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 and compensation have been decided. Further, the association claims that by complying with the judge’s order in O’Bannon, the defendant necessarily could not be in violation of antitrust.
Judge Wilken however did not agree with the NCAA’s position. Wilken pointed out several significant differences between the Alston, Jenkins, and O’Bannon cases. Primary to those differences was the inclusion of female basketball players in the current cases. The O’Bannon order did not place an injunction that covered female basketball players, and Judge Wilken appeared adamant that they have their opportunity to argue. Also, Wilken noted that the O’Bannon case was for payment solely for the use of players’ names, images, and likenesses, whereas the cases at hand are broader in scope.
The Alston case requires a few months further of discovery, and the Jenkins case is in preparation for class certification. After dismissing the motion, Judge Wilken ordered the parties to enter settlement talks.