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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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