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.
Nov 27, 2014, 3:14 AM EST
A lot is riding on this season for St. John’s. Can they consistently be the ‘grown up’ team they claimed to be on Wednesday night?
Nov 27, 2014, 3:07 AM EST
Two Big East teams made statements in the Bahamas, and No. 3 Arizona won the Maui Invitational.
Nov 27, 2014, 2:07 AM EST
Arizona scored 22 points off of 14 San Diego State turnovers, and that along with good foul shooting proved to be the difference.
Nov 27, 2014, 12:56 AM EST
Georgetown committed 19 turnovers, but they shot 49 percent from the field and earned another quality win for the Big East.
Nov 26, 2014, 10:22 PM EST
Through five games Louisville is shooting 24-for-105 from three. They’ll need to shoot better than that when Ohio State visits next Tuesday.
Nov 26, 2014, 9:11 PM EST
Sir’Dominic Pointer picked off Minnesota center Elliot Eliason’s outlet pass and made the big man pay for his mistake.
Nov 26, 2014, 8:05 PM EST
Justin Reed was one of America East’s best guards in each of his first two seasons, but that hasn’t been the case in 2014-15.
Nov 26, 2014, 6:42 PM EST
After launching 22 three-pointers in the first half, Oklahoma took a wiser approach to the offensive end of the floor as they outlasted No. 22 UCLA.
Nov 26, 2014, 5:29 PM EST
It’s hard to put too much stake in one loss, but there are a couple of things from this game that we need to keep an eye on.
Nov 26, 2014, 5:24 PM EST
Cameron Biedscheid averaged 6.2 points per game as a freshman at Notre Dame in 2012-13.
Nov 26, 2014, 4:37 PM EST
Joining Cullen Neal on the sideline is Arthur Edwards, who is expected to miss 4-6 weeks thanks to a dislocated finger.
Nov 26, 2014, 3:51 PM EST
The importance of this win for Butler cannot be overstated.
Nov 26, 2014, 3:19 PM EST
JayVaughn Pinkston is the leader and go-to guy for Villanova. And he is not their star because … why?
Nov 26, 2014, 12:02 PM EST
Gordon is averaging 10.5 points this season.
Nov 26, 2014, 11:20 AM EST
Not a bad way to kick off the Thanksgiving weekend
Nov 26, 2014, 9:00 AM EST
He was arrested on suspicion of sexual assault.
Nov 26, 2014, 7:00 AM EST
Angry John Beilein is the best John Beilein.
Nov 26, 2014, 12:28 AM EST
Pinkston made a couple of huge plays down the stretch.
Nov 26, 2014, 12:10 AM EST
Another busy night of college hoops as the Maui semifinals wrap up and Arkansas gets a statement road win.
Nov 25, 2014, 11:50 PM EST
Maryland pulled off one of the biggest upsets of the young season as they outplayed No. 13 Iowa State for much of the game in front of a pro-Cyclone crowd in Kansas City.
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- The little things made a big difference in No. 3 Arizona’s win over No. 15 San Diego State 0
- Butler upsets No. 5 North Carolina in Battle 4 Atlantis opener 2
- If No. 12 Villanova doesn’t have a star on their roster, no one told JayVaughn Pinkston 0
- JayVaughn Pinkston’s block gives No. 12 Villanova a win over No. 19 Michigan (VIDEO) 2
- Maryland upsets No. 13 Iowa State as fearless freshmen mix with gritty veterans for balanced effort 3
- Rondae Hollis-Jefferson’s selflessness during the Maui Invitational will help No. 3 Arizona in the long run 0
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- Villanova’s win is evidence of why VCU may have peaked as a basketball program (14)
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- Rick Pitino on blow out win: ‘We played four white guys and an Egyptian’ (12)
- College Basketball Talk’s latest top 25: Kentucky reigns, but how far will Kansas, Florida slide? (5)