NCAA Appeals O’Bannon Decision

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On Wednesday August 20, the NCAA filed the much anticipated notice of appeal from the judgment and order of Judge Claudia Wilken, which granted a permanent injunction on the NCAA’s ban of student athlete compensation.

Judge Wilken entered the order on August 8 in favor of the O’Bannon plaintiffs, ruling that the NCAA is in violation of antitrust laws by prohibiting the member schools from offering student-athletes a limited share of the revenues generated from the use of their names, images, and likenesses.

Chief legal officer for the NCAA, Donald Remy, stated Thursday he was to appeal the court’s decision as the NCAA does not believe it has violated any antitrust laws.  He further stated, “[i]n its decision, the Court acknowledged that changes to the rules that govern college athletics would be better achieved outside the courtroom, and the NCAA continues to believe that the association and its members are best positioned to evolve its rules and processes to better serve student-athletes.”

A time schedule order was also filed on Thursday, setting the pace for the up-coming litigation.  The Appellant NCAA’s opening brief is to be filed by November 28, and the Appellees’ brief will follow within the subsequent 30 days.

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