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7th Circuit to hear arguments in NCAA price-fixing lawsuit

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The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.

In the case of Joseph Agnew, et al. v. National Collegiate Athletic Association, No. 11-3066, a federal appellate panel will hear arguments in the case from the Southern District of Indiana following a removal from the Northern District of California. U.S. Judge Jane Magnus-Stinson ruled Sept. 1 in favor of the Indianapolis-headquartered NCAA, dismissing the challenges to two bylaws that dealt with a one-year scholarship limit for student-athletes and a cap on athletic-based discounts that a school can offer per sport each year.

The judge found she was bound by Banks v. National Collegiate Athletic Association, 977 F.2d 1081, 1087-88 (7th Cir. 1992), which examined that lawsuit under the “Rule of Reason” analysis. She declined to apply the “quick look” version of the rule as the plaintiffs argued, and found that the plaintiffs failed to plead a relevant product market. Magnus-Stinson wrote, “… the ‘market’ for bachelor’s degrees is implausible as a matter of law because people cannot simply purchase bachelor’s degrees at Division I colleges and universities.”

 After that ruling dismissed the suit with prejudice, plaintiffs Joseph Agnew and Patrick Courtney filed an appeal.

In appellate briefs filed with court, the plaintiff-appellants argue that the NCAA is trying to reach beyond the District court’s holding by contending not only the financial aid rules are valid, but all the NCAA rules involving student-athletes are presumptively pro-competitive.

“In essence, the NCAA claims an exemption from the antitrust laws for all but a small portion of its rules dealing with television broadcast or coaches’ salaries,” the brief states. “This is a dangerous perversion of the Supreme Court’s rulings….is unsupported by any precedent, and would result in giving the NCAA carte blanche to violate the antitrust laws regardless of the anticompetitive motivation or effect of its rules. The NCAA’s arguments on this appeal should be rejected.”

The NCAA didn’t file a brief prior to the arguments, which are scheduled for 9 a.m. Central Time. Each side has 15 minutes to make their arguments, and there is no timeline on when the appellate panel must make a decision.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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