Skip to content

NCAA athletes can pursue money from TV contracts, judge says

Jan 30, 2013, 11:13 AM EDT

NCAA_Logo AP

A federal court judge dismissed a NCAA motion on Tuesday that would have prevented football and men’s basketball players from pursuing a cut of the billions of dollars of live television contracts on procedural grounds, according to a report from ESPN.com.

Former UCLA star Ed O’Bannon had brought a lawsuit against the NCAA to try and claim a share of rebroadcast revenues, but recently amended the suit to include the revenue from live broadcasts. The NCAA will argue against the class certification based on merits in a hearing on June 20th.

“Although our motion to strike was denied, the judge has signaled skepticism on plaintiff’s class-certification motion and recognized the plaintiffs’ radical change in their theory of the case,” NCAA general counsel Donald Remy said in a statement. “This is a step in the right direction toward allowing the NCAA to further demonstrate why this case is wrong on the law and that plaintiffs have failed to demonstrate that this case satisfies the criteria for class litigation.”

From ESPN.com’s report:

In the event that the plaintiffs prevail, [Michael Hausfeld, interim lead counsel for the plaintiffs], has set up a mechanism for players to collect licensing revenues. The Former College Athletes Association (FCAA) would negotiate licenses with the NCAA, member colleges, video game and media companies, according to Jon King, a former Hausfeld LLC lawyer who worked on the case.

King disclosed the existence of the FCAA in a wrongful termination suit he filed against Hausfeld earlier this month. He was fired by Hausfeld for undisclosed reasons in October, after serving as one of the lead lawyers in developing the case for the plaintiffs.

Details about the FCAA are scant, but Hausfeld said it would not serve as a revenue stream for his firm. Overseeing formation of the FCAA are Sonny Vaccaro, an unpaid consultant who has worked with Hausfeld to build the anti-trust case; Ramogi Huma, president of the National College Players Association; and Ken Feinberg, a prominent Washington D.C. attorney who helped distribute nearly $7 billion to victims of the 9/11 terrorist attacks and has run other major victim compensation efforts.

Wilken has set a trial date for June of 2014. It will be interesting to see if the case makes it that far.

You can find Rob on twitter @RobDauster.

Latest Posts
  1. Arizona State head coach Bobby Hurley throws out first pitch at Diamondbacks game (VIDEO)

    May 24, 2015, 7:29 PM EDT

    Bobby Hurley Bobby Hurley

    Arizona State’s “Curtain of Distraction” made an appearance as well.

  2. Donovan family thanks Florida fan base in full-page ad

    May 24, 2015, 4:09 PM EDT

    150524_Donovan Getty Images

    The last two decades were a special time for the Donovan family, who thanked the supporters who helped make it all possible.

  3. Pitt lands graduate transfer big man from Richmond

    May 24, 2015, 11:30 AM EDT

    alonzo nelson-ododa Getty Images

    Pitt added a big man who can play right away next season.

  4. Class of 2016 No. 1 Josh Jackson faces five-star guard Seventh Woods at UAA (VIDEO)

    May 24, 2015, 10:15 AM EDT

    2014 Under Armour Association Finals

    Two of the best in the 2016 class battle in the Under Armour Association.

  5. Academic issues expected to sideline St. John’s point guard for fall semester, maybe longer

    May 24, 2015, 9:00 AM EDT

    150524_Jordan_Rysheed Getty Images

    Already thin at the point, the situation becomes even tougher for first-year head coach Chris Mullin if this turns out to be the case.

  6. Former Providence center planning visits

    May 23, 2015, 9:51 PM EDT

    (AP) AP

    A Big 12 and a Big Ten program are among those due who have reached out to the 7-foot-2 Fairfield Prep (Connecticut) product.

  7. Monitoring physicality as important as the shot clock in increasing offensive production

    May 23, 2015, 7:32 PM EDT

    Tad Boyle AP

    Colorado’s Tad Boyle doesn’t like the proposed shot clock change, and he made a good point about the physical nature of college basketball today.

  8. UC Davis, head coach Jim Les agree to contract extension through 2021

    May 23, 2015, 5:28 PM EDT

    Jim Les Jim Les

    Les led the Aggies to a school-record (Division I era) 25 wins and their first Big West regular season title last season.

  9. Four-star 2015 power forward to visit Cal, Texas and Washington

    May 23, 2015, 3:45 PM EDT

    Scott Phillips/NBC Sports Scott Phillips/NBC Sports

    Noah Dickerson had previously committed to Georgetown and Florida.

  10. Max Bielfeldt down to three

    May 23, 2015, 2:00 PM EDT

    AP Photo AP

    The former Wolverine could remain in the Big Ten.

  11. Frank Kaminsky writes a farewell letter to Wisconsin fans

    May 23, 2015, 12:00 PM EDT

    150523_Kaminsky Getty Images

    The Wisconsin big man averaged 16.4 points and 7.3 rebounds per game in his last two seasons.

  12. Derrick Walton’s foot appears to be better (VIDEO)

    May 23, 2015, 10:30 AM EDT

    AP Photo AP Photo

    The sophomore guard missed the final 12 games of the season.

  13. Rashad Muhammad transferring from San Jose State

    May 23, 2015, 9:18 AM EDT

    AP AP

    He is the younger brother of former UCLA Bruin Shabazz Muhammad.

  14. Nevada lands transfer forward from the Ivy League

    May 22, 2015, 10:30 PM EDT

    image Getty Images

    Nevada landed an impact transfer that could help at guard after next season.

  15. Arizona announces 2015-16 non-conference schedule

    May 22, 2015, 9:15 PM EDT

    AP Photo AP

    Arizona will have some intriguing home-and-home games to go along with an in-season tournament.

  16. Cliff Alexander opens up on his suspension at Kansas

    May 22, 2015, 8:00 PM EDT

    AP Photo AP

    Cliff Alexander might have returned for his sophomore season if the NCAA had not been involved.

  17. Kentucky promotes former Auburn coach to assistant coach

    May 22, 2015, 7:00 PM EDT

    Tony Barbee AP

    Kentucky promoted a familiar face for the open assistant spot.

  18. Class of 2016 forward decommits from Nebraska

    May 22, 2015, 5:45 PM EDT

    keanu pinder

    Nebraska loses a commitment who could be headed elsewhere soon.

  19. Georgia, Mark Fox agree to contract extension through 2020

    May 22, 2015, 4:27 PM EDT

    Mark Fox AP

    Fox has led the Bulldogs to two NCAA tournament appearances in his six years as head coach, including last season’s 21-win team.