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.
Dec 19, 2014, 11:45 PM EST
Here’s a rundown of Friday night’s action.
Alex Mitola’s buzzer-beater three gives Dartmouth a 58-55 overtime win over Northern Illinois (VIDEO)
Dec 19, 2014, 11:12 PM EST
Alex Mitola ended with 18 points for the Big Green.
Dec 19, 2014, 10:13 PM EST
Eastern Kentucky had 14 threes. Miami had 12 field goals.
Dec 19, 2014, 8:59 PM EST
The senior forward is apparently playing for the Wisconsin Bearcats.
Dec 19, 2014, 7:30 PM EST
Villanova is off to another good start in the regular season, but heading into the New Year, the Wildcats will need to rack up the wins in postseason play.
Dec 19, 2014, 6:49 PM EST
The SMU forward missed the first 10 games.
Dec 19, 2014, 6:15 PM EST
The Gators could be shorthanded once again in Saturday’s non-conference contest with Wake Forest.
Dec 19, 2014, 5:00 PM EST
The Indiana sophomore was struck by a vehicle driven by a teammate back in November.
Dec 19, 2014, 4:15 PM EST
Antravious Simmons averaged 0.7 points and 0.7 rebounds as a redshirt freshman at VCU.
Dec 19, 2014, 3:27 PM EST
The Wildcats are on the road to take on one of Conference USA’s best teams in UTEP, and both No. 18 Miami and No. 20 St. John’s are in action as well.
Dec 19, 2014, 2:44 PM EST
Jordan Gathers had yet to play in a game this season after undergoing hip surgery in June.
Dec 19, 2014, 1:26 PM EST
Kansas State is one of many programs looking to land Semi Ojeleye, but all of their scholarships are accounted for currently.
Dec 19, 2014, 12:04 PM EST
Jones’ dunk on five-star forward Cody Riley is one of the best you’ll see this year.
Dec 19, 2014, 11:30 AM EST
When you talk Duke basketball in 2014-15, you start with Player of the Year candidate Jahlil Okafor, but there are plenty of other keys to Duke’s success as we get closer to the new year.
Dec 19, 2014, 10:30 AM EST
Patrick Cole has been suspended indefinitely.
Dec 19, 2014, 9:00 AM EST
Oklahoma-Washington, Ohio State-North Carolina and UCLA-Kentucky are just three of the marquee matchups.
Dec 19, 2014, 12:41 AM EST
Even with the win there are things Duke needs to improve upon, most notably the fact that they’ve committed 36 turnovers over the last two games.
Dec 18, 2014, 10:45 PM EST
Also of note was Ole Miss avoiding what would have been their fourth home loss of the season.
Dec 18, 2014, 8:44 PM EST
Jabari McGhee suffered the injury in Tennessee’s loss to NC State on Wednesday.
Dec 18, 2014, 7:09 PM EST
Branden Dawson is the team’s leading rebounder, as he’s grabbing 8.7 boards per contest.
- Markus Kennedy cleared to play immediately for SMU 0
- Weekend Preview: A loaded Saturday slate highlights the weekend 4
- Rebounding, foul shooting help No. 2 Duke make up for 19 turnovers in win over UConn 0
- Michigan State starting forward to miss next two games with non-displaced wrist fracture 0
- Film Session: What’s plaguing Marcus Paige? 1
- Throwback Thursday: UConn ‘Shocks The World’ against Duke (VIDEO) 1
- New Year’s Resolutions: Virginia Cavaliers 1
- Gregg Marshall writes to Wichita State students after seeing empty seats in student section (PHOTO) (7)
- Report: David Robinson’s son will be preferred walk-on at Duke in 2015-16 (VIDEO) (6)
- West Virginia’s Bob Huggins torches Marshall after coach calls Huggs ‘afraid’ (5)
- Without Alex Poythress, No. 1 Kentucky’s offense looks comfortable in win over No. 21 North Carolina (4)
- Lauren Hill’s playing career over, to become honorary coach (4)