Plaintiffs’ Lawyers for O’Bannon Case Billing NCAA for over $50M

Lawyers for the plaintiffs in the O’Bannon case have filed an amended billing filing on October 22 to seek approximately $50 million in attorneys’ fees and other related costs.

The filing is a revision of what the lawyers filed back in August pursuant to U.S. District Court Judge Claudia Wilken’s decision that the plaintiffs “shall recover their costs from the NCAA.” You can get more information regarding that by Clicking Here. The original request that totaled more than $52.4 million was filed within 14 …

October 26, 2014 Litigation / NCAA

NCAA & Division I Schools are Named in FLSA Lawsuit

On Monday, October 20, the NCAA and all of its member schools were named defendants in an FLSA action alleging violations for failure to pay employees the federal minimum wage. The plaintiff in this action is yet another former student-athlete seeking compensation for participating in NCAA athletics.

Samantha Sackos attended the University of Houston and played for the Division I women’s soccer team. Sackos brought this suit, naming the NCAA and each Div. I school, alleging the schools’ refusal to pay student-athletes under the …

October 24, 2014 Fraud / NCAA

UNC Academic Fraud Report Released: 18 years of easy A’s

On Wednesday, October 22, the report documenting an eight month in-depth investigation of alleged academic fraud at the University of North Carolina was released implicating over 3,000 students during 18 years of NCAA competition.

The report, authored by former federal prosecutor, Kenneth Wainstein, exposes a practice engaged in by counselors and teachers to protect student-athletes from academic requirements affecting their eligibility in competition. Student-athletes were ushered into certain “paper classes” that required little to no work, attendance, or participation for a good grade.

The scandal …

October 24, 2014 Contract / NCAA

What’s Next, Civil Litigation Against Sports Memorabilia Dealers for Improper Dealings with College-Athletes?

Your favorite college football team loses its star quarterback or running back due to a suspension for NCAA violations related to compensation received from a sports memorabilia dealer for autographing multiple items that the dealer sells. The college suffers damage in the form of potential lost ticket sales, merchandising, bowl revenue, and negative publicity. Does the university have any recourse against the dealer who stands outside the reach of NCAA oversight but who profits from the offending transactions?

NCAA Bylaw 12.5.2.1 prohibits student-athletes from accepting …

October 21, 2014 Legislation / NCAA

Sports Leagues and NCAA Challenge Christie’s Sports Bill

Four major professional sports leagues and the NCAA (collectively the “leagues”) responded to New Jersey Governor Chris Christie’s partial repeal of New Jersey’s ban on sports betting. The leagues filed a federal lawsuit on Monday seeking a temporary injunction on sports betting in New Jersey. The state’s first sports bet is scheduled for Sunday at Monmouth Park racetrack, where ten tellers will be taking bets on the NFL.

The leagues argue that Governor Christie’s sports betting bill accomplishes

“what it unsuccessfully attempted to do

October 10, 2014 Litigation / NCAA

Judge Wilken Keeps Scholarship Lawsuits Against NCAA Alive

On Thursday, October 9, Northern District of California Judge, Claudia Wilken, denied the NCAA’s motion to dismiss pending class action lawsuits against it for scholarship related antitrust violations.

The NCAA filed its motion to dismiss the cases after the same judge, Claudia Wilken, ruled against the NCAA in the O’Bannon case finding the association was in violation of antitrust laws for its denial of player compensation. The NCAA argues here that the Alston and Jenkins cases should be dismissed as the issue of player scholarships …

October 9, 2014 Legislation / NCAA

NCAA Fights PA Law to Spread Penn State’s Sandusky Fine Nationwide

On Monday, October 6, the NCAA filed a motion in federal court, asking to have a newly enacted Pennsylvania law, which manipulates the Penn State Sandusky fine, invalidated as it is unconstitutional.

The NCAA’s motion is directed at the Institution of Higher Education Monetary Penalty Endowment Act, which was enacted in 2013 in response to a fine levied against Penn State University. In 2012, the NCAA and Penn State agreed to a Consent Decree penalizing the university for the Jerry Sandusky sexual abuse scandal. …

October 8, 2014 NCAA

Court Nixes NCAA-PSU’s Attempt to Dismiss Lawsuit over $60M Fine

A Pennsylvania Commonwealth Court denied the NCAA’s motion to dismiss a lawsuit filed by state Senator Jake Corman and Treasurer Rob McCord. The suit is seeking to enforce the 2012 Higher Education Monetary Penalty Endowment Act (the “Act”) on the $60 million fine imposed on Penn State (“PSU”). In the wake of the Jerry Sandusky child molestation scandal, the NCAA in 2012 imposed the penalty as part of a consent decree. Under the Act, the NCAA fine must be used to prevent child sexual abuse …

September 27, 2014 Litigation / NCAA

Ninth Circuit Takes NCAA’s Appeal of the O’Bannon Case in Expedited Manner

The Ninth Circuit Court of Appeals agreed to hear the NCAA’s appeal of the O’Bannon case in a speedy manner after the parties filed a joint motion last week to expedite the schedule for briefs and oral arguments so that they have a decision before the permanent injunction by Judge Claudia Wilken becomes effective on August 1, 2015.

Typically, the Ninth Circuit does not schedule appeals before all briefs are filed. Originally, the NCAA was to submit its opening brief by November 28, and the …

September 10, 2014 Antitrust / NCAA

NCAA Using the O’Bannon Decision to Have Two Other Similar Suits Dismissed

While the NCAA is appealing the O’Bannon decision by Judge Claudia Wilken, it is using Judge Wilken’s ruling in that case as the reason why she should dismiss two other scholarship suits before her.

One lawsuit was brought by several former men’s and women’s basketball players in 11 conferences as well as football players, including former West Virginia running back Shawne Alston. The other suit covered players in men’s basketball and football, including Clemson football player Martin Jenkins.

In the O’Bannon case, Judge Wilken had …