Jul 11, 2013, 9:00 PM EDT
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.
Mar 10, 2014, 8:23 PM EDT
This is great. The bench mob for the Colby College Mules has extensive choreographed sideline celebrations. Their best is the “El Toro Tres Puntos”. Without a doubt. (h/t Colby’s finest)
Mar 10, 2014, 6:53 PM EDT
Louisiana Tech is fighting to stay on top of Conference USA after four teams tied atop the league standings with a 13-3 record during the regular season.
Mar 10, 2014, 6:45 PM EDT
The CAA Tournament title will take be played in Baltimore on Monday evening. League champ Delaware will square off with Williams & Mary, who is looking to make their first ever trip to the NCAA tournament. The game will tip off at roughly 7:00 p.m. You can watch the game live on NBC Sports Live Extra. WATCH…
Mar 10, 2014, 6:31 PM EDT
UConn’s Shabazz Napier elevates the conversation for the American Athletic Conference’s player of the year discussion.
Mar 10, 2014, 5:57 PM EDT
Despite an arrest for a driving under the influence charge, Oregon State’s Langston Morris-Walker will play in the Pac-12 tournament, and his addition means the Beavers are the conference’s ultimate sleeper pick for a tourney title.
Mar 10, 2014, 5:21 PM EDT
Jason Capel was reportedly fired today, which may put one of the best available class of 2014 recruits on the market again
Mar 10, 2014, 5:14 PM EDT
Joel Embiid has missed the last two games, and Bill Self shines some light on when the center will next play.
Mar 10, 2014, 4:47 PM EDT
What do you expect from a conference that could feature eight NCAA tournament teams?
Mar 10, 2014, 2:59 PM EDT
Creighton and Villanova are the Big East’s two darlings, but which other teams are best positioned to separate themselves from the conference’s middle and earn a bid?
Mar 10, 2014, 1:34 PM EDT
MAAC, CAA and Southern all at stake tonight.
Mar 10, 2014, 12:43 PM EDT
Justin Bieber and Rick Barnes! I shouldn’t have to say more.
Mar 10, 2014, 12:12 PM EDT
Player of the Year, Coach of the Year, Newcomer of the Year and All-Conference teams for every league in the country.
Mar 10, 2014, 11:44 AM EDT
Regular season champion Southern’s ineligible for the NCAA tournament, which could open the door for Texas Southern to grab the league’s automatic bid.
Mar 10, 2014, 9:44 AM EDT
Florida is still No. 1. Wichita State is still No. 2. How does the rest of the Top 25 shake out?
Mar 10, 2014, 8:30 AM EDT
Wichita State is unbeaten, but would they get the nod over the Gators when Selection Sunday rolls around?
Mar 10, 2014, 7:30 AM EDT
Doug McDermott is on the list, but who joined him on the first team?
Mar 10, 2014, 1:16 AM EDT
We know Joel Embiid’s back is bothering him, but should we be worried about whether or not he’ll be healthy for the NCAA tournament?
Mar 10, 2014, 12:10 AM EDT
Three more teams earn automatic bids to the NCAA tournament, Nebraska strengthens its resume and two regular season champions fall in conference tournaments.
Mar 9, 2014, 11:09 PM EDT
Catch up on all of today’s bubble action. Is Nebraska a lock after beating Wisconsin? Can St. Joseph’s still dance after losing to La Salle?
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- 2014 Big East Tournament Preview: Can Villanova finally beat Creighton? 0
- College Basketball Talk’s Latest Top 25 4
- Bracketology: Florida in driver’s seat for overall No. 1 seed 4
- NBCSports.com’s 2014 College Basketball All-Americans 8
- Bubble Banter: Nebraska’s marquee win, St. Joseph’s problematic loss 0
- Turnovers help Ohio State beat No. 22 Michigan State in regular season finale 1
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- NBCSports.com’s 2014 College Basketball All-Americans (8)
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