October 18, 2018 Class Actions / Litigation / NCAA

Take Two: NCAA Moves to Dismiss Student Athlete’s Wage Suit

On October 8, 2018, the NCAA moved to dismiss a proposed class action lawsuit led by Lawrence “Poppy” Livers, a former Villanova University football player. As we have previously reported, Livers sued to 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. However, Livers needed to show that the NCAA and the universities “willfully” …

October 16, 2018 Baseball / NCAA

NCAA Considering More Changes to Transfer Rules

On October 5, 2018, the NCAA Division I Council announced that it plans, in 2019, to vote on four changes to transfer proposals. As we previously reported, in June 2018, the NCAA and various conferences voted to change student-athletes transfer rules. Previously, student-athletes went through a “permission to contact” process. The process limited their ability to transfer as their current college coaches were able to block the athlete from transferring to certain schools. Now, starting in October 2018, the NCAA has shifted to a …

October 15, 2018 Basketball / Litigation / NCAA

Brian Bowen Sr. Admits To Taking Cash to Secure His Son’s Commitment to Louisville

On October 9, 2018, Brian Bowen Sr., the father of a Louisville Cardinals’ recruit, took the stand to testify in the FBI’s case regarding corruption in college basketball. Federal prosecutors assert that it is a federal crime to break NCAA rules and is charging two Adidas officials an NBA agent with accusations that they brokered a deal to pay families of recruits to secure a commitment to Adidas-sponsored teams.

According to federal prosecutors, Adidas officials and others conspired to pay Bowen’s family $100,000…

October 8, 2018 Litigation / NCAA / Rights

Shocking Testimony Heard at NCAA Corruption/Bribery Trial

On October 3, 2018, weeks before the start of the college basketball season, shocking testimony was heard in the NCAA Corruption/Bribery Trial. As we have previously reported, on February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, provided the prosecution with a detailed window into the ongoing NCAA Corruption and Bribery scandal. The scandal, now case, involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports …

October 8, 2018 Basketball / Litigation / NCAA

Father of Ex-Louisville Recruit Gives Moving Testimony in NCAA Corruption/Bribery Trial

On October 4, 2018, the father of ex-University of Louisville basketball recruit, Brian “Tugs” Bowen, broke down in tears before he gave testimony in the NCAA Corruption/Bribery Trial. As we have previously reported, on February 21, 2018, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, provided the prosecution with a detailed window into the ongoing NCAA Corruption and Bribery scandal. The scandal, now case, involves Adidas executive Jim Gatto, …

October 5, 2018 Class Actions / Concussions / Litigation / NCAA

NCAA Likely to Face Another Round of Concussion Claims

On September 28, 2018, U.S. District Court Judge John Lee allowed two former Purdue University football players to proceed with most of their putative claims that the NCAA and the Big Ten Conference hid risks of repetitive brain trauma. The former football players, Michael Rose and Timothy Statton, are hoping to lead a class of former student-athletes who sustained head trauma while playing football for Purdue from 1952 to 2010.

Their case stems from the “NCAA $75 Million Settlement.” As we have previously reported, …

September 25, 2018 Antitrust / NCAA

Judge Highlights Inconsistencies in NCAA Rules against Paying Student Athletes

The NCAA antitrust trial continues, as Division I college basketball and football players vie for compensation, arguing that the current NCAA provisions illegally restrict player wages.

On Friday, U.S. District Judge Claudia Wilken probed NCAA vice president Kevin Lennon on the association’s limits on student wages, pointing out apparent discrepancies between rules imposed on various conferences.

Judge Wilken highlighted a NCAA provision adopted in 2014 that allows five conferences to independently determine their financial aid rules, despite NCAA bylaws imposing cost-of-attendance limits. Visibly perplexed, …

September 21, 2018 Antitrust / NCAA

NCAA Antitrust Trial Continues with Testimony from Pac-12 Commissioner

As part of the continuing NCAA antitrust action, Pac-12 Commissioner Larry Scott took the stand on Tuesday, issuing a grave warning about the future of amateur sports if the judgment were to be awarded in the plaintiffs’ favor.

Scott testified that any proposal to abandon the pay limit rules currently in place in the NCAA would “create significant consumer confusion,” making it “murkier” for broadcasters and fans to understand the nature of collegiate sports. He also stated that lifting such pay limits would be …

September 21, 2018 Antitrust / Class Actions / Litigation / NCAA

UW Chancellor and AAC Commissioner Each Testify at NCAA Antitrust Trial

On September 17, 2018, University of Wisconsin-Madison (UW) Chancellor, Rebecca Blank, and American Athletic Conference (AAC) Commissioner, Michael Aresco, each testified in the NCAA Antitrust trial. As we have previously reported, in this 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 compete for top college recruits.

Pursuant to Chancellor Blank’s testimony, UW is considering dropping its athletic program in the event that the court forces …

September 18, 2018 Litigation / NCAA

NCAA Sanctions Alabama A&M for Miscertifying Student Athletes

Alabama A&M University has been hit with severe penalties from the NCAA for what the organization called, “some of the most extensive and widespread certification failures in recent case history.”

The University was determined to have miscertified 101 student athletes across 14 sports, allowing them to compete and receive travel benefits despite failing to meet academic eligibility requirements, such as minimum credit hours or academic degree criteria. The NCAA also noted in their release that Alabama A&M “did not withhold 60 of the student-athletes from …