II)

Part one of our look ahead at some of hottest sports litigation topics focused on the Deflategate appeal and the battle in New Jersey over the legalization of sports betting. Today, we’ll look at the latest surrounding the NCAA anitrust litigation, concussion litigation in the NHL, and the FIFA corruption scandal. NCAA Antitrust Litigation The Ninth Circuit’s recent decision in O’Bannon v. NCAA cleared the way for collegiate schools to offer student athletes the full cost of attending college, but also prevents schools from…
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Sports Litigation and Cases to Keep an Eye on in the New Year (Part I)

2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016. “Deflategate” Appeal Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular…
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