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. Residents can't vote under our current system? Okay, let's replace the system with another system where they can't vote. Yeah, that's the ticket!

  2. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  3. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  4. You need to look into Celadon not paying sign on bonuses. We call get the run

  5. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

ADVERTISEMENT