December 11, 2019 Concussions / Hockey / NCAA

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 …

December 2, 2019 Baseball / NCAA

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 …

November 18, 2019 Class Actions / Labor & Employment / Litigation / NCAA

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 …

November 12, 2019 Antitrust / Class Actions / Litigation / NCAA / Rights

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 …

November 6, 2019 Antitrust / Contract / Legislation / Litigation / NCAA

NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation.

The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the …

November 4, 2019 Antitrust / Legislation / NCAA

NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation.

Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move …

October 15, 2019 Litigation / NCAA / Sponsorships

(Anti)trust the Process: Could a Ban-But-Not-Break Gamble lead to the NCAA’s Doomsday Scenario?

Money and power. The NCAA for years has had both but now may end up with neither.

The recent passing of California’s Fair Pay to Play Act has the potential to fundamentally change college sports forever. This groundbreaking legislation allows athletes from in-state schools to earn compensation through endorsements. Trying to prevent the floodgates from opening, the NCAA is firmly planting its foot down, demonstrating its unwillingness to move off the status quo. Instead, they are threatening to ban California schools from competition rather than …

October 7, 2019 Litigation / NCAA / Sponsorships

Ex-Athlete, Now Congressman, Ready to Suit Up Against the NCAA

On September 30, 2019, it was reported that California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. Previously, we have reported that the bill will allow student-athletes at the 58 member schools within California to receive compensation for the use of their name, image, and likeness.

Within days of Newsom signing California’s Fair Pay to Play Act, U.S. Congressman Anthony Gonzalez, of Ohio, announced his intention to propose a federal bill to give student-athletes the opportunity to benefit from the use …

October 4, 2019 Litigation / NCAA / Sponsorships

Pennsylvania and Florida Latest to Introduce Bills to Pay Student-Athletes

The bandwagon keeps rolling — Florida and Pennsylvania have become the latest states to introduce legislation that would allow student-athletes to earn compensation through endorsements and sponsorships. Like the recent bill signed into law in California, which allows student-athletes to receive compensation for the school’s use of their name, image, and likeness, state legislators in Florida and Pennsylvania introduced their own versions of the Fair Pay to Play Act.

On September 30, 2019, Florida state Rep. Kionne McGhee introduced House Bill 251–a bill that would …

October 1, 2019 Legislation / NCAA / Sponsorships

California First State to Pay Student-Athletes

On September 30, 2019, California Gov. Gavin Newsom signed the Fair Pay to Play Act. Groundbreaking legislation and the first of its kind, this act will allow California student-athletes to earn compensation through endorsements or sponsorships.

As we have continued to report, the legislation – now law – comes on the heels of the heated debate across the country on whether student-athletes should be compensated for their services. California is now the first state in the country to allow student-athletes at the 58 member …