September 10, 2018 Antitrust / Class Actions / Litigation / NCAA

NCAA Antitrust Trial Starts With a Bang

On September 4, 2018, University of San Francisco professor, Daniel Rascher, testified as an economist expert on behalf of the college athletes. In his testimony, Rascher likened the NCAA to an illegal “cartel” because to their habitual practice of limiting how much money college athletes could be paid. As we have previously reported, in this particular 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 …

August 26, 2018 Antitrust / Litigation / NCAA

College Athletes Move to Force America East Conference Commissioner to Testify

On August 22, 2018, a class of college athletes filed a motion to compel the testimony of Amy Huchthausen, Commissioner of the NCAA America East Conference. According to the motion, the NCAA canceled Ms. Huchthausen’s deposition two days before she was scheduled to be deposed. The NCAA claimed that she was no longer going to be called as a witness at the upcoming college athlete’s compensation trail, a stark contrast to their previous statements.

As we have previously reported, a class of college athletes …

August 20, 2018 NCAA

NCAA Determines Former ULM Assistant Basketball Coach Engaged in Misconduct

On August 17, 2018, an NCAA Division I Committee on Infractions (COI) panel determined that a former University of Louisiana at Monroe (ULM) assistant men’s basketball coach, who was not identified in the decision, engaged in academic misconduct on behalf of two student-athletes. Further, the coach also violated NCAA ethical conduct rules when he failed to cooperate with the investigation.

According to the COI panel, the coach violated academic policies when, in the summer of 2017, he obtained two student-athletes’ computer login information for two …

August 16, 2018 Class Actions / Contract / Litigation / NCAA

Johnnie Vassar Drops Transfer Rule Suit

On August 10, 2018, former Northwestern University guard, Johnnie Vassar, dropped his lawsuit against the NCAA and Northwestern. As we have previously reported, in 2016, Vassar sued the NCAA and Northwestern claiming that Northwestern “offered Vassar a “cash payment” to “make [Vassar] go away and free-up his scholarship.”

According to the November 2016 class-action lawsuit, Vassar alleged that Northwestern breached a contract it had with Vassar after the school removed Vassar’s four-year athletic scholarship in May 2016. Further, Vassar alleged that the school used …

August 16, 2018 Antitrust / NCAA

O’Bannon Evidence to be Used by both Litigants in NCAA Antitrust Trial

In a controversial move, U.S. District Judge Wilken has announced that, in the antitrust action brought by student athletes against the NCAA, she will admit evidence from the O’Bannon case, despite objections from both litigants.

In the case at hand, the athletes are pursuing claims that the NCAA illegally restrains their income potential by prohibiting pay beyond the students’ scholarship. Judge Wilken’s statement permitting the use of O’Bannon evidence will allow the NCAA in to use O’Bannon’s expert testimony for impeachment purposes, and will also …

June 27, 2018 NCAA

Update: NCAA Transfer Rule

As we have previously covered, the NCAA recently changed their transfer rules. In the past, student-athletes went through a “permission to contact” process. This 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 “notification” system that will allow the athletes to transfer without coaches’ permission.

However, on June 19, 2018, various NCAA conferences, including the Atlantic Coast Conference, Big TenConference, Big …

June 21, 2018 Litigation / NCAA

Former Athletes Say NCAA “Hiding the Ball” and Engaging in “Trial by Ambush”

On April 4, 2018 the Sports and Entertainment Law Insider discussed an ongoing lawsuit that was brought by a class of former college athletes seeking to lift the cap on student athlete compensation under NCAA rules. The case is being tried by U.S. District Judge Claudia Wilken, who previously ruled in favor of student athletes on antitrust claims against the NCAA in O’Bannon. In March 2018, Judge Wilken denied the NCAA’s motion for summary judgment and sent the current case to trial.

With trial …

May 31, 2018 NCAA

Former Division I Athletes Seek Reduction of “Grossly Excessive” Fees Awarded to NCAA in Antitrust Suit

As we have previously reported, former Division I football and basketball athlete plaintiffs won a settlement of $208.7 million from the NCAA for the NCAA’s antitrust practices capping student scholarships at values less than the actual cost of attendance. In a recent brief, class member Darrin Duncan articulates that the “central issue in the case is that [the NCAA] violated the antitrust laws by agreeing to and enforcing restrictive NCAA bylaws that cap the amount of athletically related financial aid and other benefits”.

Since …

May 25, 2018 NCAA

UPDATE: Former USC Coach Losses Defamation Suit Against the NCAA

On May 21, 2018, a jury returned a verdict of 9-3, found that the NCAA did not defame former University of Southern California assistant football coach Todd McNair in its 2010 and 2011 statements. As we have previously reported, McNair accused the NCAA’s Infractions Committee of ending his coaching career in June 2010 when it found him guilty of unethical conduct in connection with the impermissible-benefits scandal involving the Reggie Bush scandal. The Reggie Bush scandal, also known as the Bush/O.J. Mayo scandal, arose …

May 24, 2018 NCAA

Putative Class Action against NCAA and Universities Dismissed for Untimeliness

On May 17, 2018, a federal judge dismissed a putative class’ wage suit against the National Collegiate Athletic Association (NCAA) and several universities for failing to file within the two-year period required under the statute of limitations. Lawrence “Poppy” Livers, a former Villanova University football player, brought a claim in September 2017, asserting that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Specifically, Livers contended that he and other college athletes with scholarships should …