ILNews

NCAA files intent to appeal O'Bannon decision

Back to TopCommentsE-mailPrintBookmark and Share

The NCAA has notified the 9th U.S. Circuit Court of Appeals that it intends to appeal a judge's ruling in the Ed O'Bannon case that it violated antitrust laws.

U.S. District Judge Claudia Wilken ruled Aug. 8 that the NCAA broke the law by restricting schools from providing money beyond current scholarship limits to athletes. She said schools should be allowed to place up to $5,000 per athlete per year of competition into a trust fund for football players and men's basketball players, which they could collect after leaving school.

A formal appeal has not yet been submitted, but NCAA chief legal officer Donald Remy issued a statement Thursday.

"We are appealing the Court's decision because we do not believe the NCAA has violated the antitrust laws," he said. "In its decision, the Court acknowledged that changes to the rules that govern college athletics would be better achieved outside the courtroom, and the NCAA continues to believe that the association and its members are best positioned to evolve its rules and processes to better serve student-athletes."

Remy also noted that the NCAA has been discussing ways to improve the "student-athlete experience" even before the lawsuit was filed, and through the recent decision to give the five richest football conferences more power over the rule-making process.

What's unclear is how the NCAA's legal team will attack Wilken's ruling in a court that has traditionally been more favorable to labor, or in this case the athletes. A recent study from the University of Illinois shows the NCAA wins about 71 percent in the second and third rounds in court, and some believe this case could be headed the U.S. Supreme Court. Remy has promised to take it there, if necessary.

Earlier this week, NCAA officials declined an interview request with The Associated Press to discuss the case. But antitrust and labor attorneys believe the NCAA's strongest argument might be against the financial cap, a part of the decision the NCAA initially lauded.

"If she's right that these restrictions are an unreasonable restraint of trade then the cap doesn't make any sense," said Robert McTamaney, an antitrust lawyer with the firm of Carter, Ledyard & Milburn. "Then student-athletes should be able to negotiate for whatever they can get."

Labor attorney Joseph Farelli, who works for the New York-based law firm of Pitta & Giblin, said the NCAA had to file the appeal.

Otherwise, he noted, it could open the NCAA or its member schools to more potential litigation for athletes who are not receiving additional money, including women's athletes who could cite Title IX law.

"I would expect them to appeal it because now you're going to have a permanent injunction that says the NCAA can't regulate what colleges do with their student-athletes," Farelli said. "If they don't appeal now you have federal court precedent."

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. 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?

ADVERTISEMENT