Update: No Documents for Defendants in NCAA Corruption/Bribery Case

On September 5, 2018, U.S. District Judge Lewis A. Kaplan denied Merl Code, Christian Dawkins, and James Gatto (the defendants) access to certain documents. According to the opinion, during discovery, the defendants had as the United States government to turn over certain “documents and/or communications.” However, it is unclear exactly what information the defendants were seeking because the court opinion was heavily redacted. As we have previously reported, in February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to…
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Sparks Fly on Day Two of the NCAA Antitrust Trial

On September 5, 2018, a Stanford University professor, Dr. Roger Noll, testified as an economist expert on behalf of the college athletes in the ongoing NCAA antitrust trial. Dr. Noll criticized the NCAA’s amateurism rules, claiming that college basketball and football is not a “fragile enterprise dependent on how much players get paid.” As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for…
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NCAA Antitrust Trial Starts With a Bang

On September 4, 2018, University of San Francisco professor, Daniel Rascher, testified as an economist expert on behalf of the college athletes. In his testimony, Rascher likened the NCAA to an illegal “cartel” because to their habitual practice of limiting how much money college athletes could be paid. As we have previously reported, in this particular lawsuit, a class of college athletes are attempting to challenge the existing NCAA amateurism rules and attempting to create an open market for various NCAA schools to…
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NCAA Antitrust Bench Trial Set to Begin

On September 4, 2018, U.S. District Judge Claudia Wilken is set to preside over a bench trail between the NCAA and a group of college athletes who want an injunction placed on NCAA amateurism rules. This lawsuit, brought by a class of college athletes, came in the wake of the O’Bannon decision, where a court held that NCAA rules prohibiting college athlete’s ability to profit from their likenesses were anti-competitive. However, as we have previously reported, the final decision, in O’Bannon, held that…
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College Athletes Move to Force America East Conference Commissioner to Testify

On August 22, 2018, a class of college athletes filed a motion to compel the testimony of Amy Huchthausen, Commissioner of the NCAA America East Conference. According to the motion, the NCAA canceled Ms. Huchthausen’s deposition two days before she was scheduled to be deposed. The NCAA claimed that she was no longer going to be called as a witness at the upcoming college athlete’s compensation trail, a stark contrast to their previous statements. As we have previously reported, a class of college athletes…
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NCAA Determines Former ULM Assistant Basketball Coach Engaged in Misconduct

On August 17, 2018, an NCAA Division I Committee on Infractions (COI) panel determined that a former University of Louisiana at Monroe (ULM) assistant men’s basketball coach, who was not identified in the decision, engaged in academic misconduct on behalf of two student-athletes. Further, the coach also violated NCAA ethical conduct rules when he failed to cooperate with the investigation. According to the COI panel, the coach violated academic policies when, in the summer of 2017, he obtained two student-athletes’ computer login information for two…
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Johnnie Vassar Drops Transfer Rule Suit

On August 10, 2018, former Northwestern University guard, Johnnie Vassar, dropped his lawsuit against the NCAA and Northwestern. As we have previously reported, in 2016, Vassar sued the NCAA and Northwestern claiming that Northwestern “offered Vassar a “cash payment” to “make [Vassar] go away and free-up his scholarship.” According to the November 2016 class-action lawsuit, Vassar alleged that Northwestern breached a contract it had with Vassar after the school removed Vassar’s four-year athletic scholarship in May 2016. Further, Vassar alleged that the school used…
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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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