NLRB Ends Northwestern Football Players’ Attempt at Unionization

A unanimous decision by the National Labor Relations Board on Monday ended the Northwestern University scholarship football players’ bid to unionize without addressing the key issue that has plagued collegiate athletics for so many years: whether college athletes are employees and entitled to such compensation.

The case was brought before the five-member board for review after an NLRB regional director found that the football players who put in “more hours than ‘many undisputed full-time employees’ work” are employees and thus can unionize. According to the …

July 30, 2015 Litigation / NCAA

An Uphill Battle: NCAA Embroiled In Federal Litigation On Multiple Fronts

The NCAA is under fire, defending cases in both the Northern District of California and the Ninth Circuit.

The California proceedings are now focused on attorneys’ fees – specifically, whether or not the NCAA has to pay them. Earlier this month, U.S. Magistrate Judge Nathanael Cousins, in an opinion that referenced the popular television series “Game of Thrones,” awarded Plaintiff Ed O’Bannon $46 million in attorneys’ fees. The NCAA opposed the award, claiming that O’Bannon’s legal team – which is comprised of over 30 …

July 23, 2015 Litigation / NCAA

Hold Everything: NCAA Seeks To Stay Deferred Payments to Players

On Friday, July 17, the NCAA asked the 9th Circuit Court of Appeals to pause an injunction that allows college athletes to receive deferred compensation for the use of their names, images, and likenesses. Under the injunction, the NCAA must allow for schools to pay football and men’s basketball players up to the federally defined cost of attendance, plus $5,000 per year for use of their names and likenesses, starting on August 1.

The NCAA immediately appealed Judge Claudia Wilken’s ruling, and oral arguments were …

July 16, 2015 Litigation / NCAA

Let’s Try That Again: Ex-NCAA Athletes Appeal Publicity Rights Suit to Sixth Circuit

On Monday, July 13, a group of ten former student athletes filed a notice of appeal with the Sixth Circuit regarding their publicity rights’ claims. Ultimately, this effort fits into the much larger battle of whether student athletes should receive compensation for their participation in sporting events.

The former college athletes are disputing U.S. District Judge Kevin Sharp’s dismissal of their claims on grounds that they failed to sufficiently back their arguments that they deserve compensation under Tennessee law. The plaintiffs are seeking to prove …

July 15, 2015 NCAA

Breaking The Bank: Plaintiff Attorneys In NCAA Class Action Lawsuit Awarded $46 Million In Fees

On Monday, a judge ordered that the NCAA pay plaintiffs’ attorneys’ in a class action suit initiated in 2009. The suit was brought by Ed O’Bannon and 19 others, and the payment will total $44.4 million in fees plus $1.5 million in costs.

In arguing against the award, the NCAA’s attorneys likened the situation to the book “A Tale of Two Cities” by Charles Dickens, claiming this was “a tale of two lawsuits,” as the lawsuit underwent significant changes in 2012.

In response to the …

June 26, 2015 NCAA

No Escape: Former Basketball Coach Says NCAA Cannot Be Dismissed from Firing Suit

On Monday, June 22, Michele Sharp argued that the NCAA got what it wanted when Kean University fired Sharp and should not be dismissed from her wrongful firing suit. The former women’s basketball coach filed her original complaint in January 2014 against Kean and a number of its administrators. When that complaint was dismissed, she filed an amended complaint at the beginning of 2015, adding the NCAA and her previous counsel as defendants.

In the lawsuit, Sharp argues that Kean officials unfairly punished her …

June 21, 2015 NCAA

Sandusky Scandal: NCAA Rebuts Claims Answer was Insufficient

The NCAA is currently playing defense in a lawsuit brought by the estate of the late Joe Paterno, former head coach of Penn State University’s football team. The lawsuit alleges that the NCAA failed to adequately deny defamation, along with other claims in the aftermath of the Jerry Sandusky sex abuse scandal.

The estate now argues that the NCAA’s answer failed to include sufficiently specific denials of the estate’s allegations, thus the estate should be granted final judgment. The NCAA responded, claiming that “[d]espite …

June 16, 2015 Concussions / NCAA

NCAA Concussions: Conflict Between Plaintiff And Plaintiff’s Attorney Continues

Recently, ex-NCAA football player, Saints wide receiver, and lead plaintiff in NCAA concussion litigation Adrian Arrington claimed that he never agreed to a $75 million proposed concussion settlement that is currently under review by an Illinois federal court judge. He subsequently fired Joseph Siprut, his attorney.

Joseph Siprut fired back on Thursday, stating that Arrington’s claims that he never agreed to the $75 million deal and that he was misinformed were “demonstrably false.” Siprut further explained:

“It is absolutely a false statement that [Arrington]

June 13, 2015 Concussions / Litigation / NCAA

NCAA Concussions: Unhappy with Proposed Settlement, Player Fires Attorney

Former NCAA football player and Saints wide receiver Adrian Arrington said in a statement on Tuesday that he wants the Illinois federal judge considering a $75 million NCAA concussion settlement, in which Arrington is a lead plaintiff, to reject it. He claims that the first time he learned about the settlement was not from his attorney, but through the media:

“I feel that I have been misinformed and the preliminary settlement doesn’t address the reasons I filed the lawsuit in the first place …