O’Bannon Evidence to be Used by both Litigants in NCAA Antitrust Trial

In a controversial move, U.S. District Judge Wilken has announced that, in the antitrust action brought by student athletes against the NCAA, she will admit evidence from the O’Bannon case, despite objections from both litigants. In the case at hand, the athletes are pursuing claims that the NCAA illegally restrains their income potential by prohibiting pay beyond the students’ scholarship. Judge Wilken’s statement permitting the use of O’Bannon evidence will allow the NCAA in to use O’Bannon’s expert testimony for impeachment purposes, and will also…
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NCAA Adopts New Policies Amid Bribery Scandal

On August 8, 2018, the NCAA announced sweeping policy changes specifically targeting NCAA Men’s Basketball. These policy changes come in the midst of an ongoing bribery scandal. As we have previously covered, the scandal involved two alleged schemes that rocked NCAA Men’s Basketball. The first scheme involved NCAA basketball coaches who solicited and accepted bribes from financial advisers and, in return, promised to persuade players to send business to those financial advisers once the players turned professional. The second scheme involved efforts to secretly…
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NCAA Bribery Scandal UPDATE: Former Auburn Coach Moves to Dismiss Charges

On July 27, 2018, Chuck Connors Person, a former NBA player and former Auburn University assistant coach, asked the court, once again, to dismiss the government’s charges against him. According to Person’s memorandum, “the government filed a superseding indictment, which abandoned the original wire fraud conspiracy theory and presented an entirely different wire fraud charge against Person. However, the superseding indictment did not fix any of the problems of the original indictment and, according to Person, the government “failed to advance any persuasive arguments…
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Judge Denies NCAA’s Motion to Dismiss in Student Athlete’s Wage Suit

On July 25, 2018, U.S. District Judge Michael M. Baylson denied the NCAA and Villanova University’s motion to dismiss in Lawrence “Poppy” Livers’ amended lawsuit. As we have previously reported, Livers sued the NCAA claiming that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. The NCAA and Villanova moved to dismiss the amended lawsuit because it was…
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NCAA Analyzes the Impact of Legalized Sports Betting

On July 19, 2018, the NCAA announced that it was analyzing the impact of legalized sports betting by creating an internal team of experts. The team of experts would exam the long-term effects of legalized sports betting and its impact on college sports, including its impact on officiating, rules, and the used of integrity services. The NCAA said it remains opposed to legalized sport betting and is focused on protecting student-athletes and the integrity of their events. According to NCAA chief legal officer Donald Remy,…
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Former Louisville Basketball Players Sue NCAA

In February 2018, the University of Louisville men’s basketball program was forced to vacate 123 wins from the 2011-2014 seasons. This included Louisville’s 2013 national championship, making Louisville the first university to have to vacate a national title. The program was forced to vacate these wins and pay fines by the National Collegiate Athletic Association (NCAA) due to multiple NCAA infractions. The infractions revolved around former staff member Andre McGee of the men’s basketball team allegedly hiring exotic dancers and escorts to entice recruits to…
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Update: NCAA $75 Million Settlement Delayed Again

On July 2, 2018, in a joint motion, both parties in the NCAA $75 million concussion settlement asked the court to, once again, push back a final hearing in the $75 million settlement. The parties asked the court to push back the hearing for the same reasons that settlement has been delayed over the past several months, not all of the possible class members have been provided proper notice regarding the settlement. If the judge grants the motion, it will be the sixth time…
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Update: University of Maryland Basketball Subpoenaed in NCAA Corruption/Bribery Case

On July 6, 2018, the University of Maryland Men’s Basketball team responded to Federal Grand Jury subpoenas requesting records in the NCAA Corruption/Bribery Case. Specifically, the Grand Jury asked Maryland for records regarding an unidentified former player, assistant coach Orlando “Bino” Ranson, and Silvio De Sousa, a recruit who ultimately attended the University of Kansas. After responding to the subpoenas, Maryland made a public statement that read, “[t]he University has cooperated and will continue to cooperate fully with the ongoing federal investigation.” As we have…
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Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants.  The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries.  The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years. On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a…
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NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…
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