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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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