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Judge allows Ed O'Bannon v. NCAA to proceed to trial
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Wedge Offline
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Judge allows Ed O'Bannon v. NCAA to proceed to trial
Judge allows Ed O'Bannon v. NCAA to proceed to trial

Quote:OAKLAND, Calif. -- Four-and-a-half years after the case was filed, a federal judge Thursday green-lighted Ed O'Bannon's class-action antitrust lawsuit against the NCAA to proceed to trial beginning June 9.

Barring a settlement before then, the plaintiffs will ask a jury to strike down the NCAA's age-old restrictions preventing athletes from cashing in on their name, likeness and image.
02-21-2014 12:24 AM
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arkstfan Away
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RE: Judge allows Ed O'Bannon v. NCAA to proceed to trial
Wow a judge with zero awareness of precedent.

Artificial caps on coaching salaries have already been litigated and struck down.

She scoffs at amateurism but there are several cases including Supreme Court that state preserving amateurism is a valid regulatory power and have only nibbled around it when the NCAA rule being questioned couldn't be shown to actually preserve the unique nature of amateur athletics or did not serve to balance competition in a way that did not reduce output of product.
02-21-2014 02:04 AM
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TomThumb Offline
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RE: Judge allows Ed O'Bannon v. NCAA to proceed to trial
I hope the NCAA has better arguments than these otherwise they're completely screwed. Arguing that they don't need permission from players to show them in football games because of the first amendment? Really?
02-21-2014 12:35 PM
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arkstfan Away
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RE: Judge allows Ed O'Bannon v. NCAA to proceed to trial
First rule of litigation. Argue every viable claim because you never know what hook the appellate court will buy. I won a case before the Arkansas Supreme Court based on what I considered a very weak argument (the weakest in my brief). They took that hook and ruled they didn't have to address my stronger claims because the trial judge had booted it. They declined to even discuss the more complicated but stronger arguments raised.
02-21-2014 01:42 PM
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TerryD Offline
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RE: Judge allows Ed O'Bannon v. NCAA to proceed to trial
(02-21-2014 02:04 AM)arkstfan Wrote:  Wow a judge with zero awareness of precedent.

Artificial caps on coaching salaries have already been litigated and struck down.

She scoffs at amateurism but there are several cases including Supreme Court that state preserving amateurism is a valid regulatory power and have only nibbled around it when the NCAA rule being questioned couldn't be shown to actually preserve the unique nature of amateur athletics or did not serve to balance competition in a way that did not reduce output of product.

She is likely aware, but just doesn't care to follow it.

It isn't the first time a judge did that.
02-21-2014 02:22 PM
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BIgCatonProwl Offline
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RE: Judge allows Ed O'Bannon v. NCAA to proceed to trial
If it goes to trial and the NCAA loses...they'll seek remeides through Congress...and get anti-trust legislation passed
(This post was last modified: 02-21-2014 02:39 PM by BIgCatonProwl.)
02-21-2014 02:38 PM
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