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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NCAA Athlete Compensation: Ninth Circuit Denies Plaintiffs Request for Rehearing En Banc

On Wednesday, December 16, 2015, the Ninth U.S. Circuit Court of appeals denied a rehearing request for its prior ruling in O’Bannon v. NCAA — the case involving the issue whether Division I student athletes should be compensated. Ed O’Bannon, the named plaintiff representing student athletes, seemingly won at the trial court level. District Judge Claudia Wilken found the NCAA’s ban on compensating student athletes violates federal antitrust laws. Judge Wilken concluded that “less restrictive” means were available to preserve student athletes’ amateur status. She…
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NCAA Antitrust Litigation: Iowa State Disputes Discovery Demands

Iowa State University recently voiced its objections to discovery requests made by a class of student-athletes in an antitrust litigation against the NCAA. The university contends that the discovery requests are burdensome, over broad, and involve protected private information. The antitrust suit, brought by a certified class of student-athletes, challenges the NCAA rules that bar students from receiving financial aid beyond cost of attendance. Although Iowa State is not a named party to the suit, it objected to a subpoena it received from the class,…
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Pro Athletes File Amicus Brief Supporting NCAA Players’ Likeness Suit

On December 7, 2015 , professional athletes filed an amicus brief in support of a likeness suit brought by two former NCAA basketball players against a media company that sold game-time photographs of the ex-college athletes. Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team — initially brought the likeness suit in relation to a deal the NCAA made with media company T3Media in 2012 to host and license the league’s photo library. Through this deal,…
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Time Out: NCAA Shoots Back Against Former QB’s Proposed Class Certification

On Thursday December 3, 2015, the National Collegiate Athletic Association filed a motion in opposition to a proposed class certification in an Indiana federal court. Former Gardner-Webb University quarterback John Rock filed for certification earlier this year, and had requested the court to order the NCAA to produce documents to help certify the class and ascertain individual members. Rock originally filed suit against the NCAA in 2012, which was subsequently dismissed in 2013 without prejudice; currently, after amending his complaint, Rock is seeking class certification…
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2001 NCAA Basketball Champs Appeal 9th Circ. Dismissal of Likeness Suit

In March of this year, U.S. District Judge Andre Birotte Jr. dismissed a lawsuit brought by former NCAA basketball players alleging that the licensing of copyrighted photographs violated their right of publicity. Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team—initially brought the suit in relation to a deal the NCAA made with T3Media in 2012 to host and license the league’s photo library. Through this deal, the public could purchase non-exclusive licenses to the copyrighted…
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NCAA Responds to Objections Over Concussion Settlement

On November 16, 2015, the NCAA responded to objections made earlier this month in relation to the proposed $75 million concussion settlement offered by the NCAA to monitor symptoms of concussions in current and former athletes. A couple of weeks ago, Adrian Arrington — former member of the Eastern Illinois University football program — objected to the proposed NCAA settlement, claiming that it will not help former college athletes that have already incurred out-of-pocket expenses related to diagnosed injuries. Arrington also voiced his concern that…
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Former Quarterback Seeks Additional Docs to Support Class Certification Against NCAA

John Rock, former Gardner-Webb University quarterback, has urged the NCAA to turn over information that he believes will help establish class certification. Rock initiated an antitrust suit against the NCAA back in 2012, alleging that the organization’s “artificial” scholarship cap and former prohibition on multi-year athletic-based scholarships represented illegal restraints on trade. The suit was later dismissed in 2013, based on the Indiana District Court’s finding that the plaintiff failed to identify a “cognizable market” that suffered from the “anti-competitive” effects of the NCAA’s regulations.…
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Former Weber State Cornerback Files Antitrust Class Action Against NCAA

On November 5, 2015, a class action was filed against the NCAA in Indiana federal court. The NCAA, which has been the target of several lawsuits over student-athlete compensation restrictions, is now being attacked for anti-competitive transfer regulations. Devin Pugh, named plaintiff and former Weber State cornerback, challenges the NCAA’s year-in-residence requirement and seeks to abolish scholarship caps. The NCAA’s current residency restrictions require student-athletes to take one season off when transferring between top-level schools. In the complaint, Pugh urges that the “NCAA’s limitation on…
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