Skip to content

NCAA may attempt to recover legal fees if it wins ‘O’Bannon’ lawsuit

Jun 14, 2013, 7:11 PM EDT

NCAA_Logo AP

While the case has slipped off the radar for the average college sports fan, the lawsuit filed by Ed O’Bannon and other former college athletes over the use of their likenesses after their careers have ended is still active and has the potential to have a major impact on collegiate athletics depending on the outcome.

The NCAA is one of three defendants (Electronic Arts and Collegiate Licensing Co. being the others) in the case, and according to Steve Berkowitz of USA Today the NCAA may look to recover legal fees from the plaintiffs if they win the case.

Given the scope of the lawsuit, legal fees for both sides will be well into seven figures by the time the trial actually begins next June.

On Friday the co-defendants filed a request to have the case schedule reset in a fashion that according to Berkowitz’s report could push the start date back three months.

The NCAA’s lawyers have said in numerous court filings that the plaintiffs — whose lead attorneys are from the firm Hausfeld LLP’s offices in Washington, D.C. — have made improper and unfair changes in their legal strategy. The NCAA’s lawyers have said those changes have forced it and the association to spend considerably more time – and, by extension, the association’s money and human resources — on the case than they otherwise would have.

Obviously this case is a long way from being resolved, and given what’s on the line there may not be a final answer for quite some time given the case itself and also the possibilities regarding appeals after a verdict is rendered.

With the waiver that athletes are required to sign in regards to the use of their likeness before being allowed to play a game, the NCAA and its partners currently are allowed to use those images however they wish (and in perpetuity as well). That’s just one of the items that the plaintiffs are fighting in court.

If the plaintiffs win this suit, the end result would be changes that would have an impact unmatched by any prior events in the history of collegiate athletics.

Raphielle can be followed on Twitter at @raphiellej.

Latest Posts
  1. Xavier’s new court design? Cincy’s skyline, but not chili (PHOTO)

    Jul 31, 2014, 7:30 PM EDT

    @slrussell @slrussell

    The court will be redesigned by the end of the month.

  2. Recruitment starting to pick up for top 30 point forward Braxton Blackwell

    Jul 31, 2014, 5:20 PM EDT

    Kelly Kline/Under Armour Kelly Kline/Under Armour

    Blackwell is a member of the Class of 2016 but is already hearing from some notable programs.

  3. Rick Brunson charged with attempted sexual assault, battery

    Jul 31, 2014, 3:30 PM EDT

    Vernon Hills Police Department Vernon Hills Police Department

    Brunson is the father of a top 15 recruit and a potential hire for a program in the AAC.

  4. How can Wichita State build on the two best years in program history?

    Jul 31, 2014, 1:15 PM EDT

    AP Photo AP Photo

    Wichita State is coming off of a Final Four and an undefeated regular season. What happens if they can’t match that success again?

  5. Grant Hill donates $1.25 million to Duke

    Jul 31, 2014, 12:00 PM EDT

    AP Photo AP Photo

    It’s the second time Hill has donated a million to the school

  6. N.C. State releases their 2014-2015 non-conference schedule

    Jul 31, 2014, 10:02 AM EDT

    AP Photo AP

    It’s not that strong, but it could have been much worse.

  7. Auburn releases signee Sam Logwood from National Letter of Intent

    Jul 30, 2014, 9:32 PM EDT

    adidas adidas

    The highly athletic wing is back on the market, but he’s yet to be cleared academically.

  8. Guard Quinndary Weatherspoon becomes Mississippi State’s third 2015 commit

    Jul 30, 2014, 8:17 PM EDT

    Rick Ray AP

    The Bulldogs succeeded in keeping a talented in-state product home.

  9. Marquette guard Todd Mayo leaves program to pursue professional opportunities

    Jul 30, 2014, 7:12 PM EDT

    Todd Mayo AP

    Mayo’s decision means that Marquette has to replace its top four scorers from last season.

  10. 2015 shooting guard Terence Davis verbally commits to Ole Miss

    Jul 30, 2014, 6:51 PM EDT

    Andy Kennedy AP

    Just over a month after landing a junior college guard, the Rebels have their second commit in the Class of 2015.

  11. UCLA AD Dan Guerrero expects Pauley Pavilion to be ready for regular season

    Jul 30, 2014, 5:00 PM EDT

    UCLA Introduces Steve Alford Getty Images

    UCLA is holding out hope that John Wooden Court can be salvaged, but if not they’ll have time to replace it.

  12. Mixtape for VCU-bound Terry Larrier (VIDEO)

    Jul 30, 2014, 3:12 PM EDT

    AP AP

    Larrier is the best recruit that Shaka Smart has landed at VCU.

  13. Junior college prospect Andre Spight working to improve point guard skills

    Jul 30, 2014, 12:51 PM EDT

    South Plains College South Plains College

    After averaging 16.0 points per game as a freshman, the South Plains College guard is looking to become a better lead guard as a sophomore.

  14. Report: Dayton lands a three-star recruit from DC

    Jul 30, 2014, 11:39 AM EDT

    Nike Nike

    It’s Dayton’s third commitment from the Class of 2015

  15. Report: Top Oregon recruit denied admission to school

    Jul 30, 2014, 11:02 AM EDT

    Dana Altman AP

    Oregon is now left with just nine scholarship players, only two of whom saw significant minutes last season.

  16. Report: Air Force transfer Tre Coggins finds a landing spot

    Jul 30, 2014, 10:00 AM EDT

    AP Photo AP Photo

    Coggins will be heading back closer to his Southern California home