(03-09-2020 07:28 PM)TerryD Wrote:  

(03-09-2020 06:50 PM)chester Wrote:  

(03-06-2020 09:55 PM)chester Wrote:  Bump to say that oral arguments before the appeals panel are scheduled for March 9 @ 4:30 EST and can be seen here:

https://youtu.be/n1FcKbgmJ3c

Quote:Before: THOMAS, Chief Judge, and GOULD, and M. SMITH, Jr., Circuit Judges

Shawne Alston v. NCAA - An appeal and a cross-appeal from the district court's judgment after bench trial and permanent injunction against NCAA rules regarding compensation for student-athletes

20 minutes per side

Defendants want the district court's decision overturned and plaintiffs want broader relief.

Documents

Chief Judge Thomas sat on the O'Bannon panel where he dissented from the majority over the issue of annual $5,000 deferred NIL payments. His opinion in that case can be read here on pages 64-73.

Well, having read most of those documents and having watched that hearing twice, in my inexpert, unlawyerly opinion, there's little chance the Ninth will overturn the district's decision. Question is, will they merely uphold that decision or will they remand the case back to Judge Wilken with instruction to enjoin all caps. (Recall, plaintiffs want individual conferences to have the ability to set their own compensation rules, an outcome that would open a market for the athletic services of players.)

Also, regardless of what happens, one or both sides are sure to appeal to the Supremes. Will SCOTUS hear the case? (They declined to hear O'Bannon)

One never really knows.

During my 32 year legal career, I walked out of many appellate arguments thinking that I just got my ass kicked.

When the decision came out, our side won.

I had many that went exactly the opposite way too.