oliveandblue
Heisman
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OT: NCAA player lawsuit partially verified - ESPN
Source: http://espn.go.com/espn/otl/story/_/id/9...ue-damages
Pieces from the text:
Quote:A federal judge on Friday partially certified a lawsuit filed by more than 20 players, allowing football and basketball players in major programs to challenge as a group NCAA rules prohibiting compensation beyond the value of their athletic scholarships, but also denying their pursuit of billions of dollars in past revenues.
On balance, the NCAA fared worse because the ruling opens the doors for players to assert their rights as contributors to the business of college sports, said Rob Carey, a lawyer who represents former Arizona State quarterback Sam Keller and other players in a related, but separate aspect of the case tied to publicity rights.
"This ruling increases the likelihood that wholesale change will occur in college sports," Carey told ESPN. "It's like Major League Baseball when free agency came along."
Ultimately, Wilken increased the likelihood that any ruling she makes will survive an appeal by the NCAA, Carey said. That's because she is addressing future distribution of revenues, rather than asking schools and athletic departments to come up with potentially billions of dollars in damages.
Wilken wrote that the players' lawyers in the case -- known as the Ed O'Bannon lawsuit because the former UCLA star is one of 25 plaintiffs signed on -- failed to provide a solid method for determining which members were in the class, and which players EA Sports build avatars for in its virtual game environment. They also failed to determine which players appeared on game rosters in TV games.
"We are pleased that the court correctly found that conducting a class-wide trial for claimed damages for student-athletes who played college football and men's basketball going back nearly a decade would be completely unmanageable and unprecedented," Remy wrote in his statement. "The plaintiffs in this case were seeking substantial damages based on erroneous theories for maintaining a class. The Court correctly removed these claims from this case."
At the same time, Wilken mostly sided with the plaintiffs in her ruling, which also codified Hausfeld as the lead attorney in a case that was originally filed in 2009.
Under the ruling, players would have to wait until their college careers are over with to collect on media revenues that have accrued but not shared, Carey said. He said it increases the likelihood that the NCAA will want to settle with the plaintiffs, given the potential dangers of going to trial.
Wilken set a case management conference of Feb. 20 for the two sides to gather, after each files briefs responding to her ruling. A trial is set for next June.
This could complicate matters even further. I could see schools reacting to this in a very negative way.
(This post was last modified: 11-09-2013 01:23 PM by oliveandblue.)
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11-09-2013 01:22 PM |
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