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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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