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Judge tosses suit against NCAA that reads ‘like a press release’

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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.


 

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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