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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NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation. Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move…
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Players Are Harmed Regardless.

To start off the final round of filings, the plaintiffs in the O’Bannon trial submitted a brief addressing the court’s questions peppered at the end of the trial and rebutting the arguments articulated by the NCAA. At the end of the trial, Judge Claudia Wilken rigorously asked fundamental questions to determine whether the plaintiffs sufficiently established that the NCAA has violated antitrust law.  The plaintiffs reiterated in their brief that pinpointing the buyer and the seller in this case is pointless.  Regardless of who the…
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