NCAA Student-Athlete Pay Rules, Opposition Grows

On October 30, 2019, the plaintiffs in the Alston v. NCAA case gained support in the form of an amicus curiae brief from the Open Markets Institute, Change to Win, the National Employment Law Project, economics professor Marshall Steinbaum, and law professors Sanjukta Paul and Veena Dubal. In the brief submitted to the Ninth Circuit Court of Appeals, the amici argue that the U.S. District Court Judge for the Northern District of California, Claudia Wilken, reached “an overly narrow” decision based upon…
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NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation. The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the…
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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…
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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…
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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…
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