ILNews

Judge dismisses challenge to NCAA bylaws

Back to TopCommentsE-mailPrintBookmark and Share

Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.

Joseph Agnew and Patrick Courtney originally filed their suit, Joseph Agnew, et al. v. National Collegiate Athletic Association, No. 1:11-CV-293, in the U.S. District Court for the Northern District of California, but the suit was moved to the Southern District of Indiana at the request of the NCAA, which is headquartered in Indianapolis. After the suit was removed, the plaintiffs filed an amended complaint challenging two bylaws – the one-year scholarship limit, which prohibits NCAA member institutions from offering multi-year athletic-based discounts to student-athletes; and the cap on the number of athletic-based discounts a school can offer per sport each year.

The plaintiffs claim without these two bylaws, they would have been able to get multi-year athletic scholarships that would have covered the cost of their degrees.

The NCAA’s motion to dismiss argued that the two didn’t allege a relevant product market, geographic market, or anti-competitive effect on a relevant market to survive the motion to dismiss. The organization also claimed the plaintiffs lacked antitrust standing to challenge the bylaws.

Judge Jane Mangus-Stinson, bound by Banks v. National Collegiate Athletic Association, 977 F.2d 1081, 1087-88 (7th Cir. 1992), examined the suit under the “Rule of Reason” analysis. She declined to apply the “quick look” version of the rule as the plaintiffs argued, and found that the plaintiffs failed to plead a relevant product market for the bachelor’s degrees as a matter of law.

“The Court agrees with the NCAA that the ‘market’ for bachelor’s degrees is implausible as a matter of law because people cannot simply purchase bachelor’s degrees at Division I colleges and universities,” wrote Judge Magnus-Stinson, noting that student-athletes must still fulfill certain academic requirements to get the degree.

She dismissed the suit with prejudice Sept. 1, finding that the plaintiffs have already had two opportunities to plead their claims against the NCAA and did not cure deficiencies in their pleadings. They also didn’t give any indication that they could fully amend their complaint to cure the defects Judge Magnus-Stinson found in the amended complaint, if they were given that opportunity.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT