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Federal judge keeps alive Rock case vs. NCAA

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A federal judge has left the door open for a former Division I college football quarterback to pursue his claim that the NCAA constitutes an illegal college sports monopoly, allowing him to amend a complaint that had been dismissed.

Former Gardner-Webb University quarterback John Rock sued the National Collegiate Athletic Association in July 2012 and sought a class action challenging the Indianapolis-based governing body’s prohibition of multi-year college athletic scholarships.

Judge Jane Magnus-Stinson of the Southern District of Indiana dismissed the complaint in March, writing that the complaint “reads more like a press release than a legal filing.” Magnus-Stinson granted the NCAA’s motion to dismiss because Rock had failed to identify a relevant market in his antitrust claim.

On Friday, Magnus-Stinson issued an order allowing Rock to amend the complaint by fixing that defect in the original filing.

“(F)or the first time, the proposed complaint challenging the bylaws at issue limits the relevant market to Division I college football and further pleads two subdivisions of that market – the Football Bowl Subdivision (‘FBS’) and the Football Championship Subdivision (‘FCS’),” Magnus-Stinson wrote. “While the Court makes no pronouncement on the sufficiency of the relevant market Mr. Rock now proposes, given the Seventh Circuit’s observation that ‘[i]t is undeniable that a market of some sort is at play in (Agnew v. National Collegiate Athletic Association, 683 F.3d 328, 2012) ... the Court cannot conclude that the proposed amendment is futile.

“Justice requires giving Mr. Rock a final chance to amend his complaint,” Magnus-Stinson wrote. “The NCAA must answer or otherwise respond to Mr. Rock’s amended complaint.”

Rock claims he was assured a four-year scholarship at Gardner-Webb as long as he remained eligible, but that he lost his athletic scholarship after a coaching change at the North Carolina school.

Seattle-based Hagens Berman LLP brought the lawsuit that was represented locally by Price Waicukauski & Riley LLC. Hagens Berman also filed the Agnew antitrust action, which was dismissed by the 7th Circuit Court of Appeals in September 2011.
 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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