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NCAA files intent to appeal O'Bannon decision

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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."

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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