ILNews

Judge tosses suit against NCAA that reads ‘like a press release’

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.

Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana issued the ruling in John Rock, et al. v. National Collegiate Athletic Association, 1:12-cv-1019-JMS-DKL. Rock contended the NCAA’s prohibition of four-year scholarships and limits on scholarships constituted illegal restraints of trade. The suit also alleged the NCAA constituted an illegal college sports monopoly.

Rock was a quarterback at Gardner-Webb University whose scholarship was not renewed after a change in coaches at the North Carolina school. Rock claims in the suit that he was assured a four-year scholarship as long as he remained eligible.

Other student athletes named in the suit are former college basketball and hockey players Tim Steward and Kody Collins. “Mr. Collins is dismissed from this action for failing to allege direct antitrust injury,” Magnus-Stinson wrote. “Although the court concludes that Mr. Rock and Mr. Steward have standing to pursue their claims, the Court grants the NCAA’s motion to dismiss.”

Magnus-Stinson dismissed with prejudice allegations regarding Division III prohibition on athletics-based financial aid but left open an avenue to a possible antitrust case for the same attorneys who filed Agnew v. NCAA, 1:11-CV-0293, which was dismissed by the 7th Circuit Court of Appeals in September 2011.

“I am pleased that … the District Court for the Southern District of Indiana granted the NCAA motion to dismiss the Rock v. NCAA case involving the NCAA grant in aid rules,” NCAA general counsel Donald Remy said in a statement.

“Hopefully, after having both Agnew and now Rock dismissed, these same attorneys will find a more appropriate cause.”

Seattle-based Hagens Berman LLP brought the suit that was represented locally by Price Waicukauski & Riley LLC. A message seeking comment from Hagens Berman was not immediately returned.

Magnus-Stinson’s order opens with an observation that the NCAA’s bylaws at issue in Rock were the same as those contested in Agnew. “As the poignant refrain from a popular duet cover laments, here we go again,” the judge wrote.

“If counsel wants this claim to proceed, the moment has come to spend the time and undertake the potentially complicated task of the ‘proper identification’ of a relevant market,” she concluded in giving Rock 28 days to amend the antitrust complaint.

“Mr. Rock’s amended complaint should not make conclusory legal allegations or cite cases but, instead, should provide a short and plain statement detailing the necessary factual allegations supporting a plausible claim for relief. Failure to do so will result in the Court denying the motion to amend and closing this case.”

The Rock suit is one of several legal challenges the NCAA faces. In an Indiana Lawyer interview in November, Remy said he was confident that the suit, like Agnew, would be dismissed. “It was the same theory, the same principles, and I think we’ll see the same results,” Remy said.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT