Jul 11, 2013, 9:00 PM EST
With the ruling that the plaintiffs in the case of Ed O’Bannon vs. the NCAA, EA Sports and Collegiate Licensing Company would be best served to add a current student-athlete to its case, representatives stated that they would need the NCAA to guarantee that the student-athlete would not be punished for their participation.
Earlier this week the NCAA responded in a letter to Michael D. Hausfeld of Hausfeld LLP (lead lawyer for the plaintiffs), vehemently denying the assertion that a current student-athlete would be unfairly punished for joining the lawsuit.
To be perfectly clear to you, yet again, the NCAA has not and will not retaliate against any student-athlete because he or she participates in litigation against the NCAA, including your lawsuit. Indeed, there have been dozens of cases brought by student-athletes, none of whom have claimed retaliation by the NCAA. Your July 8, 2013 request for a stipulation regarding hypothetical “retaliation” against plaintiffs is completely unnecessary and, given the NCAA’s prior representations on this topic, offensive. There is no good faith basis for your contention that a current student-athlete participating in litigation against the NCAA has any worry of “retaliation, intimidation or coercion” from the NCAA. We have repeatedly made it clear to you in the course of this litigation that participation in a lawsuit against the NCAA has no effect on eligibility, and we can now only conclude that your letter has more to do with grandstanding for the press than actual concern for any potential current student-athletes seeking to join your lawsuit, or any attempt to move this litigation to a just conclusion.
The full letter can be read here.
The future status of the current student-athlete(s) has been a concern since U.S. District Judge Claudia Wilken made the ruling that the plaintiffs would be allowed to make the addition before she decides whether or not the suit will receive class action certification.
But while the NCAA stated that it would not act in a malicious manner towards a current student-athlete that joins the suit, they did close the letter to Hausfeld with the following paragraph:
Finally, while the NCAA has no reason to believe that its member institutions, conferences, athletic departments or coaches would take any action against a current studentathlete who chose to participate in this litigation, we must again remind you that we represent only the NCAA and cannot speak (or sign stipulations) for NCAA schools, conferences, athletic departments or coaches who are not present before the Court. We have no basis or authority to make any representations on behalf of our member institutions, although we are not aware of any facts that would suggest that “retaliation” against a current student-athlete who joined your litigation would be a risk.
Essentially it’s the “well we won’t do anything, but if one of our members were to then that’s something you’d need to take up with them” angle. How much of an impact will that have on a current student-athlete’s willingness to join the lawsuit is the next question that will be asked in determining whether or not the plaintiffs can make the addition.
Ultimately Judge Wilken will make the decision as to whether or not this case should receive class action certification, with the plaintiffs hoping that she’ll grant the request.
Raphielle can be followed on Twitter at @raphiellej.
Feb 27, 2015, 8:07 AM EST
I hope you’re ready for a thrilling day of hoops.
Feb 27, 2015, 1:31 AM EST
Michigan State fouled three-point shooters on two separate occasions late in regulation, and it set the stage for an overtime loss at home.
Vanderbilt head coach Kevin Stallings apologizes for postgame outburst directed at freshman guard Wade Baldwin IV
Feb 26, 2015, 11:47 PM EST
The Vandy freshman taunted a Tennessee player as time expired in the Commodores’ win, and his head coach read him the riot act in the handshake line.
Feb 26, 2015, 10:29 PM EST
Who were the winners and the losers on the bubble on Thursday?
Feb 26, 2015, 9:17 PM EST
Tate scored a career-high 22 points Thursday night, and his move into the starting lineup has helped Ohio State.
Feb 26, 2015, 8:35 PM EST
Five year-old Nicholas Wince spent the entire day with West Virginia prior to their win over Texas, signing a National Letter of Intent as well.
Feb 26, 2015, 5:54 PM EST
Without Jordan McLaughlin, USC will have to rely on Julian Jacobs at the point in their final two regular season games.
Feb 26, 2015, 4:50 PM EST
In addition to a ruptured plantar fascia suffered in a loss to Florida in late-January, Ricky Tarrant also needs to undergo a procedure on his left knee.
Feb 26, 2015, 4:00 PM EST
Boeheim doesn’t seem pleased about the ruling.
Feb 26, 2015, 2:45 PM EST
This borders on criminal.
Feb 26, 2015, 1:37 PM EST
There aren’t many surprises here.
Feb 26, 2015, 12:54 PM EST
SMU will also be making a trip to visit Memphis.
Feb 26, 2015, 11:58 AM EST
This is incredible.
Feb 26, 2015, 11:19 AM EST
These are more understated than recent adidas uniforms.
Feb 26, 2015, 9:43 AM EST
Feb 26, 2015, 8:26 AM EST
Chris Jones was dismissed from the team on Sunday.
Feb 26, 2015, 12:38 AM EST
And No. 2 Virginia limited Wake Forest to 21.8% shooting without two starters.
Feb 26, 2015, 12:07 AM EST
The Duke defense is the biggest red flag on any true contender.
Feb 25, 2015, 11:33 PM EST
Scott Drew’s Bears went on an 18-4 second half run to take control of the game, hitting six three-pointers.
Feb 25, 2015, 9:57 PM EST
Here are Wednesday’s bubble winners and losers.
- Weekend Preview: Saturday will be the season’s best day of games 0
- Bubble Banter: Just how safe is Michigan State, and did Ohio State punch a ticket? 2
- Report: Former Louisville guard Chris Jones charged with rape, sodomy 13
- Wednesday’s Snacks: No. 1 Kentucky moves to 28-0, Northwestern knocks off Indiana 0
- Duke’s defense once again an issue as they get taken to overtime by Virginia Tech 4
- Bubble Banter: Wild night in the Atlantic 10, Indiana in trouble? 0
- Wisconsin’s loss to Maryland a massive blow, but not for the reasons you think 4
- Report: Former Louisville guard Chris Jones charged with rape, sodomy (13)
- Bill Self crushed, Jamari Traylor targeted during Kansas State court storm (VIDEO) (12)
- Roy Williams calls out North Carolina fans following win over Georgia Tech (11)
- Dez Wells, Melo Trimble lead No. 14 Maryland to upset of No. 5 Wisconsin (9)
- Is Ohio State asking too much of freshman sensation D’Angelo Russell? (8)